Separation or Divorce? Which is better?

[marriage 0]

To add to http://www.visajourney.com/forums/index.ph...owtopic=211568:

* Joint application, still married, but living separately?

or

* Single waiver application, living separately?

or

* Single waiver application, in the middle of a divorce?

I can't get a divorce decree in time

Edited August 7, 2009 by marriage

[Chica Yeyé 41]

I did not reply yesterday because I don't want to give you bad advise. Here is what I understand:

If you do not have the divorce decree but are separated, you file on your own. I don't think it's a good idea to send in a joint application if you don't live together anymore; although I have heard of people doing that when the divorce is amicable and the USC spouse wants to help out -- what is your spouse's position on this? Then again, I am just speculating. Let's see what other VJers think.

[birdlover2008 2]

I think it's best if you speak to an immigration lawyer.

[Anamaria2009 1]

I only had bad experiences with lawyers.... the only thing that they are interested in are money and how to get as much as possible from you....

Try Catholic Charities or other organizations in your area that deal with the immigrant's issues.

Hopefully somebody that reads this topic and went through something similar being sucesful at the end, will share the experience.

One thing is for sure: if the divorce proceedings have begun, you can only self-petition.

[marriage 0]

thks *Len*, birdlover2008, Anamaria2009! thks a bunch ! i was talking on/off with my usc spouse in this meantime, hence the delay in updating:

background -

1) mid-05: met usc spouse-to-be

2) end-05: got engaged

3) end-06: had the wedding (good-faith)

4) mid-07: applied for gc

5) end-07: received conditional 2 year gc

6) end-09: 3rd wedding anniversary

7) end-09: conditional 2 year gc expires

http://www.uscis.gov/files/form/I-751instr.pdf

http://www.uscis.gov/files/form/I-751.pdf

update -

now usc spouse wants to return but in steps (she sounds worried she'd look like a "fool" if she walks right back in after all the drama she caused, but she's lovey-dovey on the phone). so she proposed to live with friends and on her own, close to her work, for a little while (min. 2 weeks to max. 6 months). during this time, we'd keep going to marriage counsellors and try to save our marriage. after this time, we reevaluate our marriage. so definitely no divorce.

but that still leaves the issue of i-751 and how to state my living condition without misrepresentation -

i-751 does ask for beneficiary's mailing address (on pp. 1 part 1) and usc spouse's mailing address (on pp. 2 part 4). so i can ask her to revert her mailing address to my (our old) address. if so, can i write just our 1 mailing address under part 1 and 4? or do i need to write our 2 living addresses?

also, there was never any divorce paper filed anywhere, so should i still try to get a formal letter stating this "withdrawal" for my records? our friends know of our marital troubles, but hopefully that won't effect their affadavits. on i-751, there isn't any mention of cases like ours where a couple is going through a rough patch.

[marriage 0]

...can anyone please help answer my questions? thanks

[HappyNathy 0]

I don't have any advice for you but perhaps to consult with a lawyer, maybe someone you know can make a solid recommendation.

This really is a very frustrating aspect of dealing with USCIS. All couples will struggle with adjustments & rough patches but it doesn't "look good" when it happens to a USC/non-USC couple, unfortunately and unfairly.

Good luck & may you have the resolution you seek.