I-751 and divorce

[Patsy and John 0]

We will have been married for 2 years on the 1st March 2010. My 2 yr Perm Res expires on Dec 10th 2010. She walked out last April, so we will have been separated for 12 months this April, although we stay in touch and still have shared issues in common. The marriage is strained and all but over and I need to know which way to turn (I am the immigrant, she is the USC). I believe that, if I file for divorce (uncontested) after our 2nd anniversary, I can apply to waiver a joint application for removal of conditions, ONCE I have the divorce papers.

The marriage WAS entered into in "good faith" and we have all the necessary info to substantiate that and my wife has agreed to attend an interview if requested to do so.

So, we can behave as if we're still a married couple going through a bad patch and file jointly in time for Dec 10th deadline. (as long as she doesn't change her mind later). Or, I could try discussing a divorce and getting it done asap and then freely apply to remove conditions on my own.

I bought our home back in May 2007 and put her name on the deeds and she was paying me half the house value as a monthly mortgage agreement - but not any more! I would like to get all this over with asap but I am worried that I may have problems getting my 10 year Res card/conditions removed.

Although I came here to spend the rest of my life with the woman I loved, I now find myself happy to live my new life here. I burned all my bridges back in England as a show of good faith and committment and could not sell my home in a time of my choosing, the way things are.

Can anyone suggest the best way of going about going through removing conditions with the least risk, speedily and quietly?

Do I wait until Sept 10th, or go for the divorce now?

Edited February 24, 2010 by Patsy and John

[Brother Hesekiel 2,236]

1) Plan B.

2) Divorce asap.

3) Wait with the I-751 until the 90-day deadline has passed (a gray zone).

Given your documentation, I don't see any problems for you to file the ROC successfully, despite the rather short 4-month time frame.

[Patsy and John 0]

1) Plan B.

2) Divorce asap.

3) Wait with the I-751 until the 90-day deadline has passed (a gray zone).

Given your documentation, I don't see any problems for you to file the ROC successfully, despite the rather short 4-month time frame.

Plan B??? I never mentioned a Plan B!! I take it that you mean the 2nd option?.. IE. Getting a divorce and filing on my own?

Why wait until the I-751 deadline has passed? (90 day window Sept 10th - Dec 10th). Once divorced, I can apply right away (asap) to have conditions removed.

What do you mean by "grey zone"? Are you implying I should prolong the process by taking my time with all this and applying LATE? I would have to give a good, honest reason why when the USCIS ask me to leave the USA!

What do you mean by "the rather short 4-month time frame"? As I stated, we were married on 1st March, TWO years ago (2008). My 2 yr Res card commenced on 10 Dec 2008.

Has anyone had first hand experience of my situation? Does anyone know for sure, the best route I should take? I feel I'm on solid ground to get a divorce (as long as my spouse cooperates - which is not garaunteed) and file for a waiver of joint application for R of C and file myself. I genuinely DID marry in "good faith" and have already proved that over the past five years, since we forst met. So, I feel I would have no problem proving that and that is the only real issue, isn't it?

Initially, I was considering "staying married" and filing jointly in the hope that we wouldn't be asked to attend an interview. THEN get a divorce and move on, assuming I'd get my 10 year Perm Res card.

Am I correct in assuming that having been married for two years is a necessary requirement for USCIS to prove a bona fide marriage?

IRS: Married, filing separately worked best for us (and I'm sure for a lot of couples), so is there any point in getting tax transcripts (evidence of cohabiting) for I-751/ROC?

Thanks to anyone who can help me.

Edited February 25, 2010 by Patsy and John

[Lona.C. 16]

i think what bob is trying to tell you in simple words he dont see a problem of not getting aproved once you got the divorce cert ,

even with a short 4 month timeframe of marriage after you recieved the GC ,

Edited February 25, 2010 by Lona.C.

[milimelo 4,558]

For married filing separately, if you have the same address on both papers then get the transcripts. Otherwise, you'll have to explain different addresses.

[Patsy and John 0]

For married filing separately, if you have the same address on both papers then get the transcripts. Otherwise, you'll have to explain different addresses.

