when things go wrong - breaking up on conditional green card

[john55 0]

Hello all,

I'm a foreigner, my wife's a US citizen, and things are going really badly ... I'm sorry I'm surely asking questions already answered ... but I'm trying to get the whole picture and in a terrible state of mind/heart ... feeling very very crappy

Here's my situation :

spent 3-4 years as F student in the US in relationship with my then-still-girlfriend, now wife ;

applied for K1 while we were abroad

got back into US and married end of 2008 - a real marriage out of love!

got conditional green card Spring 2009

Now (or to be precise, a few weeks ago) : we're breaking up after a lot of relationship issues.

It's a double disaster for me:

1/ I really love my wife and am totally heartbroken to lose my love and best friend (she has similar feelings - it's not a "cold" breakup)

2/ I've lived here for so long now, this is my reality and my future. I would be utterly devastated to have to go back across the Pond.

What I would want :

get back together and work things out and be happy ever after

get real green card in a year and a bit

get citizenship a year after that

But she seems serious about not getting back together (and there are very real challenges, we just disagree on when to throw in the towel). She's asked me to look into the legal stuff. She doesn't want to "exile" me and loves me a lot and wants the best for me ; but also feels it would be a drag on her and a very big deal to not divorce for another 1-2 years.

QUESTIONS : (there's a bunch ...)

1/ She's interested in the idea of annulment of marriage (possible if you've been married for less than a year) - but I have a gut feeling that that would seriously screw up my immigration case. Any wisdom on this?

2/ She's worried that divorcing later rather than annulling now would cost more / be more work / etc. However this is the land of divorce, right? Surely can't be that hard?

3/ Are there any ways for me to "transfer" my status to another path-for-immigration? Eg.,

4/ Could I somehow turn this into an employment-based green card? Or,

5/ Could I marry someone else before the 2 years are up? (I know, it sounds completely crazy!)

6/ ???

7/ If we divorce or annul now, do I retain the full benefits of the green card until the two year mark comes up?

8/ What happens during these 2-year-removal-of-conditions interviews? (I mean, what happens typically? I'm sure they can be quite different.) What would be required from her to pass this test? Stay married? Live together? Show love letters? I'm not asking anyone to condone anything illegal ; I'm wondering how real people deal with real-life stuff - perhaps you've been in my situation, or you know someone who's been there. It would help me to talk about these things!

I'm sorry to ask so much information of you, but I feel I need to be really informed so I can best protect my (and her) interests. You can PM me too.

Thank you so much for your help and understanding!!

John

[Enlighten one :) 5]

File for divorce. Your intentions to immigrate for the purpose of marriage a merit enough for you to get your 10 year.

[Standalone 0]

File for divorce or wait until she files. Then file to remove conditions based on good faith marriage. Make sure you have the divorce decree. I have never hear of a single case that got denied for those who filed based on good faith marriage. Good Luck.

[Old Dominion 26]

Get the divorce papers going. You'll be OK down the road, because you married in good faith and like so many, it didn't work out -- USCIS understands that. In many states, annulments are really difficult to obtain, if they are granted at all.

[Brother Hesekiel 2,236]

QUESTIONS : (there's a bunch ...)

1/ She's interested in the idea of annulment of marriage (possible if you've been married for less than a year) - but I have a gut feeling that that would seriously screw up my immigration case. Any wisdom on this?

Bad idea

2/ She's worried that divorcing later rather than annulling now would cost more / be more work / etc. However this is the land of divorce, right? Surely can't be that hard?

Divorce is easy and cheap

3/ Are there any ways for me to "transfer" my status to another path-for-immigration? Eg.,

No

4/ Could I somehow turn this into an employment-based green card? Or,

No, and employment-based is not immigration, to top it off

5/ Could I marry someone else before the 2 years are up? (I know, it sounds completely crazy!)

Yes, but you can't transfer the case to a new spouse

6/ ???

???

7/ If we divorce or annul now, do I retain the full benefits of the green card until the two year mark comes up?

Yes, in practice, no in theory

8/ What happens during these 2-year-removal-of-conditions interviews? (I mean, what happens typically? I'm sure they can be quite different.) What would be required from her to pass this test? Stay married? Live together? Show love letters? I'm not asking anyone to condone anything illegal ; I'm wondering how real people deal with real-life stuff - perhaps you've been in my situation, or you know someone who's been there. It would help me to talk about these things!

You can file alone, with good chances of success.

I'm sorry for my brief answers, but I'm typing with 2 thumbs on a miniature netbook.

[rika60607 215]

Hello all,

1/ She's interested in the idea of annulment of marriage (possible if you've been married for less than a year) - but I have a gut feeling that that would seriously screw up my immigration case. Any wisdom on this?

Check I-751 instructions, waiver can be based on annulment. However, to get annulment would be hard.

2/ She's worried that divorcing later rather than annulling now would cost more / be more work / etc. However this is the land of divorce, right? Surely can't be that hard?

If you both agree on how to divide property and have no children together - easy and cheap, regardless of timeframe. But it takes time to divorce, too.

3/ Are there any ways for me to "transfer" my status to another path-for-immigration? Eg.,

No

4/ Could I somehow turn this into an employment-based green card? Or,

No transfer possible. But you could apply for GC through employment independently.

5/ Could I marry someone else before the 2 years are up? (I know, it sounds completely crazy!)

Yes, but you still will have to remove conditions based on the 1st marriage.

6/ ???

7/ If we divorce or annul now, do I retain the full benefits of the green card until the two year mark comes up?

