help please

[gwizz 0]

Hello All,

I've just signed for this forum and I need some information regarding my situation with my wife right now.

I'm a Conditional Permanent Resident(CPR) through marriage. I'm a Turkish citizen and I came to US in August 2004 as a student on F1 visa. I went to school for one year and did not go after that because of many stupid reasons. I believe I was out of status shortly after I quit going to school in 2005. I met my wife in September of 2007 and we were engaged shortly afterward at the end of October. We set a marriage date of May 10th. 10 days before May 10, 2008 I got picked by ICE at my workplace. I stayed in jail overnight and was released on $15000 bail the next day. I got married May 10th. We contacted an immigration lawyer and started going to Immigration Court and taking care of necessary steps to become a permanent resident. All of the process took long but went pretty smooth without any problems. On September 2, 2009 I got my Conditional Permanent Residency through Immigration Court. I'm supposed file some new paperwork to remove conditions on my permanent residency in June. However, my wife and I have been going through some difficult times recently and she insists that our marriage is over and I have not been able to change her mind for past 10 days or so. I called my lawyer today and he said that it could be bad because it might look like I got into marriage to gain citizenship but that's not the case. He said that if we ultimately end up getting a divorce he can't represent me because of conflict of interest. He did say that I would be able to try to prove in court that this was a marriage of good faith but it did not work. We have been living together since we got married but both of the houses we lived in was owned by her parents. we do have two cars under both of our names, joint bank account, car insurance, tax returns, cell phone service, utilities. I have absolutely no criminal record either. Can anybody tell me if I would have any chance of arguing my case and continue my citizenship proceedings without her ? I really wish to make everything work and be normal again but since I have no experience about this stuff I would like to get some information so I can be prepared in the unlikely event.

Thanks.

[Boiler 46,373]

I do not understand how you can be applying for Citizenship? You have not been a PR long enough.

I would have thought your Lawyers advice was spot on, certainly would be my assumption.

[gwizz 0]

I'm not applying for citizenship Boiler. I got Conditional Permanent Residency in September of 09. Conditions are supposed be removed September of 2011. So lawyer advised to file paperwork to remove conditions around june (90 days prior) But my wife wants divorce now and I don't know how that will affect the procedure. We got married based on good faith but it is just not working at the moment. I keep trying but she keeps telling me she wants divorce which means she won't sign the condition removal papers in June. So now how do I proceed?

Thanks.

I do not understand how you can be applying for Citizenship? You have not been a PR long enough.

I would have thought your Lawyers advice was spot on, certainly would be my assumption.

[Deputy Purple 1,294]

Just just need to prove that the Marriage was entered into in good faith. For this proof that you co-mingled your lives will work.

This includes things like:

1. Beneficiaries of each other's life insurance policies.

2. Joint property ownership, including bank accounts.

3. Listed on the same Auto Insurance/homeowners/renters Insurance policy.

4. Medical Insurance coverage with both listed.

5. Living at same address (copies of Driver's License/Mail addressed to both to prove).

6. Evidence of vacations together.

If you are divorced before filing to remove conditions you will file individually asking for the "Divorce Waiver".

[Haarp425 26]

You can file yourself. Part 2, on the form I-751, you would select "My conditional residence is based on my marriage to U.S. Citizen or permanent resident, I am unable to file a joint petition, and I request a waiver because (Check one)". Select d. "I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment.

So, basically if you can't get your wife to sign the joint petition to remove conditions, then you need to get started on filing for divorce.

[Deputy Purple 1,294]

So, basically if you can't get your wife to sign the joint petition to remove conditions, then you need to get started on filing for divorce.

Be careful in your wording, if the marriage is heading for divorce and his wife does sign the form it could be seen as immigration fraud as they both know where it's heading.

[gwizz 0]

Bob4Anna and Harp425, thank you both for your replies. Now, I do have plenty of evidence to show that our marriage was based on good faith.

I mean at the time when I went to court they tried to argue that I could be marrying to get a citizenship but we've successfully argued against that because evidence was overwhelming. I had maybe like a 2-3 minute I-130 interview and was approved.

My question is, would it hurt my case that I got picked up buy ICE 10 days prior to my wedding and had to get my Conditional Permanent Residency through court even though I have overwhelming evidence that this was a good faith marriage and have all sorts of documents and proofs ?

Even though I'm the only one to blame; this immigration journey has been very hard on both of us from the beginning. Now to think that I'll be dealing with even more procedures and possibly pay another lawyer god knows how much is just so overwhelming.

Thank you guys for your responses. I'm trying to be prepared a little bit before I see another lawyer in the future so they won't take me for a fool.

Be careful in your wording, if the marriage is heading for divorce and his wife does sign the form it could be seen as immigration fraud as they both know where it's heading.