Removal of conditional green card after separate unofficially

[lynn2000 0]

My husband moved out last weekend without considering how I feel at all. He is living 200 yds away in the same neighborhood. Now we are separate (not official). He said he was going to divorce me, but I am not sure if he would take action right away. He is a person who keeps changing his mind about everything, back and forth. he said he was going to divorce me quite often, and this time I think he has made up his mind. So I have to prepare myself to be ready to apply for removal condition green card with waiver. I can't allow myself to count on him for he put me in such a miserable situation. I have lots of concerns. The proofs I could provide for the good faith in our marriage are:

1. joint bank account

2. joint lease 2008-2009 (no joint lease 2009-2010, since we lived in another city in 2008-2009,he moved back earlier than me in 2009 while I was still attending school in that city. So for the place we lived together in this town, only his name is on the lease. But I have driver license with this address)

3. some utility bills, phone bills with both of our names for both places we lived together

4. my student loan with him as co-signer

5. joint tax return for 2008 (not sure if it is necessary to do it for 2009)

6. joint auto-insurance policy 2009-2010 (since I acquired my driver license till next month, which is half a year)

7. medical surgery registration with his signature (not sure if I could request a copy of that from hospital)

So , my questions are, in this situation (separate unofficially):

1. If he won't divorce me till I got my removal conditional green card approved, can I apply for removal condition green card jointly with him?

2. If he divorced me before the time I could apply for ROC (actually, I have no idea when he will proceed to divorce me), should I try to get more proofs for the good faith in this marriage?

a. Joint tax return for 2009

Yesterday, he said he wanted to do tax return together since he owed lots of tax so he wanted to take advantage of my education tax return. Is it necessary to do joint tax return? Actually, I am very financially tight, only have a part time job, no vehicle, still need to pay off the loan, I need that education tax refund.

b. Joint lease

I am still staying in the place we lived together, I am thinking of keeping staying here, coz I am not familiar with this town, I don’t have a vehicle yet, and I might leave this town later this year. The lease will expire at the end of this month. So I am thinking of renewing the lease and adding my name onto it, then I could avoid activating fee and have a joint release.

c. Joint auto insurance

Since I am living in a town where you can’t survive without vehicle, before I am able to purchase a vehicle, I need to use his vehicle once or twice a week (lucky that I do my part time job from home ), and the auto insurance policy period will expire at the beginning of next month. I am not sure if I should talk to him to still put me on the policy as insured or as driver or not cover me at all.

For the above a, b, c points, I am not sure if it is necessary, or if it would help with my future case, or it would be taken as fraud?

I have lots of worries and feel extremely hurt. Since he stepped out of this apartment, I really wish I could have nothing to do with him, coz it really hurts. He convinced me to move to this country, convinced me to move to this small town then he left me without mercy before I could stand on my own feet. I am having so many concerns, really need advice about this issue, I wonder if the proofs I am having are enough though I am aware the more the better, do I have to seek more as mentioned in above a ,b, c points? . Thank you.

[v333k 59]

Sorry to hear about your husband.

My husband moved out last weekend without considering how I feel at all. He is living 200 yds away in the same neighborhood. Now we are separate (not official). He said he was going to divorce me, but I am not sure if he would take action right away. He is a person who keeps changing his mind about everything, back and forth. he said he was going to divorce me quite often, and this time I think he has made up his mind. So I have to prepare myself to be ready to apply for removal condition green card with waiver. I can't allow myself to count on him for he put me in such a miserable situation. I have lots of concerns. The proofs I could provide for the good faith in our marriage are:

1. joint bank account

2. joint lease 2008-2009 (no joint lease 2009-2010, since we lived in another city in 2008-2009,he moved back earlier than me in 2009 while I was still attending school in that city. So for the place we lived together in this town, only his name is on the lease. But I have driver license with this address)

3. some utility bills, phone bills with both of our names for both places we lived together

4. my student loan with him as co-signer

5. joint tax return for 2008 (not sure if it is necessary to do it for 2009)

6. joint auto-insurance policy 2009-2010 (since I acquired my driver license till next month, which is half a year)

7. medical surgery registration with his signature (not sure if I could request a copy of that from hospital)

The list of evidence you listed is good.

So , my questions are, in this situation (separate unofficially):

1. If he won't divorce me till I got my removal conditional green card approved, can I apply for removal condition green card jointly with him?

