i-751 Filing information

[Dylandog 0]

Hi everybody,

hope someone can help me out with this.

I'm not new of this forum.. but it's the first time I post a thread. So, please, let me start from the beginning of my story.

I'm European and I met my american wife in Europe in 2006 (we both were living there back then.)

In 2007 we started living together (always in Europe) and at the end of 2007 we got married in the US. After the wedding we went back to Europe to continue our life there.

At the end of 2008 we moved from Europe to the US and I got my conditional GC for 2 years in May 2008.

Sadly after few months things didn't work out between us, so we kept living together until the end of 2008 even being unofficially separated.

We both moved out and rented two separate places. I rented a place under my name, she rented an apartment with her girlfriend (with both their names on the lease.)

We stayed and still are in good relationship even having living a separate life, and we are waiting to file the removal condition for my GC.

So, now I have to start with the questions.

Since the marriage was in good faith, we do have a lot of proofs. First of all, we moved here after over 2 years being together (1 being officially married). We do have the 2009 lease with both our names on it, a joint bank account a credit card (from 2009 to present), mobile phones (from 2009 to present), health insurance (from 2009 to present), tax return (from 2009 to present), bills from the apartment we had in 2009 and lots of pictures, postcards, letters etc. with both our names. Stupid question about the pictures.. once I will have to file them as proof, since they are digital, do I have to print them or do I have to put them in a CD-ROM?

Anyway.. last year (2010) she was really upset and we didn't think and do things right.. I mean, we didn't think about the GC stuffs since we were more focussed of talking and fighting so we might have done something wrong.. Like.. in 2010 we didn't use our joint credit cards but we start using our own credit cards, we didn't make a lease with both names, we used only a little bit our joint bank account for small operations and we don't have bills together. Also, the address they have at the immigration is mine, as well as it's the address for our joint bank account. The health insurance, tax return has her address..

Ok, I'm stupid, I know.. but as I said we weren't think about the GC but about our marriage!

Now, since one month (my intention is to file the I-751 in April 2011) I talked to her and we are trying to fix the things up. Like renting a place with both our names on the lease (I'm about to renew mine and I'll put her name as well), put both names on the bills, using our joint bank account to pay phones, bills, grocery, presents, restaurants etc.

The problem is that she's still using her bank account for her money (paycheck, payments, etc.) and we are not going to use our joint CC (since we both have our others own cards). Also, I don't really think she will change the address for the tax return (maybe we can do that) and the health insurance..

So, my idea is that for the USCIS it'll seem (and actually it is..) that we get some documents here and some there.. that I'm using the joint bank account (depositing my paychecks) and she's not etc. Weird, not??

Also, I've seen on the instruction file for the I-751 form, provided by the USCIS the documentation the couple has to file. I've got scared!!!!!!! We can meet everything, but there is point #5 that says we need a statement from at least 2 people who know us and they have to say we are married, we are living together etc.. I'm not going to find those 2 people.. Everybody I know knows the situation.. so, my question is.. Is this statement mandatory???

Ok, I apologize for the long post, but I've tried to clear all the points.

What do you think? Am I going to have problems filing the form jointly? Should I get divorce so to file the form alone?

Thank you for your help and answers.

[milimelo 4,486]

Moving to Removal of Conditions forum.

[Dylandog 0]

Thanks..

Sorry I didn't know was the wrong section.

[Brother Hesekiel 2,236]

Dylan,

if they drop you off in a forest, blindfolded, you'll be lost, even if you know it's not a big forest.

That's where you are right now.

There are 2 ways to get the ROC done:

1) JOINTLY: you are still happily married and have been living together with your spouse

2) SEPARATELY: you are separated or divorced.

Since you are separated, there is no merit in trying to "create" evidence showing that this isn't the case. Aside from being fraudulent, imagine you guys are called to an interview and your wife realizes that this is the time to ask for a $50,000 reward.

Hence, plan on filing separately. For this, you have to show that you ENTERED the marriage in good faith. That shouldn't be a problem, since you guys lived in Italy together, so you surely didn't get married in order to immigrate to the US, from a VWP country no less.

I suggest you get divorced, collect documents, and enclose a letter telling your story.

Since time is not your friend, getting divorced is important now.

[Dylandog 0]

Thank you for you reply Bob.

I see your point but:

1) I'm 100% sure my wife won't ask me for money

2) I'm really really scared to file as divorced, since everybody's telling me that the uscis will deny my 10 years GC.

I mean.. yes, I can totally prove that the marriage is in good faith for the reason you said (we've been living in Italy before moving here etc.) but, since my GC has been given to me because married with an american citizen, once I'm divorce I don't see the right and the reason why they should give me another GC for 10 years.. Mine it's a logical process.. then we all know this country is... can I say weird?

[ceciliaottawa 0]

Hi Dylandog,

I am just curious, if I may ask, what did you end up doing? Did you filed jointly or divorced and filed separatedly? How did it go?