Spouse came out after 4 years of being together

[wubbalubbadubdub 0]

My husband and I met during school in the US and upon his proposal, we lived together for one year while he was finishing up graduate school. Later, we both started graduate school but in different cities - there began the long distance relationship. We were always good together and visited families here and abroad frequently. However, in late 2016, he told me he came to the realization that he is homosexual and wanted to end our relationship. That was right when I submitted my I-751 joint petition to remove my permanent residence condition. The immigration service center didn't get to process my case and gave me a one-year extension. We remain friends and he wants to keep married to help me with my immigration case. 

 

This year, however, I received a notice "request for evidence" from USCIS and subsequently submitted my additional evidence of our marriage. I don't know how I should proceed the application/petition since our marriage is technically over. I am applying for citizenship right now and my "husband" is super supportive. 

 

My conundrum: we are long distance, both pursuing our careers - not much evidence as a married couple; him coming out as gay, therefore no real marriage at this point... 

 

Should I divorce him and start single petition or should I keep waiting? 

[Saadat Alam 24]

43 minutes ago, wubbalubbadubdub said:

My husband and I met during school in the US and upon his proposal, we lived together for one year while he was finishing up graduate school. Later, we both started graduate school but in different cities - there began the long distance relationship. We were always good together and visited families here and abroad frequently. However, in late 2016, he told me he came to the realization that he is homosexual and wanted to end our relationship. That was right when I submitted my I-751 joint petition to remove my permanent residence condition. The immigration service center didn't get to process my case and gave me a one-year extension. We remain friends and he wants to keep married to help me with my immigration case. 

 

This year, however, I received a notice "request for evidence" from USCIS and subsequently submitted my additional evidence of our marriage. I don't know how I should proceed the application/petition since our marriage is technically over. I am applying for citizenship right now and my "husband" is super supportive. 

 

My conundrum: we are long distance, both pursuing our careers - not much evidence as a married couple; him coming out as gay, therefore no real marriage at this point... 

 

Should I divorce him and start single petition or should I keep waiting? 

If he is super supportive as you said then why would you tell USCIS that marriage is over? I dont understand it.  If you gonna tell them that your marriage is over then you would need to wait for the finalization of your divorce which would take 3 to 6 months and then submit the divorce papers to USCIS. You would need to request a waiver and USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver. 

[Name O Boy 511]

I feel sorry what happened to you but keep in mind don't ever try to conceal or lie to USCIS because they will eventually catch you. If that happens you would be in extreme trouble. Whatever you do be open and truthful to USCIS. Your case has already raised red flags because you both as a couple don't live together. If you file N-400 anytime USCIS would do an extensive investigation. Just wait for the response of your RFE and then take appropriate action. Best of luck. 

[Scazy 78]

I would STRONGLY suggest not to apply for citizenship based on marrriage when you not together anymore, this can open a can of worns as you must make a statement to USICS about what happen and let them know you split up. Don't even think of faking it. Why can't you just divorce if the marriage is over, and file under 5 year rule? Why to risk? 

[WeGuyGal 1,052]

Makes ya wonder..

[Dashinka 24,806]

11 hours ago, Scazy said:

I would STRONGLY suggest not to apply for citizenship based on marrriage when you not together anymore, this can open a can of worns as you must make a statement to USICS about what happen and let them know you split up. Don't even think of faking it. Why can't you just divorce if the marriage is over, and file under 5 year rule? Why to risk? 

I echo your advice.  

 

To the OP, I am sorry for your situation, but personally I wouldn’t stay in a marriage that you admit is over just for immigration purposes.  It raises way to many issues that may come back to bite you in the long run.  

 

Good Luck!

[usmsbow 802]

14 hours ago, Amir Alam said:

If he is super supportive as you said then why would you tell USCIS that marriage is over? I dont understand it.  If you gonna tell them that your marriage is over then you would need to wait for the finalization of your divorce which would take 3 to 6 months and then submit the divorce papers to USCIS. You would need to request a waiver and USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver. 

 

A lot more paperwork is less stressful and easier than being dishonest and being worried about USCIS finding out the reality of the situation....  And that's not even factoring in the legality of your suggestion. 

 

 

[Marzena & Stephen 544]

20 hours ago, wubbalubbadubdub said:

Should I divorce him and start single petition or should I keep waiting? 

Sorry you had to go through this. I wish you all the best. I agree with the above ..better to be honest, everything will workout best.

[JR loves JR 196]

Can you update your timeline? That would be very helpful. You filed your Removal of Conditions in 2016 and that's the RFE you just responded to? Are you applying for citizenship using the 3 year rule based on an ongoing marriage to a US citizen?

 

I'd wait to see how your RFE is responded to before notifying the USCIS of your current status since you're technically still married. Do you still have co-mingled finances? If all you have to provide them is proof that you entered the relationship in good faith and nothing current I'd be preparing for an interview. Can/will your husband attend? If not, you might want to consider filing for divorce as the divorce waiver removes the requirement that he attend. It would also lessen the expectation of continued financial commingling... I'm not sure how far back they'd expect to see that type of evidence for a recent divorce. 

 

And whatever you do, DON'T file for citizenship based on the 3 year rule. I'd hate to see you throw away the money on something that will be denied if you do have to file for divorce or if they doubt that your relationship is still genuine. Even if it was approved, it would be granted on fraudulent grounds and could be revoked if it became known that your marriage wasn't genuinely ongoing at the time of issuance (slim chance it would be discovered). But why would you want even the slightest doubt that could ever occur... I'd avoid that at all costs.

Edited December 20, 2017 by JR loves JR