Yes, as long as you are married and have not started divorce procedures, you need to apply with him jointly because unofficial is not a legal concept. You are either married or not. If you have been abused, then you can check that box but you need to provide evidence to support the abuse claims, but it doesn't sound like your situation.

2. If he divorced me before the time I could apply for ROC (actually, I have no idea when he will proceed to divorce me), should I try to get more proofs for the good faith in this marriage?

YES, YES YES, any evidence to help you establish a good-faith marriage is good.

a. Joint tax return for 2009

Yesterday, he said he wanted to do tax return together since he owed lots of tax so he wanted to take advantage of my education tax return. Is it necessary to do joint tax return? Actually, I am very financially tight, only have a part time job, no vehicle, still need to pay off the loan, I need that education tax refund.

Not sure about this, but it is important to show that you are married filing jointly or married filing separate and show the same information for the address. However, either method, you will need to submit copies of both your returns.

b. Joint lease

I am still staying in the place we lived together, I am thinking of keeping staying here, coz I am not familiar with this town, I don’t have a vehicle yet, and I might leave this town later this year. The lease will expire at the end of this month. So I am thinking of renewing the lease and adding my name onto it, then I could avoid activating fee and have a joint release.

You need to send in evidence up to now, so if you don't have a joint lease for the next year, that is a different story.

c. Joint auto insurance

Since I am living in a town where you can’t survive without vehicle, before I am able to purchase a vehicle, I need to use his vehicle once or twice a week (lucky that I do my part time job from home ), and the auto insurance policy period will expire at the beginning of next month. I am not sure if I should talk to him to still put me on the policy as insured or as driver or not cover me at all.

If you are on the policy now, then use it as evidence.

For the above a, b, c points, I am not sure if it is necessary, or if it would help with my future case, or it would be taken as fraud?

I have lots of worries and feel extremely hurt. Since he stepped out of this apartment, I really wish I could have nothing to do with him, coz it really hurts. He convinced me to move to this country, convinced me to move to this small town then he left me without mercy before I could stand on my own feet. I am having so many concerns, really need advice about this issue, I wonder if the proofs I am having are enough though I am aware the more the better, do I have to seek more as mentioned in above a ,b, c points? . Thank you.

[lynn2000 0]

I read of an essay by an attorney about the new trend for ROC is the applicant and the spouse will be more likely asked for interview than before coz of the entire economy environment?? So I wonder if this means the applicants with waiver will more likely to be refused?? Very frustrated.

[lynn2000 0]

1. If he won't divorce me till I got my removal conditional green card approved, can I apply for removal condition green card jointly with him?[/b]

Yes, as long as you are married and have not started divorce procedures, you need to apply with him jointly because unofficial is not a legal concept. You are either married or not. If you have been abused, then you can check that box but you need to provide evidence to support the abuse claims, but it doesn't sound like your situation.

2. If he divorced me before the time I could apply for ROC (actually, I have no idea when he will proceed to divorce me), should I try to get more proofs for the good faith in this marriage?

YES, YES YES, any evidence to help you establish a good-faith marriage is good.

1.Stay in marriage but living seperately till the 9 months later, apply for ROC jointly , 2. or get divorce asap then apply for ROC with waiver, which has more chance to get approved? given the supporting materials are similar.

[3600rs 24]

We are not in the business of predicting approvals, hire a lawyer.

Edited March 8, 2010 by 3600rs

[lynn2000 0]

We are not in the business of predicting approvals, hire a lawyer.

Attorney doesnt predicting approvals either.

[3600rs 24]

Attorney doesnt predicting approvals either.

Lack of enough observation. Why do you think they don't? Have you hired one?

Your issues need a lawyer and not generalized advice from forums.

[Patsy and John 0]

Lack of enough observation. Why do you think they don't? Have you hired one?

Your issues need a lawyer and not generalized advice from forums.

3600rs - You need to go work with a lawyer and cease publishing your negative and agressive tones in forums that are here to help, advise and sometimes only offer support, NOT sarcastic jibes. Maybe you've been around too long and think you know too much to show patience to lesser mortals. Then again, maybe you are a lawyer touting for business?

Edited March 12, 2010 by Patsy and John

[lynn2000 0]

3600rs - You need to go work with a lawyer and cease publishing your negative and agressive tones in forums that are here to help, advise and sometimes only offer support, NOT sarcastic jibes. Maybe you've been around too long and think you know too much to show patience to lesser mortals. Then again, maybe you are a lawyer touting for business?

