Wife and I are divorcing but she wants to stay in US

[NonyGuy 0]

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

[Time2gopeacefully 0]

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

Try to wait and try to work things out. Do NOT rush to divorce. Do your best just as much as what you did for each other in the past. Seek

counseling if you can. Best of luck!

[NonyGuy 0]

there is no working things out anymore. we've done the counseling, and it's just over....100%

so is there anyway that she can still stay here in the US? What exactly is needed to prove that our marriage was real and not some bogus Green Card scam? We were honestly madly in love with each other, and things fell apart.

[Dakine 26]

If she doesn't have her conditional GC yet then she''ll be subject to removal. Sounds like you guys haven't had a AOS interview yet?

[weirdon 0]

Hi, yes she can stay at U.S. She can apply for waiver when she removes her condition on 2010. Just telling her to keep everything that prove your marriage in faith. Another thing is you have to make sure in the document that the divorce is your fault not your wife. Good luck.

Edited March 11, 2009 by weirdon

[Dakine 26]

Hi, yes she can stay at U.S. She can apply for waiver when she removes her condition on 2010. Just telling her to keep everything that prove your marriage in faith. Another thing is you have to make sure in the document that the divorce is your fault not your wife. Good luck.

I don't think the OPs wife has her conditional GC yet. If that's the case USCIS won't give it to her if no longer married or separated.

If she does have it then she can remove conditions as soon as the divorce is final.

[john_and_marlene 162]

I don't think the OPs wife has her conditional GC yet. If that's the case USCIS won't give it to her if no longer married or separated.

If she does have it then she can remove conditions as soon as the divorce is final.

The OP stated in the first post that her GC is good until 2010, so she does have it.

[NickD 203]

Sounds stupid, could slap her around lightly, so she can claim physical abuse.

My spouse is deceased.

I entered into the marriage in good faith but the marriage was terminated through divorce/annulment.

I am a conditional resident spouse who entered a marriage in good faith, and during the marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or permanent resident spouse or parent.

I am a conditional resident child who was battered by or subjected to extreme cruelty by my U.S. citizen or conditional resident parent(s).

The termination of my status and removal from the United States would result in an extreme hardship.

Know of one person that used the last one, in coming here, her home was sold, and she quit her job and established herself here. I would suggest finding a good immigration attorney.

Yet in another view, if you are happily married and living together, with all the reason they give you for breaking up, makes you wonder why you even have to apply for the I-751, especially that hardship clause.

In your wife's case I entered into the marriage in good faith but the marriage was terminated through divorce/annulment. Is the most honest, but I believe you can check more than one box.

A good immigration attorney, a woman for your wife, would be the best bet to gather the required evidence, and can be located anywhere in the USA, not stuck in your home state like with other attorneys with immigration. I live in WI and for our initial found the best one in Ohio for our initial AOS, a very large firm with many specialists. Assume records of your attempts to keep your marriage would be one form of evidence, but really don't know, but that is what I would do. Price should be about the same as a plane ticket.

[YuAndDan 153]

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

Yes, but marriage in good faith will be needed to be demonstrated for I-751.

http://www.murthy.com/news/n_remcon.html

[NonyGuy 0]

My wife and I will be officially "separating" at the end of this month. She'll be moving to Tampa, and I'll actually be moving to Thailand for work.

Her green card is good until December 2010. We have to be separated for 1 year before we can apply to divorce, so that means we can divorce in April 2010 (approximately). I'm assuming the divorce will be done with an attorney present for her or I since I'll be overseas and not coming back to the US for the court proceeding (no property to split, kids, etc.)

However, I honestly do love my wife and I want her to be happy. She wants to stay in America. Can this be done if we are divorced? Do instances like these EVER get approved, or will she be told to pack her bags and go back to her home country?

Thanks for your help guys!

Yes, but marriage in good faith will be needed to be demonstrated for I-751.

http://www.murthy.com/news/n_remcon.html

Our marriage was definitely entered into in good faith. If my wife and I divorce and she files the I-751 saying we married in good faith, i dont know what evidence she could show.

What evidence could I use???

Since she's been here, we've only rented an apartment. My name is on the lease, as well as hers.

She has no car or driver's license, so her name isnt on my car (can i add it?) and shes not on my car insurance.

We have plenty of pictures together...not of foreign travel with each other, but domestic.

I'm in the military, but I get out this June. I could print out the document showing my dependents (her). I could also print our the military health insurance and dental insurance plans that show her name.

We don't have joint bank accounts, but I suppose I could open one. Should we? Will I have to constantly add/withdraw funds?

Is all of that, along with affidavits from friends and family enough? I will be moving to Thailand this April/June and she will be moving to Florida to live with her family there. We will stay married for now, but be separated.

Help?

[Bobby+Umit 161]

Sounds good!

[YuAndDan 153]

A while ago must be about 2 years ago, I read of a couple going through a divorce at the time they filed I-751, they still filed jointly and were interviewed, and explained the situation in detail to the interviewing officer, the officer approved the removal of conditions.

[justashooter 430]

A statement from you (notarised) that your seperation was caused by your occupation and that you have since elected to divorce will be helpful. You can have a statement notarised in any US embassy or consulate in any country and airmailed back to US.

The only issue I can see that might be questioned is your wife's family presence in Fl. Your short marriage might be looked at as fraudulent in relation to this. You tell us it was sincere, so include a description of your circumstances of meeting (if they are favourable) & etc in your notarised statement.

[lucyrich 20]

What matters legally is that she be able to show the marriage was entered into in good faith and not for the purpose of gaining an immigration benefit. The fact that the marriage ended quickly isn't an issue legally, except that it tends to be something that one might suspect would be more likely to happen to a green card marriage than to a genuine marriage. To outweigh the fact of the divorce, she may have to present a bit more convincing evidence than would otherwise be required of a couple that stayed together the whole time.

Your own sworn statement that the marriage was entered in good faith would be helpful. You can fill in some of the details of your relationship that make you believe she married you for love and not for a green card. Also, if the two of you took actions to try and reconcile, noting that might be helpful.

Note that the investigator might look at it from the theory that you got scammed and you're still being scammed. I'm not suggesting that's the case, just suggesting that it may be important from the investigator's point of view to try and demonstrate what HER motivations were in the marriage, more than your own. So if you can point to any facts which demonstrate that she was in love, she tried to reconcile, etc., those may be things to highlight.

Note that, once a divorce is final, there's no need to wait to file the I-751 for removal of conditions. The 90 day window just before the 2nd anniversary of LPR status is something that only applies to a joint filing by couples still married. If she's filing based on checking box 2d of the I-751, she can file the day after the divorce is final.

[diadromous mermaid 36]

Her presence in Fl is not an issue, especially if....

a.) He is out of the country

b.) They are separated

A statement from you (notarised) that your seperation was caused by your occupation and that you have since elected to divorce will be helpful. You can have a statement notarised in any US embassy or consulate in any country and airmailed back to US.

The only issue I can see that might be questioned is your wife's family presence in Fl. Your short marriage might be looked at as fraudulent in relation to this. You tell us it was sincere, so include a description of your circumstances of meeting (if they are favourable) & etc in your notarised statement.