Yes. But you will have to file I-751 quickly after divorce. If USCIS learns of divorce and you did not file I-751, they may start proceedings to terminate your status before 2 years is up.

8/ What happens during these 2-year-removal-of-conditions interviews? (I mean, what happens typically? I'm sure they can be quite different.) What would be required from her to pass this test? Stay married? Live together? Show love letters? I'm not asking anyone to condone anything illegal ; I'm wondering how real people deal with real-life stuff - perhaps you've been in my situation, or you know someone who's been there. It would help me to talk about these things!

Check I-751 instructions for evidences of bona fide marriage

I'm sorry to ask so much information of you, but I feel I need to be really informed so I can best protect my (and her) interests. You can PM me too.

Thank you so much for your help and understanding!!

John

[3600rs 24]

1/ She's interested in the idea of annulment of marriage (possible if you've been married for less than a year) - but I have a gut feeling that that would seriously screw up my immigration case. Any wisdom on this?

Check you local state rules. I think its best to go for a no fault divorce in your state. Annulments are rarely given

2/ She's worried that divorcing later rather than annulling now would cost more / be more work / etc. However this is the land of divorce, right? Surely can't be that hard?

more work and more cost equals annulment. Divorces are faster and cheaper.

3/ Are there any ways for me to "transfer" my status to another path-for-immigration? Eg.,

If you get your divorce decree you can file for a waiver, otherwise you can change for another path of immigration if you dont want to wait that long..there are lots of categories. Contact an immigration lawyer to access your background.

4/ Could I somehow turn this into an employment-based green card? Or,

You cannot turn one visa into another! You can stop processing on one and apply fresh for another.

5/ Could I marry someone else before the 2 years are up? (I know, it sounds completely crazy!)

Yes for sure but make sure you have divorced the first, and have bonafide intentions with the other. Place love before the green card.

6/ ???

7/ If we divorce or annul now, do I retain the full benefits of the green card until the two year mark comes up?

Divorce will take away all your rights until you apply for a waiver and get an extension of status for one year. Do not divorce and wait for the 2 year mark, a waiver should be filed ASAP or else you could risk removal.

8/ What happens during these 2-year-removal-of-conditions interviews? (I mean, what happens typically? I'm sure they can be quite different.) What would be required from her to pass this test? Stay married? Live together? Show love letters? I'm not asking anyone to condone anything illegal ; I'm wondering how real people deal with real-life stuff - perhaps you've been in my situation, or you know someone who's been there. It would help me to talk about these things!

if both of you'll file a joint application an interview will consists of verifying the nature of your relationship. If you file a waiver all by yourself its will consists for verifying that the marriage was bonafide. Either way you will have to prove bonafide marriage at the interview --- for a joint application or for a waiver.

Do not mix your family affairs with immigration, they are 2 different sides of the coin. Get thru your family affairs first and then see to immigration.

[john55 0]

Hi everyone,

thank you so much for your replies. It really helps to have all you knowledgeable folks take the time to help me out ... It means a lot!!!

So, it seems there's consensus that :

1/ immigration and personal life need to be kept separate as much as possible

2/ don't fake it, apply for a waiver right after divorce

3/ forget about annulment

Things I'm still worried about :

1/ if the waiver doesn't get accepted, I'm history

2/ if it does get accepted, I'll have to wait 5 years for citizenship instead of 3 years

3/ how to prove it was a bona fide marriage

Re the last point, we don't own property or have kids ... While this makes a divorce easier, it makes proving bona fide harder. What we do have :

* shared appartment lease for 1 year

* history of 3 years before getting married

* some utilities in both names or in either name on same address ; shared zipcar membership, shared grocery store (coop) membership

* I was on her health insurance this past year

* some photographs of the past year

* some e-mails

* statements from people : because we've moved several times, have only lived here for less than a year, and live far away from our families ... we can only get "weak" statements from people who don't know us that well, or people who live far away and have only seen us together occasionally.

So, it seems this will be nerve-racking as I don't have a strong case!

What do you think? Should I be worried?

Thank you so much!

John

[rika60607 215]

You have a strong case and you are from a well off country. Meaning, it is not generally expected that people from France are desperate to leave their country. There is no guarantees in life, but comparatively speaking, you should be fine.

If your spouse is supportive of you staying in the US, she can write you an affidavit/statement regarding validity of your marriage, this may be of help too.

[bhajishah 4]

She doesnt want counseling??

[3600rs 24]

You have a strong case and you are from a well off country. Meaning, it is not generally expected that people from France are desperate to leave their country. There is no guarantees in life, but comparatively speaking, you should be fine.

If your spouse is supportive of you staying in the US, she can write you an affidavit/statement regarding validity of your marriage, this may be of help too.

I agree to the above but remember coming from a "well off" country will not bullet proof you from a denial. When the evidence is weak with signs of fraud you can be denied regardless of your country. Maybe a little soft on the "well off" countries.

Bhajishah:

Counseling is seen with positive eyes but it is not mandatory for an approval.

Edited September 15, 2009 by 3600rs

[john55 0]

Hey all,

thanks for your encouragement ... Good to know some things are in my favor.

So, you've told me that

* a statement from my wife will help

* counselling would be seen as positive.

I'm afraid she's serious about breaking up right now, and counselling costs a lot of money that we don't have ... I would still make it happen somehow if she wanted to.

Are there other things that could strengthen my case that I may be overlooking? This may be a good time to start collecting the evidence, even if divorce and waiver come later!

Thank you so much,

John