Thanks, millimelo, for the tax input. We have the same addresses.

Lona: YOU may be saying in in "simple words" but Bob was not, hence my repeat posted questions, especially about the "4 month" issue that you too have wrongly used.

I repeat... What is this "4 month" time-frame you both mention? Maybe you're trying to say we were only married for 4 months before she walked out?

Anyway, none of these unexplainable comments answers my original questions.

Thanks for trying.

John

PS. Maybe it would help clarify and correct things if I state the following. (Same info but re-stated)

1) Married 1st March 2008.

2) GC received 10th Dec 2008

3) Walk out 1st April 2009

Therefore we were married and living together 13 months.

Second WEDDING anniversary 1st March 2010.

April 1st 2010 = one year since her desertion/walk out.

I hope this help to identify my status and histiry better?

Edited February 25, 2010 by Patsy and John

[Lona.C. 16]

Thanks, millimelo, for the tax input. We have the same addresses.

Lona: YOU may be saying in in "simple words" but Bob was not, hence my repeat posted questions, especially about the "4 month" issue that you too have wrongly used.

I repeat... What is this "4 month" time-frame you both mention? Maybe you're trying to say we were only married for 4 months before she walked out?

Anyway, none of these unexplainable comments answers my original questions.

Thanks for trying.

John

PS. Maybe it would help clarify and correct things if I state the following. (Same info but re-stated)

1) Married 1st March 2008.

2) GC received 10th Dec 2008

3) Walk out 1st April 2009

Therefore we were married and living together 13 months.

Second WEDDING anniversary 1st March 2010.

April 1st 2010 = one year since her desertion/walk out.

I hope this help to identify my status and histiry better?

the 4 month was calculated ( before you posted your history) from GC recieved till your wife ( sad to say walked out )

therefor 4 month short timeframe

I was just trying to make bobs words simple to read ,

not that the 4 month makes a differance ,

as long as you have enough effidance and divorce cert you can file anytime even before the 90 day ,

[rnqueen 0]

Thanks, millimelo, for the tax input. We have the same addresses.

Lona: YOU may be saying in in "simple words" but Bob was not, hence my repeat posted questions, especially about the "4 month" issue that you too have wrongly used.

I repeat... What is this "4 month" time-frame you both mention? Maybe you're trying to say we were only married for 4 months before she walked out?

Anyway, none of these unexplainable comments answers my original questions.

Thanks for trying.

John

PS. Maybe it would help clarify and correct things if I state the following. (Same info but re-stated)

1) Married 1st March 2008.

2) GC received 10th Dec 2008

3) Walk out 1st April 2009

Therefore we were married and living together 13 months.

Second WEDDING anniversary 1st March 2010.

April 1st 2010 = one year since her desertion/walk out.

I hope this help to identify my status and histiry better?

[/quo

TRY TO WORK IT OUT AND FILE JOINT, BECASUE THE FACT THAT THE MARRIAGE LASTED 4 MONTHS DOES NOT LOOK GOOD AT ALL....YOU MAY HAVE A HARD TIME TRYING TO PROVE TO IMMIGRATION THATS IT WAS NOT FRADULANT...BY THE WAY DID U GUYS FILE JOINT TAXES SINCE U HAVE BEEN MARRIED?

[Patsy and John 0]

the 4 month was calculated ( before you posted your history) from GC recieved till your wife ( sad to say walked out )

therefor 4 month short timeframe

I was just trying to make bobs words simple to read ,

not that the 4 month makes a differance ,

as long as you have enough effidance and divorce cert you can file anytime even before the 90 day ,

Filing jointly would take at least a year, possibly 18 months - 2 years!

Once again, I will say WE WERE MARRIED AND LIVING TOGETHER FOR 13 MONTHS before she left. From 1st March 2008 until the 1st April 2009.

Also, I had been living with her for 2-3 months each time I came to Ga (4 times since 2005). So the "relationship" took 4 years to fail. Even the remaining 9 months of last year - when we were living separately - we went out together and she stayed over at our marital home. The final break came at the end of 2009.

