Divorce Prior to Removal of Conditions

[Jsp112 1]

This is my first post on visa journey so wanted to say hey and that I've been using the site for a couple of years now prior, during and after my immigration to the USA. It's been a great resource and I am hoping to call upon that now to get some much needed advice!

My Backstory:

I met my now wife 5 years ago, we dated for 4 years and in September 2014, I moved here from the UK and we got married. We've been married for a total of 15 months at the date of this post (December, 2015).

The immigration process was smooth and fast - I traveled to the USA 20 times in the 4 years we were dating and we were able to provide a wealth of evidence to support our case for what our relationship was (and in part, still is); a loving and caring bond.

I was approved for adjustment of status in July 2015 and have my temporary green card.

Unfortunately, we had a number of issues with communications, differences and our needs that we didn't deal with as we should have. I still love my wife and I believe she still loves me. However, we are approaching the point where we feel temporary separation or at worst, divorce, would be the best thing for both our happiness

Why I'm posting:

Frankly, I do not know what to do. I feel that we will likely be separated before I hit the two year point and don't know what to do. There's a tonne of different nightmare stories out there about people being deported and hiring expensive lawyers; I've built a life here, have a job, debt and contribute financially to my wife and her kids (and will continue to do so post separation).

If anyone can help me answer the following questions I'd be so appreciative:

1. If we split, when the time comes to remove my conditions, should I hire an immigration lawyer?

2. What are the implications on my immigration status of us separating, living apart but not divorced? (One of the things our counselor suggested we try is living apart for a year or so)

3. My wife and I mutually agree that any divorce will be civil and she will assist me in staying. Would it be better to wait until I have removed my conditional status if we decide to split?

4. What are people's overall experiences with this? Our marriage was completely legitimate, I know that, she knows that but how do I prove that and how does immigration take this?

I know there are a million posts out there like this but I'm still hoping someone can shed some light on my situation!

Thanks!

[Darnell 8,479]

4 a. when doing ROC, must provide that evidence of a bonafide marriage (read the I-751 instructions) and

4 b. hey ! there's a tickbox for divorced on the I-751 !

1. this is a DIY site, so unless you have no skills or patience to acquire the actual knowledge to actually DIY, perhaps a lawyer will be useful in putting the casefile together.

2. effect on current immigration status? NONE, until the expiration date printed on the current card.

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sorry, i did an edit to reflect yer question numbers.

Edited December 15, 2015 by Darnell

[Nich-Nick 3,354]

You can remove conditions if divorced. There is a place to tick on the form you are doing it alone. You submit evidence of all you marital commingling of household and finances up until the divorce. And they have to have the divorce decree as well. So do save everything like joint bank statements, credit cards, bills, tax returns, insurance policies showing both names because you will need them for ROC to,show you entered the marriage in good faith, but it just didn't work out.

[Jsp112 1]

1. when doing ROC, must provide that evidence of a bonafide marriage (read the I-751 instructions) and

2. hey ! there's a tickbox for divorced on the I-751 ![/quote

I appreciate the response Darnell.

[Cheezees 1,514]

http://www.uscis.gov/i-751

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

You're welcome! (hee hee)

[Jsp112 1]

Happy chick, thanks for the kind words, it's not easy! And due to the fact you rightfully pointed out, is actually more difficult than say if we did not love one another!

[Lowlie 191]

As you said, it seems there are millions of posts like this. It makes me wonder how many couples actually remain married. Seems like such a vast mass of these marriages can't even survive long enough to reach removal of conditions...but then again, I suppose it's the same with all marriages these days, and not actually at a higher rate in marriages that involved immigration? At least I hope the marriage failure rate is not higher! Anyway, I hope things turn out for the best for you, and also just as much for your wife and above ALL else, I wish the best for her children.