We are separated (sad)

[russian_armenian 4]

So, your husband wants to cooperate. That is good. (my impression that you need a GC-to qualify for a school loan your son has to be a PR; or maybe he is already).

What husband is suggesting is wrong-immigration sometimes check family courts to see if divorce was filed (even if it is not final). Your application could be denied because it is based on conitnous marriage in good faith.

He is right. It is 90 days in PA if you dont contest divorce and a couple more months to get final decree. PA divorces are not like NY-record is available. I see that he wants to get over it. And despite prenap, you sill might get some money-so, maybe that is why he is willing to cooperate.

A few points.

-You need to be in US to do fingerprints (they could schedule 2 weeks from 3 months after sending I-751).

-After you send I-751 and (important) you have in your hands actual Notice of Action on your case, you both file for divorce.

-In PA it will take max 6mo (if you both consent) to have a final decree.

-As soon, as you get final decree, you send a new I-751 with waiver based on divorce (suggestion-get PO box and ask son to check it every week; so you would not miss letters from immigration and your husband might not give you letters and you will be denied; immigration might ask for more evidence of bona fide marraige; RFE is common but interviews are not common and you dont need your husband for interview if you send I-751 with waiver).

-You needed to be in US only for fingerprints and can wait in Mexico. You should keep telling that you are just staing in Mexico with relatives but domicile in US and that US is your residence.

-You better to come to US every 6 mo but you actually can some to US only once a year for 1 day and would not lose your PR status (however, would not be able to apply for natulalization since will be needed to accumulate 30mo in 5 years); but you would have to pay taxes or keep name in some apartment...something to show that you have not abandont the residence in US.

-Keep in mind that you will need money for applications. So, I would ask husband and get cash in advance.

-I would not trust husband with control over the process.

My husband has told me he would be willing to go to the interview if i file to remove conditions in january, but I would have to sign the divorce documents prior to removing conditions, here is his suggestion:

1. we file the application papers for divorce, no government agency will ever know that we filed since there is nothing official on file at the US state department or Immegraton Dept. we are still married, there is a single piece of paper that sits in a file drawer at the courthouse. but this starts the 90 day period that I want to get over with.

2. You start the green card application as soon as your allowed

3. you come back to the usa for our interview and we both sign the final divorce documents (January ?)

4. We wait for your green card to arrive. AFTER YOUR GREEN CARD COMES I WILL THEN FILE THE FINAL DIVORCE DOCUMENTS.

5. Divorce is over 1 month later (February?)

My green card expires in april 2009. I would have to file in January 09.

This is very complicated since i am not in USA and i dont know what to do.

THANKS TO EVERYBODY.

[russian_armenian 4]

There is actually time to get divorce and to send I-751 with waiver. I would say 5mo is the time to get final degree in hand in PA. You should be fine with I-751 with waiver. Just get all docs from husband in advance-to prove that marraige was bona fide. He might not cooperate later. He might be willing to give you some money for process. But you still has to come here for fingerprints. Everything else could be done by mail. And somebody must check mail for you.

Well, it was HIS SUGGESTION, i havent agreed anything yet. And I would have to trust him and its kind of hard for me. I dont know what to do yet.

Thanks

It's fraud. Trust or no trust, what he suggested is fraudulent.

You must reside in the USA in order to remove conditions on your legal permanent resident status.

You have two choices and two choices only.

1. Reconcile your marriage and remove conditions based on a bona fide ongoing marriage relationship.

2. Obtain a divorce before your status expires and self petition to remove conditions on the basis you entered the marriage in good faith.

Both options require you to reside in the USA.

[russian_armenian 4]

I know many people who just some here once a year for a week/weekend. (many Canadians, by the way). They are perfectly legal and keep PR status. But they have some lease agreements here and pay taxes-just in case to show that they have not abandoned residency. They rule says-to keep status you have to be in US for 364 days a year. A day longer and you have broken the continuaity.

