separated but not divorced yet

[azoupime 1]

Hello everyone,

I had posted already asking for help and advices.

My Usc husband and I are separated since last month, I am a conditional gc holder wich will expire in may 2011.

I am moving to Florida next month to be with family members ( they come from Haiti after the earthquake ).I understand that I will have to file ROC with a waiver, my husband is agreed to sign an affidavit to explain that our marriage was genuine and why we are getting a divorce.

My question is can he sign it when I move to florida and while we are separated or should I wait until I apply for Roc?

Thanks

[igomo 0]

Hire an attorney to help you with the waiver. The affidavit is probably a bad idea. Evidence the marriage was entered in good faith and that it was real is what matters.

[Mestis 1]

Hire an attorney to help you with the waiver. The affidavit is probably a bad idea. Evidence the marriage was entered in good faith and that it was real is what matters.

I wouldn't say the affidavit is a bad idea. It can not hurt. But will definitly need more than that.

[triniredbone 0]

Hello everyone,

I had posted already asking for help and advices.

My Usc husband and I are separated since last month, I am a conditional gc holder wich will expire in may 2011.

I am moving to Florida next month to be with family members ( they come from Haiti after the earthquake ).I understand that I will have to file ROC with a waiver, my husband is agreed to sign an affidavit to explain that our marriage was genuine and why we are getting a divorce.

My question is can he sign it when I move to florida and while we are separated or should I wait until I apply for Roc?

Thanks

Hi there,

I am in the same position as you...My conditional gc expires February 2011 and my USC husband and I separated last May, ive been living on my own since and going thru a one year separation, i file for divorce this May in order to be eligible for a waiver to file ROC. If you and your husband remain amicableand will not get divorced before you file ROC, BEST to can file jointly .If you can get divorce and get the divorce decree in time to file ROC, YOU CAN FILE SEPARATELY.you must provide evidence that the marriage was geniune by providing ban statements, bills, pictures as well of affidavit from people who knew you wuhile you were married.

You need like 3 people to sign affidavits who knew you and could acknowledge that you were indeed married. You can remove coonditions 3 ways:

Jointly- wth your husband

Separate- by yourself (a divorce decree is needed to be eligible for the waiver)

Separate- based on cruelty,abuse etc..

Hope this helps

[thongd4me 69]

Hello everyone,

I had posted already asking for help and advices.

My Usc husband and I are separated since last month, I am a conditional gc holder wich will expire in may 2011.

I am moving to Florida next month to be with family members ( they come from Haiti after the earthquake ).I understand that I will have to file ROC with a waiver, my husband is agreed to sign an affidavit to explain that our marriage was genuine and why we are getting a divorce.

My question is can he sign it when I move to florida and while we are separated or should I wait until I apply for Roc?

Thanks

The affidavit is a GOOD idea. Get it NOW because you are not divorced yet.

Since you are separated (as I was), there may be some rough road down

the line between now and when you are free to marry again, so I suggest

that he print out a text of a statement that you can both agree on, take it

to his bank then next time he has to go there and get it dated & notorized there.

This way there will be something on record well before your conditional GC expires.

If he made the statement a few weeks before it expired, I don't know if that would

be better or worse, but the point is that once he makes the statement he can't go

back on it. If he hasn't made it yet he CAN go back on the intention to make it, or change

the story to make you out to be the bad guy.

[Filipinawife0210 15]

You may want to check on this a little more...I just read this in the FAQ section.

If the marriage is terminated by divorce before the couple apply to adjust to permanent resident status, the beneficiary and any derivative beneficiary (K-2) will not be eligible for permanent resident status through the former marital relationship. The USCIS requirement for an alien that entered on a K-1 visa is that marriage be concluded to the original petitioner within 90 days and that adjustment of status is possible only through the initial petitioner.

The way I read it is that if the marriage ends within the conditional status period, on a K-visa, that the alien is ineleigible to adjust status......or remove the conditions of the visa.....

[thongd4me 69]

- filling it in makes your specific case clearer to those who would offer help.

[yohino 22]

You may want to check on this a little more...I just read this in the FAQ section.

If the marriage is terminated by divorce before the couple apply to adjust to permanent resident status, the beneficiary and any derivative beneficiary (K-2) will not be eligible for permanent resident status through the former marital relationship. The USCIS requirement for an alien that entered on a K-1 visa is that marriage be concluded to the original petitioner within 90 days and that adjustment of status is possible only through the initial petitioner.

The way I read it is that if the marriage ends within the conditional status period, on a K-visa, that the alien is ineleigible to adjust status......or remove the conditions of the visa.....

What this statement means is that if you come on a K-1, get married and then a divorce before AOS (before getting your GC) you can not apply for AOS any other way. The OP already has a GC, so this doesn't apply.

[Azale 0]

I was in a similar situaton and the interview was really accented on what happened to the marriage - So for the interview affidavits can help, one from your husand, from his Family members and what not along with anything else that proved you lived together and were married (bills under both names, joint bank account papers, lease or house under both names, important purchases, insurrance, tax filed jointly).

I was not able to send the affidavit from my ex-husband when filing for 1-751. But really, My lawyer said that sometimes it is better to not send all these proves along with your I-751 and keep some new material for the intervew, because basically, once you are called for interview means that they need you to clarify and bring more proves of bonafide marriage and why the marriage fell apart.

Good Luck.

[irakro97 0]

Hi to All,

My situation seems similar to some of the comments here with complicated issues but lets briefly explain

I arrived in the US on K-1 visa then obtained my Green card and SSN.

i believe I am on conditional permanent residency here, my first question is do i have to wait until the last 3 months of my green card expiration date to apply for the condition to be removed ?

Also the situation gets weird as my field of work is semiconductor and i can't find a job in that field in the state where you are now and my wife does not want to talk about my work suggesting that I give up on my career and work for Starbucks (coffee shop)- she argues with me all the time...

I feel trapped - being forced to give up a career I love - thinking about the downside of such decision, hunt me at night

being trapped into this conditional green card is sad ... well too much

Anyone has an idea on what i can do legally ? i cant afford a lawyer as I am not working and she does not give me any money...

Thanks

[DanielParul 50]

You may want to check on this a little more...I just read this in the FAQ section.

If the marriage is terminated by divorce before the couple apply to adjust to permanent resident status, the beneficiary and any derivative beneficiary (K-2) will not be eligible for permanent resident status through the former marital relationship. The USCIS requirement for an alien that entered on a K-1 visa is that marriage be concluded to the original petitioner within 90 days and that adjustment of status is possible only through the initial petitioner.

The way I read it is that if the marriage ends within the conditional status period, on a K-visa, that the alien is ineleigible to adjust status......or remove the conditions of the visa.....

Is absolutely incorrect.