I don't understand why "4 months" is relevant! It's well known that wedding and AOS/GC dates are not considered the same and MY wedding took place 9.5 months BEFORE I got my GC.

As for the taxes: I already covered that - we filed "Married filing separately" from the same address.

So the way i see it is thus:

April 2005: began relationship and visited Patsy 4 times living as man and wife (I know it doesn't count as marriage but it's hardly the way someone would go about fraudulantly "buying his way" into living in the USA!)

Married for two years next Monday 1st. We were not legally separated so, as far as the USCIS are concerned we are still married UNTIL we get a divorce. (NB! Bank accts, mail, insurances etc are still shared and in joint names until then.)

An uncontested divorce can take as little as one month and I can then apply for RoC without her, almost immediately - 4-5 months earlier than a joint application, which would have to be on Sept 10 at the earliest.

My areas of doubt are: Is it beneficial for me to have been married for 2 years? (To disagree with your "4month marriage")

Is there an accepted time limit, or realistic/approved length of time to be married that satisfies the USCIS?

Is there a time scale to be separated for the Ga divorce court to accept "irreconcilable differences" and an uncontested divorce? (I could claim 12 months)

I'm inclined to take the shorter route and file for divorce, leaving less time for anything further to go wrong and to disentagle our lives and pretending just to conform to "rules". We both married in "good faith" and, not only proved it when we finally got married after 3 years of dating, traveling, planning and buying a home, we can still show that to be the case. I certainly would not have wasted 5 years (and more) of my ever decreasing retirement years to come to live in a country I'd never ever been to.

[rnqueen 0]

Filing jointly would take at least a year, possibly 18 months - 2 years!

Once again, I will say WE WERE MARRIED AND LIVING TOGETHER FOR 13 MONTHS before she left. From 1st March 2008 until the 1st April 2009.

Also, I had been living with her for 2-3 months each time I came to Ga (4 times since 2005). So the "relationship" took 4 years to fail. Even the remaining 9 months of last year - when we were living separately - we went out together and she stayed over at our marital home. The final break came at the end of 2009.

I don't understand why "4 months" is relevant! It's well known that wedding and AOS/GC dates are not considered the same and MY wedding took place 9.5 months BEFORE I got my GC.

As for the taxes: I already covered that - we filed "Married filing separately" from the same address.

So the way i see it is thus:

April 2005: began relationship and visited Patsy 4 times living as man and wife (I know it doesn't count as marriage but it's hardly the way someone would go about fraudulantly "buying his way" into living in the USA!)

Married for two years next Monday 1st. We were not legally separated so, as far as the USCIS are concerned we are still married UNTIL we get a divorce. (NB! Bank accts, mail, insurances etc are still shared and in joint names until then.)

An uncontested divorce can take as little as one month and I can then apply for RoC without her, almost immediately - 4-5 months earlier than a joint application, which would have to be on Sept 10 at the earliest.

My areas of doubt are: Is it beneficial for me to have been married for 2 years? (To disagree with your "4month marriage")

Is there an accepted time limit, or realistic/approved length of time to be married that satisfies the USCIS?

Is there a time scale to be separated for the Ga divorce court to accept "irreconcilable differences" and an uncontested divorce? (I could claim 12 months)

I'm inclined to take the shorter route and file for divorce, leaving less time for anything further to go wrong and to disentagle our lives and pretending just to conform to "rules". We both married in "good faith" and, not only proved it when we finally got married after 3 years of dating, traveling, planning and buying a home, we can still show that to be the case. I certainly would not have wasted 5 years (and more) of my ever decreasing retirement years to come to live in a country I'd never ever been to.

IT DOESNT MATTER HOW LONG YOU Dated OR WERE MARRIED THEY COUNT FROMT HE TIME U RECEIVED UR GREENCARD TILL THE TIME YOU MOVED OUT WHICH WAS 4 MONTHS..IT JUST SMELLS BAD....BUT IF YOU GET A GOOD LAWYER THINGS WILL PROBABLY WORK OUT...BUT ODNT TRY TO DO IT ON YOUR OWN...CONSULT A LAWYER~~~