Adjusting Status

[Kamzrose 0]

Hello,

I have read many posts here trying to come up with a answer to my questions and I only became more confused. My husband came here on a K-1 visa and recived his temporary green card. Which will expire on 8/03/08. During this process, his father became sick and needed a kidney transplant and later sadly passed away. My husband moved to another state to work and earn money to pay back peoples borrowed money for his fathers medical expenses. He could have worked here but he had a business oppurtunity over there. During this time he and I faced alot of tensions and it broke us up. Overtime we decided to work things out, stay married and he would return back to me soon as possable. I told him if you want to prove to me that your sincere... then you must go to a lawyer and file for your permanent green card yourself. And I will stay married to you to help you. After reading many posts..I see that you have to be divorced in order to self apply for a permanent green card. Is this true? If it is, then I am faced with more confusion. If i decide to go to his green card interview and help him, we have no proof of our relationship for the uscis appointment. The only things we have are a joint bank account and our marriage certificate and photos. We are not sharing any bills and since we are not living together in the same state...we dont have a appartment lease. What should i do? Hes working over there on his social security number and paying bills. Thats going to really mess with his case. After he moves back...we could put his name on our appartment lease and pay bills together. But I feel uscis will want to know why was he not on the lease a year ago? Should I tell uscis we seprated and he moved to another state and we worked things out and he moved back to me? I dont want him to be denied or deported. I know this is a very confusing post. But honestly any suggestions would help ease my mind. Thank You. Take Care

[YuAndDan 153]

Yes if he is still married you have to file to lift the conditions jointly, a happy marriage is one of the conditions placed on the "Conditional" green card, they will need evidence of a Bona fide Marital Relationship.

You are not doing him any favors telling him to file separately, he can not do this according to USCIS, and will fall out of status, and then can be subject to removal proceedings.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

See the guide about this: http://www.visajourney.com/forums/index.ph...p;page=751guide

Edited December 28, 2006 by YuAndDan

[diadromous mermaid 36]

Hello,

I have read many posts here trying to come up with a answer to my questions and I only became more confused. My husband came here on a K-1 visa and recived his temporary green card. Which will expire on 8/03/08. During this process, his father became sick and needed a kidney transplant and later sadly passed away. My husband moved to another state to work and earn money to pay back peoples borrowed money for his fathers medical expenses. He could have worked here but he had a business oppurtunity over there. During this time he and I faced alot of tensions and it broke us up. Overtime we decided to work things out, stay married and he would return back to me soon as possable. I told him if you want to prove to me that your sincere... then you must go to a lawyer and file for your permanent green card yourself. And I will stay married to you to help you. After reading many posts..I see that you have to be divorced in order to self apply for a permanent green card. Is this true? If it is, then I am faced with more confusion. If i decide to go to his green card interview and help him, we have no proof of our relationship for the uscis appointment. The only things we have are a joint bank account and our marriage certificate and photos. We are not sharing any bills and since we are not living together in the same state...we dont have a appartment lease. What should i do? Hes working over there on his social security number and paying bills. Thats going to really mess with his case. After he moves back...we could put his name on our appartment lease and pay bills together. But I feel uscis will want to know why was he not on the lease a year ago? Should I tell uscis we seprated and he moved to another state and we worked things out and he moved back to me? I dont want him to be denied or deported. I know this is a very confusing post. But honestly any suggestions would help ease my mind. Thank You. Take Care

Before resolving the matter of how to support a joint filing with evidence, perhaps it might be a good idea to revisit the issue of why you would require that your husband "prove " himself to you for taking a job elsewhere to earn money to repay those that assisted with medical bills related to his deceased father. Once that issue is resolved, the path will become clearer for you to navigate.

[Killer_Clown_2009 0]

I hope that my marriage is happy enough to qualify for a 10 year green card at the time it comes to lift conditions.

[MichelleandCraig 1]

No offense, Jane, but it really has nothing to do with how 'happy' your marriage is at the time...it's all related to how long it actually takes you to adjust status what card you will receive. (or your husband) M.