THANK YOU FOR YOUR SUPPORT! THAT IS WHAT PPL WHO ARE UNLUCKILY IN TROUBLE REALLY NEED.

[Brother Hesekiel 2,236]

I beg to disagree.

The "conditional" green card is based on the marriage of a foreigner to a US citizen (and investors). When the time comes to apply to having those conditions removed, the default assumption is that the marriage is still going strong and the couple is cohabiting. Hence, the joint petition and the proof of intermingled taxes, finances, and cohabitation.

If the couple is separated, officially or unofficially (I don't even know the difference), the marriage is not functional anymore. Filing jointly in such a case (because the USC wants to help their other half out to get the 10-year card) and pretending everything is still okay is fraud, plain and simple, and, if detected at any time, can have dire consequences.

The beneficiary thus would have to file the I-751 separately, for tactical reasons as late as possible, and start divorce proceedings as Uncle Sam doesn't recognize "still married but separated" as a martial status. The beneficiary will then get an RFE for the missing divorce decree and when she has that in her possession will submit it to USCIS who then can decide upon the case. If the divorce takes "too long" to finalize, she would have to step in front of an immigration judge and ask him/her to rest the case based upon USCIS's decision, which most likely will be granted.

It then comes down to her original I-751 application in which she has to show that she entered the marriage in good faith and not in order to gain immigration benefits. If she did that, she'll be granted the GC for life.

Edited March 12, 2010 by Just Bob

[lynn2000 0]

I think we are going to divorce soon, so does it make any sense for us to joing tax return 2009 together? I have been asking this question many times coz I really dont wanna talk to him anymore, I persuaded myself to talk to him to do it together, actually he wants to do that too, coz he wanted to take advantage of my education tax credit ,he owed lots of tax last year. But even in this situation, when I approaced him for this( actually,this is helping both of us) but he got angry namelessly"i dont wanna do tax today!!!!i dont wanna talk about it today. !!!!....." He sounded like a crappy loser. I really dont wanna take his attitude anymore,I have been suffereing this for more than 1 year. I am fed up with his attitude. Perhaps I shouldnt care too much about this green card, i should care more about how I feel. I should just go ahead to do what I am supposed to do all by myself. Provide the proofs I have, not bother myself to try to get more, of course the more the better, attorney advised so. I don't know with whom to talk about these, so if you can give me advice, I would appreciate it, if not, pls dont give harsh words.

[lynn2000 0]

If the couple is separated, officially or unofficially (I don't even know the difference), the marriage is not functional anymore. Filing jointly in such a case (because the USC wants to help their other half out to get the 10-year card) and pretending everything is still okay is fraud, plain and simple, and, if detected at any time, can have dire consequences.

Yes, I agree. The only condition which is acceptable is the person moves back after living outside for a while, but I dont think this will be our situation though I wish he could wake up, but he doesn't look like he will. I really feel sad and disappointed. I can't let it go coz I can't foget the good time we had and obviously, he is not the person I thought to be, he showed his true face after I moved to this country. I have devoted so much into this marriage......

Perhaps it is time to leave without turning my head back, throwing all of the fear, concern..... let it be.

[3600rs 24]

Hi:

Bob and Vkk: Great advice, the situation is all about timing, which can lead to good or bad conclusions. She has 2 major problems to deal with. One on the divorce side and the other on the waiver ROC side. Any ill will on the part of her now separated spouse can create obstacles, something that the OP may not be aware of. It is best for her to get a clean slate divorce and proceed for ROC on good faith ASAP without delay.

Lynn: I am not a lawyer, or a tout, or a businessman. Do not take my direct straightforward response as sarcasm. Your issue was answered well by VKK and Bob. And an experienced immigration/family lawyer in your local area will give you a stratagem depending on the specific of your case. Remember this is not a straight forward joint application anymore.

Patsy and John: Do not hide your inner ignorance and bitterness with that beautiful mask of being supportive. Anything to contribute other than ridicule and offering tissues to the crying? Guess not, your busy with Fish and Fries. Geeeez..I feed the horses and pigs find it difficult to swallow.

[Brother Hesekiel 2,236]

Lynn,

you can file your 2009 taxes separately, yet as married. Again, what counts is the "entered the marriage" part, not much else.