For OP it could be a problem if she sends I-751 in good faith marriage-married people must live together. But if she sends with waiver, she can say that she was rehabiltating due to divorce with family in Mexico. Her residency should be fine.

and if she takes to long to decide, this may be a moot point as she may have been out of the country long enough to be considered having abandoned her residency.

And the other thing that I am going to repeat from the previous poster -- if and when you do get the 10 year GC, YOU HAVE TO LIVE IN THE USA, the 10 year card is NOT a travel visa.

[russian_armenian 4]

I know some Canadians were not permitted to visit US when GC was revoked. But some actually never had a problem.

Hello friends,

In conclusion I think I would abandon my GC because I am not going to live in USA, and when I get a job here I will apply for a tourist visa, but what will happen with my SSN??

Im thinking they might deny touist visa because i have a SSN in USA???

[Big Papa Zone 93]

i'm not understanding why people are giving pushbrk a hard time for his offering advice. that is what this board is for - and one can either heed or disregard the advice.

He can't admit when he's wrong, when he misses detail in posts. But when someone else misses entering a comma in a sentence he gets his feathers all ruffled. Is his condescending tone against TOS?

pushbrk is the Victor Meldrew of VJ......

...........but ultimately, there's nobody I'd rather turn to for advice on this forum.

[JenT 0]

...........but ultimately, there's nobody I'd rather turn to for advice on this forum.

I trust Diaddie.

[russian_armenian 4]

This forum helps to get prepared and ask the right questions to lawyers. Do you trust lawyers? All of them? Some of them dont know half of what they should know. I have been to many lawyers before I settled with one. All of them were stricly immigration lawyers. My case was not simple. My AOS from company was pending but I have got married to USC. I wanted to know the best way. Believe me one lawyer from big immigration law company (i got reffered to him through friend-doctor from Holland -the process was fast for her) told me that he does not know how to deal with this part of a possible process and that part because other lawyers at his company handle those aspects of immigration process. And he had more than 20 years of immigration experience and perfect reputation. The other lawyer told me just to prepare new applications and wait which one will be faster (she should know that it is illigal to have 2 AOS pending applications).

This forum helps in some ways. Like in OP situaiton-if she goes to one lawyer and asks how to keep PR status while living in Mexico, she might get an answer that it is imposible since her "domicile" will be abandoned. But the other might tell her, that she has to spend at least 1 day a year in US (plus taxes, mail, etc) and she would be legal and can cross border without a problem. With lawyers it all depends how you ask questions-they dont want to get debarred. Lawyers with foreign background are usually more layback and just tell all tricks they know how to be legal. I have American born lawyer because I have not needed "tricks". I am sure that my lawyer would not tell me explicitly how to keep PR status if I would wanted to live overseas. He would lecture me, I am sure. But I know many other people who were told by lawyers what to do in the situation like OP-one friend is actually just arrived here for a week, he has been living abroad for 3 years now while keeping his GC. And he is crossing border without problems. My friends family won GC in lottery about 5-6 years ago. They stayed here for about 6mo and got GC in hands and all those years just visiting US for a few days actually only (the whole family of 4).

i'm not understanding why people are giving pushbrk a hard time for his offering advice. that is what this board is for - and one can either heed or disregard the advice.

He can't admit when he's wrong, when he misses detail in posts. But when someone else misses entering a comma in a sentence he gets his feathers all ruffled. Is his condescending tone against TOS?

pushbrk is the Victor Meldrew of VJ......

...........but ultimately, there's nobody I'd rather turn to for advice on this forum.

[Ban Hammer 13,345]

...........but ultimately, there's nobody I'd rather turn to for advice on this forum.

I trust Diaddie.

the mermaid rawks

[almaty 19]

...........but ultimately, there's nobody I'd rather turn to for advice on this forum.

I trust Diaddie.

amen to that..the sister mermaid..is my main girl