3rd 10lb volume in immigration started

[Mike. 0]

Last time I've checked I had 2 huge folders in immigration with my name on it. Even Tolstoy would see himself as a short story writer if he'd seen that.

I've changed status 6 times and one of my layers is in jail for immigration fraud (although I haven't been without of status for a single day)

Ladies and gentlemen, I really need your advise.

So it happened - I've met the girl of my dreams and decided to tie the knot while I was on H1B. After about a year she became a US citizen and offered me to abandon my H1B path to greencard and pursue it through the marriage (so I can have some leverage at work).

2 years later she decides that a family is not her path and all she wants to do is dating, dancing and partying. Marriage counselling failed like Charlie Sheen a drug test so she rented an apartment, moved out and later moved out of state to the Big apple. We flew a few times to spend a weekend and it was back and forth.

4 month later she is tired of cold weather and comes back to the south... My house... its been 3 months since. I see her 3-4 times a week when she comes home. Has multiple boyfriends and ... I am trying not to go into private here, but she has no problem taking a picture of her "bodyparts" and send them with me driving the car or tell me a colorful DETAILED x-rated story of her recent life. I am not looking for pity, but lets say my health deteriorated and stress interferes with my daily activity. One might say its pride - yes I still got some left.

Here are the questions:

- Do I follow the lawyer's (3) and a doctor's (1) advice to ditch the female?

-Do I divorce or stay married

- What are the chances that they not gonna invite me for am interview? (considering my past)

- How much harder is to defend the divorce case vs marriage?

- what is the current timeframe between application for removal of condition and interview/10yrGC

Facts:

GC expires in November 2013, so 4 month till filling

Technically we still live in the same household

Financials stayed the same

I am still employed with the same company and can jump back on H1B any moment

3 lawyers offered 3 strategies so I am confused

I would really appreciate any thoughts on the matter, because my emotions do not allow me to think straight

Edited March 18, 2013 by Mike.

[Cathi 5,775]

get a divorce and move on. Why are you staying married, seriously?

[carton025 38]

sorry to hear your sad, sad story. but, you know, or should know, what to do.

Best of luck!

[kzielu 1,149]

Zero chance for no interview, additionally looks like you are not ditching her just to get through RoC - no reason to, you can do it with divorce waiver.

Edited March 18, 2013 by kzielu

[del-2-5-2014 1,339]

Dude, seriously?

[VanessaTony 3,567]

Here are the questions:

1. Do I follow the lawyer's (3) and a doctor's (1) advice to ditch the female?

2. Do I divorce or stay married

3. What are the chances that they not gonna invite me for am interview? (considering my past)

4. How much harder is to defend the divorce case vs marriage?

5. what is the current timeframe between application for removal of condition and interview/10yrGC

Facts:

GC expires in November 2013, so 4 month till filling

Technically we still live in the same household

Financials stayed the same

I am still employed with the same company and can jump back on H1B any moment

3 lawyers offered 3 strategies so I am confused

1. Not an immigration qn. That's up to you

2. Not an immigration question, that's up to you.

3. 50/50

4. You mean, should you have your estranged wife sign the I-751 stating you're still in a bonafide relationship? And should you have your estranged wife attend the interview with you, should you be called for one... even though there is a perfectly legal option of "divorced" that you could file under?

5. Depends. 6-9 months roughly.

Honestly if your marriage WAS legit then you'll have no problems. If you want to divorce, divorce and file for a waiver when you window opens. If you want to file married.. then file married. I personally wouldn't do this given your relationship as described but it's your life.

Your relationship should not depend on immigration matters. Reads like you married her solely for an easier path to GC.

[Brother Hesekiel 2,236]

1. Not an immigration qn. That's up to you

2. Not an immigration question, that's up to you.

3. 50/50

4. You mean, should you have your estranged wife sign the I-751 stating you're still in a bonafide relationship? And should you have your estranged wife attend the interview with you, should you be called for one... even though there is a perfectly legal option of "divorced" that you could file under?

5. Depends. 6-9 months roughly.

Honestly if your marriage WAS legit then you'll have no problems. If you want to divorce, divorce and file for a waiver when you window opens. If you want to file married.. then file married. I personally wouldn't do this given your relationship as described but it's your life.

Your relationship should not depend on immigration matters. Reads like you married her solely for an easier path to GC.

I second that. All of it.

[Mike. 0]

I guess that makes it easier to make a decision.

Correct me if I am wrong:

- Get a divorce

- as soon as I get the court ruling - file I751 with the waiver

- after 6-9 mo (roughly) get an invitation for the interview (100% chance)

-What do I do for 3 month without greencard?

-The "Lawyer" question: what kind of benefit the lawyer gives you and how does that look from the officers side?

I apologize if the questions sounds silly, but the wife was the one who filed all the paperwork for me

[Villanelle 4,122]

First- youre never 'with out' greencard. I dont know where you got that idea from. Unless they revoke your card- youre never out of status.

You will file with your divorce as soon as you get the final divorce decree. If your 90 day window comes up and you dont have it then, you would file and check off the divorce box and simply fail to include the divorce decree because you dont have it. They will ask for it and you will explain you dont have it yet. You have time still so theres really no need to go into the complicated explanation about what to do in that situation- just know there are provisions for it. (If your window is coming up and your divorce isnt final yet and you are filing with out a lawyer- post back and someone will guide you)

So basically right now you have your GC. Its going to expire and you file for ROC. You either file on time or early with the divorce waiver. When you file it gets extended if its expiring. Youre never with out a greencard.

Depending on the evidence you submit with your ROC and the workload at your local office, you may or may not be selected for an interview.

USCIS does not care if you file with a lawyer or on your own. It doesnt make your application look more or less genuine. If you have a difficult legal issue or need to ensure your rights are protected or are concerned you will be charged with fraud- you may want to have a lawyer.

[BatmanUSA 105]

is she still living with you ???

[Mike. 0]

is she still living with you ???

Yes

[Mike. 0]

First- youre never 'with out' greencard. I dont know where you got that idea from. Unless they revoke your card- youre never out of status.

You will file with your divorce as soon as you get the final divorce decree. If your 90 day window comes up and you dont have it then, you would file and check off the divorce box and simply fail to include the divorce decree because you dont have it. They will ask for it and you will explain you dont have it yet. You have time still so theres really no need to go into the complicated explanation about what to do in that situation- just know there are provisions for it. (If your window is coming up and your divorce isnt final yet and you are filing with out a lawyer- post back and someone will guide you)

So basically right now you have your GC. Its going to expire and you file for ROC. You either file on time or early with the divorce waiver. When you file it gets extended if its expiring. Youre never with out a greencard.

Depending on the evidence you submit with your ROC and the workload at your local office, you may or may not be selected for an interview.

USCIS does not care if you file with a lawyer or on your own. It doesnt make your application look more or less genuine. If you have a difficult legal issue or need to ensure your rights are protected or are concerned you will be charged with fraud- you may want to have a lawyer.

Thank you very much capri. Will take your advice

[Sandra G. 5,056]

Mike man up!. Get divorce and move on.You will be able to renew your GC without any problem.

Edited March 20, 2013 by sandranj

[Sandra G. 5,056]

kzielu you said "Zero chance for no interview" why not? I had in January and February four I-751 waivers approved without interview.

Edited March 20, 2013 by sandranj

[kzielu 1,149]

kzielu you said "Zero chance for no interview" why not? I had in January and February four I-751 waivers approved without interview.

That was a mistake, misread initial posting. Thought it's AoS not RoC.