Separated during conditional GC

[twitterbird 0]

My husband and I separated for 3 months during our 2 year conditional status. We had different adresses for that time.

Will this cause a problem when filing for removing conditions?

While we were separated we didnt speak and if we did we argues by phone or emails. I took a trip to Canada with friends and on the border back they asked me if I was married, I thought my husband had called in and said something and I said we are separated.

The imigration officer took me to a room and told me that I would lose status if we got a divorce and asked me what I was going to do if I lost my status. He asked me things about my husband and then he said everything was fine, enjoy your evening. Will this be documented and brought up when my case is pending at the USCIS for condition removal?

We got back together and went to marriage counselling, we have documentation of this.

We are young and have not purchased property yet, however we are renting an apartment we plan on staying in till we buy our house, we are both on the lease phone and utility bills. We have filed our taxes together for 3 years.

We don't have kids but we had a baby on the way and misscarried, that was the reason for the separation, we got upset and frustrated and fought.We have ultrasounds picturs and doctors letters.

I'm really not worried, but reading about people who get denied and all makes me wonder how tey are going to look at us being separated? It seems they want anything to be a reason for deportation?

If they would not remove the conditions, we are moving to my home country togehter, does anyone know how long it would take my husband (US citizen) to move there?

Thanks guys.

[mozplay 29]

The fact is that you are married now at time of filing and were married for the entire duration. Separation does not mean that you are no longer married. So I don't think they will deny you right out but you may be called in for an interview, especially since customs border patrol (CBP) has you on record as saying you were separated. Did your mailing address ever change or were you still technically living with your husband?

If it were me, I would perhaps include in my cover letter (or as a separate document) a short paragraph saying something like ...

We have been married now for #years and are proud to say that our marriage has survived a life changing hardship. In (year) I/my spouse/my wife suffered a miscarriage and though because of the grief we were separated for 3 months, we have since sought counseling and have worked through our sadness together and are happily living as husband and wife again.

Try not to worry too much about it ... just remember to be honest if you ever get a RFE or get called for an interview.

[twitterbird 0]

Thanks Mozplay.

Do you think that the CBP really made notes about that? Bc it didn't seem he did. I heard at the Canadian Falls every other person gets taken in for random questions, but who knows.

Marriages are hard work but it doesn't seem the USCIS understands that.

My filing for the ROC comes up in December.

What is an interwiev like? I hated the process we had to go thru for the visa and greencard itself, it was a long wait with all kinds of tests and an interwiev. It's like a neverending story adding stress for people who just want to live in peace and quiet.

Has anyone else been separated during their conditional status??

[wexford65 0]

I will start by saying I have NO experience of anything like this so take what I say with a pinch of salt.

That said you need to tread a little carefully. IF this separation has been noted and you aren't open about it up they might consider you to have been less than open with them. Don't give them any opportunity to consider you to be dishonest, it will backfire. So if they ask, tell them everything truthfully.

The removal of conditions asks for evidence of your relationship, which you should be able to provide. I think it also asks for all addresses you lived at during the prior period. Make sure you include them all.

However, I don't think it asks whether you have had a separation during the 2 years so you should be good to go.

Good luck

Paul

[Brother Hesekiel 2,236]

IMHO, You got nothing to worry about. Since you brought it up, what's your home country btw? Canada?

Edited August 13, 2009 by Just Bob

[mozplay 29]

Do you think that the CBP really made notes about that? Bc it didn't seem he did. I heard at the Canadian Falls every other person gets taken in for random questions, but who knows.

Marriages are hard work but it doesn't seem the USCIS understands that.

What is an interwiev like?

The CBP at Niagara (the Falls) does not stop everyone but many do get stopped and what I learned during the K-1 process is that yes, there is some sharing of information.

I think that USCIS will understand that marriages are hard work... but it is their job to determine if the marriage is true so they are bound to ask questions to come to a decision.

Don't think of the interview as scary ... just as a means to prove your honesty and relationship. You can do a search for interview experiences and/or look at the guides for interview questions.

You may find more help on the 'major effects' forum as likely there will be people there who have been separated and then come back together.

And twitterbird ... you are most likely gonna spend fair bit of time on here getting the support and advice you need .... please do us all a favour and . You can go up to "my assistant" to do it.

Edited August 13, 2009 by mozplay

[essjay 0]

As others have said, always be completely honest. It is sometimes amazing what info they have which you haven't supplied! The fact is that you are still married and have been working through any difficulties. That is more than many marriages when both parties are from the same country. Good Luck!

[twitterbird 0]

Ok guys, my husband called USCIS today without giving a name or anything and asked general questions today, they told him that they would not have anything on file unless I did something illegal that time. And him or i would have been contacted right away.

So that's a good thing.

Of course we have to be honest, I hope they just are human enough to see we fought thru these times wich were the worst of my life.

Should we add our marriage counselling documents with all of this or wait with them if we get called in to an interwiev?

Also, I find this website hard to navigate thru and do not find anything saying "my Assistant".

PS. Someone asked where I was fromoriginally, I am from Swden, (North Europe)

Ok, everyone, Thank you so much for sharing-answering-giving your thoughts.. I appreciate it. You rock!

[mamaSue 38]

I would be totally honest in your position....

New marriages do have problems.... and you've got proof of your circumstances (miscarriage, counselling, etc)

I really wouldn't be too worried in your position..... just provide plenty of documentation and proof that your marriage is genuine.

I wish you the very best of luck!!

Sue.

[mozplay 29]

Also, I find this website hard to navigate thru and do not find anything saying "my Assistant".

"My Assistant" can be found at the top of the page. Scroll up till you see all the photos of the happy couples; under that you will see the link to "Reviews: Embassy/USCIS.POE" in white text. Below that you will see "My Assistant".

Good luck!

[jcrom 2]

Hello my friend. I hope of this insight helps you out something for your knowledge. For immigration, they DO NOT CARE IF YOU ARE SEPARATED, the problem for them is that if you are DIVORCED. For them , it is normal that a couple has normal fights, even separations during days, even months. Of course, you have to tell the thruth in case you are interviewed or something. They watch a separation of days even just a few months as normal. Every couple has the right or duty to fight, discuss and argue about their own problems. Remmember something that for LEGAL TERMS, YOU ARE NOT OFFICIALLY DIVORCE UNTIL THE JUDGE IN THE COURTROOM PUT THE NOTE OR JUDGEMENT OF DIVORCED. THE REST MEANS YOU ARE MARRIED, so in case of a demand of divorce or submitting of papers of divorce, they cannot know that issue, you are not going to mention that neither, and you are not officially divorced until the judge issues the judgment out. I don't know if the officer in U.S. Canada border Costums, they put on the system something, I really do not know in that case. But, I give you and advice, act as it was written down something in your records, so you can be very aware of everything involved in your case. Thanks and bye,