Get divorced or file jointly

[olbap 1]

Hello,

I currently hold the conditional green card, which is due for renewal in March 2015.

We have been married since November 2012 but we have realized that we have different points of view regarding long-term and important life decisions such as where to live, having kids...We see our futures in a different way, and we have decided about splitting and getting divorced at some point.

She's very supportive and she's willing to help me to renew my residency, that is out of discussion.

We have been living together since October 2011 and we have all sort of evidences: the lease of the house, tax returns filed together, joint bank accounts, joint credit cards, pictures and tickets from our trips to my country (last one was last Christmas), joint health insurance through my company.

We are now considering about moving out and living in separate places, which we would not share the same address from September to the time I file the I751 form.

My doubt is whether we should try to file jointly (she is fully committed to help me, she will sign with no problem, but I have doubts regarding the window from September to the time we file, since we wouldn't be leaving together, we wouldn't share credit card accounts...this would look suspicious to my eyes) or should we file for divorce and then apply by myself, proving that the marriage was in good faith?

[Merrytooth 5,748]

File for divorce and then apply by yourself, proving that the marriage was in good faith.

You should not have problem ROC since you have all sort of evidence to prove bona fide marriage.

[Cheezees 1,514]

I thinking filing with a divorce waiver is your best bet. Especially since you have a supportive spouse. Be honest and good luck!

[olbap 1]

Thanks a lot for your answers,

Also, at the time we got married, I was under a H1B visa, so I did not have a need to get married to stay in the US.

Would it be a good idea to include among the evidences a letter signed for both explaining what was going on? She would come to an interview if there was one...?

If I apply by myself. Can it be denied right away or at least they would give the opportunity to present more evidences or go for a face-to-face interview?

Thanks again

[NancyNguyen 1,658]

They don't just deny you that easy. If there is interview, you will have interview by yourself. Gather all bona fide evidences for your case now. There is at least one member here, she filed ROC with divorce waiver and she didn't have interview.

Remember stay married just to get ROC is fraud. There is no such "support" or "help" as you mentioned.

[Merrytooth 5,748]

Your soon-to-be ex could write an affidavit for you, stating that the marriage is in faith but due to differences, ended amicably.

[olbap 1]

Thanks a lot for all your pieces of advice. I will keep you posted with the final result or any issues I may find.

Thanks again.

[AnotherLostSoul 167]

I beg to differ regarding your previous H1B status. I would not mention that at ANY point, or cover letter. They have record of you, if they want to check they can see that. By bringing it up in any way (cover letter, interview- unless they ask what visa you were on before marriage) I would not bring it up as it does sound like you are trying to cover your "back" up and try to persuade them that you really didn't get married for green card. If you don't bring it up, but play it short and sweet and simple, they won't be thinking you married for green card. So, I would not even mentioned that, unless they literally ask it from you through interview, or RFE. Just be honest, have all the proofs to show bona fide marriage. And definitely divorce and then file ROC. That seems more honest, and straight to USCIS (and probably most of our) eyes. Ask your wife to write an affidavit too, that'll make it strong(er).

All the best!

[olbap 1]

I think you have a point with your comment.

Regarding the letter that my wife will write supporting our relationship: does it need to be notarized?

Thanks!

[tuckin14 58]

I may be in the minority here, but will an affidavit from the wife help?

Remember that USCIS is always looking for couples that conspire to get a green card without a legit marriage.

I think they will more be looking to the documentary evidence. If there is an interview, intimate knowledge of each other (which they will have as a legit married couple) will be convincing, not a letter.

[olbap 1]

Hello,
So I have finally got the appointment in the court house on October 28. I think I will get the divorce decree out of it, and therefore, I will be all set the submit the paperwork to the USCIS for ROC.

One question that crossed my mind: My greencard is valid until March 2015 and I plan to travel to my country for Christmas, returning first week of January. Will I have any issues entering to the US in January, considering my case will be, most likely, in progress?

I can always call the USCIS, but I was wondering if anybody has been in the same situation.

Thanks in advance.

[olbap 1]

I have done some research in the forum and now, my understanding is that I will get a NOA that gives a one year extension. Therefore, my greencard will still be valid for one year, starting the day I get this notice or until my case is solved.

Correct me if I am wrong.

Thanks

[olbap 1]

Hello all,

So, finally, I got all my paperwork ready and my divorce was finalized last week. Therefore, I am ready to submit my documentation to remove my conditional residence. My greencard technically expires in March, 2015.

I was thinking about waiting to file my documentation after the Christmas break (Returning to the US on January,4th), just in case I got an appointment or any request from the USCIS that requires immediate action, and I would not be able to support that because I'll be gone.

My question is: Could I expect any issues re-entering the US on January the 4th? I am divorced but my Greencard is still valid until mid March.

Thanks!

[NancyNguyen 1,658]

Hello all,

So, finally, I got all my paperwork ready and my divorce was finalized last week. Therefore, I am ready to submit my documentation to remove my conditional residence. My greencard technically expires in March, 2015.

I was thinking about waiting to file my documentation after the Christmas break (Returning to the US on January,4th), just in case I got an appointment or any request from the USCIS that requires immediate action, and I would not be able to support that because I'll be gone.

My question is: Could I expect any issues re-entering the US on January the 4th? I am divorced but my Greencard is still valid until mid March.

Thanks!

USCIS and other offices will not know your martial status unless you tell them.

[onye uwaoma 131]

Your soon-to-be ex could write an affidavit for you, stating that the marriage is in faith but due to differences, ended amicably.

And an ex spouse's letter is as irrelevant as it can be since the divorce decree or paperwork would explain whether there was a real marriage in the first place... If the marriage ends in divorce and it was due to no fault of yours then that in itself is an evidence of Bona fide marriage...