I-751 Upcoming But Things Have Taken A Turn For The Worse

[inneedofhelp 1]

Hello fellow members,

I would just like to say in advance thankyou to anyone that helps me/answers questions about my current topic. Greatly appreciated.

Ok so my username says it all. Been married to my Ameican wife for just over 2 years now but very recently things have gone very wrong within our marraige. We are currently living apart as of now to give eachother time and space, although i think that wont do much good, i did suggest we get professional help but that was thrown out the window straight away.

I will get straight to the point. My 2 year green card runs out very soon and and we needed to file I-751 in the month of july. I really dont know if my marraige would still be the way it is or if it will be on the mend but im looking for some advice on the matter. If she is willing to co-operate and help me with all the paperwork and the interview then happy days. But if she doesnt want anything to do with it that means i will have to do it all on my own. I know at the time of filing i will not be divorced because in Illinois you need to be seperated or legally seperated for 6 months in order to even get divorced.

Basically im panicing a little bit because i dont know how this will pan out up until the filing date. What are the chances of me getting my 10 year greencard if we are seperated and not living together? She is the one that suggested we give eachother space and time, although there is another twist to the story but i dont feel good talking about that right now. Also i do have a pending DUI. I am still goin gto court each month, my attorney keeps forwarding the date to see if the cop doesnt show up or he retires or something like that. Basically hes trying to get me out of the whole thing, but im not that confident he will manage that. So how much will this DUI put my chances at risk along with me and my wife not living together as of right now. I know its a complete mess. Will they refuse my 10 year greencard because i have a DUI and that me and my wife are going throguh this bad spell right now??? Do any of you feel i need to appoint an attorney? How soon do i need to start processing the material i need in order to do the I-751?

Please if anyone can help point me in the right direction, answer some of my questions and concerns, i would really really appreciate it. My head feels like its in a tumble drier right now, im very stressed and emotionally crushed, i need answers and i need help.

Thankyou for your time.

[simel1110 4]

I'd honestly try to work things out with your wife, not only because your status, but because it's a marriage. I have strong views about that, sorry. I'm sorry she and you are having trouble right now but it sounds like your immediate issues are a bit complicated. I'd be a mess too, and I hope you get this all sorted.

I don't really know what to tell you other than if it were me I'd be seeking legal advice. If you're separate and take up a new address aren't you supposed to report that to the USCIS?

I'd suggest marriage counseling again and hope she complies. I don't know what the implications are of a DUI on a background check. My husband had a mark on his record for stealing a excise license from a vehicle in 1988 and we had to file a I-601 during our AOS.

I know that you have to prove the marriage was entered in good faith. What kind of evidence do you have and I'd use that as a starting point because you'll need it in either scenario.

I thought though that in order to qualify for a waiver you had to actually be divorced?

Do you want to stay in the US if your marriage ends? If not then it sounds like it all could come to a head and you could make a clean break.

If not, is she willing to help you with the I-751? Would she be willing to go to an interview if need be?

Edited May 26, 2011 by simel1110

[simel1110 4]

And maybe the idea that you will be gone for good if you leave the US and no chance of repairing it because it's awfully final when you think of that way, will make her realize it's more than just being separated and wishy washy about it.

And just thinking out loud here, maybe the USCIS is onto something when they grant a 2 year conditional card. It seems so many people who marry hit a weird spot 2-4 years into a marriage. I'm not talking about just green card holders, but even my friends who are Americans have trouble during these years.

Edited May 26, 2011 by simel1110