Divorce Waiver of joint filing Evidence??

[Ume 0]

Hi, I need some advice on my green card issue.

I got married on March 24th this year, got my conditional green card in August. However, I am getting a divorce but I would like to stay here until I Decide to go back to Japan rather than being forced to leave.

Our marriage is real but since we haven't been married for that long and we don't share personal things, I don't really have evidences.

I have mails with our names, affidavids from friends, in-lows, husband and councelor.

I can take pictures of the dog we bought together and the house which has both of our stuff everywhere.

Do you think those are enough?

Thank you all for taking your time. I will check and update this post later

[Kathryn41 3,205]

Moved from K-3 forum

[Rings 10]

You can file to adjust your status if you are divorced, but they will require the divorce decree so you will have to file for the divorce and wait for it to be final. You will also have to gather as much evidence of your marriage that you can. If you can get copies of the lease or other forms of shared assets (things in both of your names) then it will prove you entered the relationship in good faith and without intention of coming here for a green card. Once you file for divorce, you do not need to wait until your conditional green card expires to file AOS. File right away as soon as your divorce is final.

[CountryBoy 0]

You can file to adjust your status if you are divorced, but they will require the divorce decree so you will have to file for the divorce and wait for it to be final. You will also have to gather as much evidence of your marriage that you can. If you can get copies of the lease or other forms of shared assets (things in both of your names) then it will prove you entered the relationship in good faith and without intention of coming here for a green card. Once you file for divorce, you do not need to wait until your conditional green card expires to file AOS. File right away as soon as your divorce is final.

It's late and I could very easily be confused due to lack of sleep BUT ..

She said in her post that she got her conditional green card in August of this year; so that means she has already filed AOS .. she cannot file to remove conditions until 90 days before her green card expires and that will be May of 2011. The rest of the advice about collecting evidence sounds right though.

I believe that the answer she was looking for is, yes .. you can stay at least until your green card expires at the very least.

[Rings 10]

You can file to adjust your status if you are divorced, but they will require the divorce decree so you will have to file for the divorce and wait for it to be final. You will also have to gather as much evidence of your marriage that you can. If you can get copies of the lease or other forms of shared assets (things in both of your names) then it will prove you entered the relationship in good faith and without intention of coming here for a green card. Once you file for divorce, you do not need to wait until your conditional green card expires to file AOS. File right away as soon as your divorce is final.

It's late and I could very easily be confused due to lack of sleep BUT ..

She said in her post that she got her conditional green card in August of this year; so that means she has already filed AOS .. she cannot file to remove conditions until 90 days before her green card expires and that will be May of 2011. The rest of the advice about collecting evidence sounds right though.

I believe that the answer she was looking for is, yes .. you can stay at least until your green card expires at the very least.

A conditional greencard is a 2 year greencard based on being married, she cannot file AOS until her divorce is complete. ie: she needs to have an actual divorce decree (legal documentation) she may have adjusted her status, but she still needs to remove the conditions of that status (ie: her 2 year to her 10 year greencard) If she files for divorce and the divorce goes through, she can immediately file to remove conditions prior to the 90 day requirement of married couples. She should file immediaely after her divorce decree is in hand despite that 90 day requirement of married couples.

[CountryBoy 0]

You can file to adjust your status if you are divorced, but they will require the divorce decree so you will have to file for the divorce and wait for it to be final. You will also have to gather as much evidence of your marriage that you can. If you can get copies of the lease or other forms of shared assets (things in both of your names) then it will prove you entered the relationship in good faith and without intention of coming here for a green card. Once you file for divorce, you do not need to wait until your conditional green card expires to file AOS. File right away as soon as your divorce is final.

It's late and I could very easily be confused due to lack of sleep BUT ..

She said in her post that she got her conditional green card in August of this year; so that means she has already filed AOS .. she cannot file to remove conditions until 90 days before her green card expires and that will be May of 2011. The rest of the advice about collecting evidence sounds right though.

I believe that the answer she was looking for is, yes .. you can stay at least until your green card expires at the very least.

A conditional greencard is a 2 year greencard based on being married, she cannot file AOS until her divorce is complete. ie: she needs to have an actual divorce decree (legal documentation) she may have adjusted her status, but she still needs to remove the conditions of that status (ie: her 2 year to her 10 year greencard) If she files for divorce and the divorce goes through, she can immediately file to remove conditions prior to the 90 day requirement of married couples. She should file immediaely after her divorce decree is in hand despite that 90 day requirement of married couples.

Thanks for clearing that up ..

[candelari 0]

Just a small suggestion: You will need a lot more evidence than what you have listed above. I don't see any financial risk sharing in there. Also your spouse needs to either file for jointly and more likely you will be called for an interview or you can try by yourself....

[Ume 0]

Thank you all for your reply.

We do not have joint credit card since we don't share our income. We decided who pays what and how much each pay.

I moved in to his appartment so I did not get to sign up for lease.

Do you guys have any idea what could be evidence other than what's been listed here?

Thanks

[redglasses 1]

Wedding photos

Joint bank statements

Joint tax returns (if any)

Utility bills

Do you still keep the receipt of the dog you two bought together? It can be an evidence as well.

It's kinda hard to collect evidence of "marriage in good faith" when you don't share finance and the marriage is over in half a year or so.

If the cause of divorce is infidelity or something that sort of your husband, you can provide the evidence of the cause for the condition lifting.

[Ume 0]

I have e-mails that we sent and received from breeder that have both our names. We have a e-mail address we share.

Wedding pictures will be what we brought to AOS interview, and I have a copy of check payable to both of us.

We are still working on getting counselor so if we stay married for long enough, there will be a joint tax return.

Do you think those are enough?

Is there anyone who did go to the interview for filing waiver for joint filing?

When and where did you go and what did they ask you?

Thanks

[redglasses 1]

I think lots of folks in the "Effects of Major Family Changes on Immigration Benefits" will be able to help you.

http://www.visajourney.com/forums/index.php?showforum=127