Evidence of bona-fide marriage with divorce

[Lisa88 3]

To add, having a baby is not the only cause of our problem. We do fight from time to time, which he was getting sick of. Those might be able to get fixed with counseling and talking, but having a baby seems to be growing its importance and priority in his life, and this is the one I cannot do anything about.

 

[Russ&Caro 1,549]

I would advise separating your anxiety and depression about the dissolution of your relationship from your immigration journey. Get some time and distance away from your relationship, and then worry about your immigration. You certainly do have time on immigration as your ROC with waiver won't even be considered until you submit your final divorce papers. Put all of the evidence you have btwn AOS and your separation into an empty shoebox and then forget about it while you deal with your divorce. You probably have a year or more before you have to even think about filing your i751 application. Oh, and ignore the ##### as well as many spurious opinions you read on the internet. You're probably going to be just fine.

Edited December 27, 2018 by TBoneTX
to remove alternate spelling of profanity

[JFH 12,190]

Threatening to call USCIS, threatening to “report people to immigration” and other such nonsense claims are often made by USCs who are disappointed that the marriage is not the fairytale they envisioned. We often see it where couples who met only briefly before embarking on the immigration journey and who have spent only a short amount of time together in a romantic vacation-type setting and when the immigrant is here and money is short and bills have to be paid and chores have to be done and reality of life sinks in they often use this line because they feel they have paid too much for what they have received. Almost like it’s an Amazon package you can return. 

 

Rest assured that the government requires more than an angry phone call or email from a disappointed lover to commence deportation proceedings. You cannot be deported just because the marriage didn’t work out, despite your best efforts. It takes a lot more than that. 

[Lisa88 3]

30 minutes ago, JFH said:

Threatening to call USCIS, threatening to “report people to immigration” and other such nonsense claims are often made by USCs who are disappointed that the marriage is not the fairytale they envisioned. We often see it where couples who met only briefly before embarking on the immigration journey and who have spent only a short amount of time together in a romantic vacation-type setting and when the immigrant is here and money is short and bills have to be paid and chores have to be done and reality of life sinks in they often use this line because they feel they have paid too much for what they have received. Almost like it’s an Amazon package you can return. 

 

Rest assured that the government requires more than an angry phone call or email from a disappointed lover to commence deportation proceedings. You cannot be deported just because the marriage didn’t work out, despite your best efforts. It takes a lot more than that. 

Thank you. Can I assume that she has little to no control over the USCIS's decision on whether or not to kick me out of this country?

 

Have you ever seen a case where the married couple were in love at the time of marriage, but it fell apart, but the US spouse stayed married only to help their partner out even though they are no longer in love?

Since my spouse and I still have more than a year before my green card expiry, and he is wanting a divorce as soon as possible, I don't think this will apply to my case, but I just wanted to hear a general opinion of how things would go in such cases.

 

Will USCIS try to find out if the 2 years of conditional period was "happily" spent at the time of applying for ROC?

No matter how much my spouse wants a divorce, I am still hang up on him (well, I even believe I am supposed to be because I married him in good faith and in real love), and I don't want to divorce him no matter how tough the married life will be if we live together without love. 

I just cannot deny myself that I am thinking at the bottom of my heart that he will one day realize how stupid he was to hurt me like this, and come back to me. (Actually, this is not the first time he cheated on me. He cheated on me about half a year ago also, with another girl. At that time, I was able to convince him about having a baby by suggesting adoption or surrogates. And back then, he really cared about my tears, and he apologized to me, decided to focus on our marriage. So I forgave him because I am just in love with him. This time, he seems not to care about my tears, sadly.)

 

If we stay like that without actually going ahead and filing a divorce, will it be seen as trying to work things out? Or without the actual record of counseling etc, is it as good as a dead marriage in the eye of USCIS?

Edited December 26, 2018 by Lisa88

[usmsbow 801]

7 minutes ago, Lisa88 said:

Thank you. Can I assume that she has little to no control over the USCIS's decision on whether or not to kick me out of this country?

 

 

Yes, you can make that assumption. She will have no bearing on your immigration status. 

 

 

[Ryan H 3,812]

~~~Duplicate threads merged.~~~

[NikLR 13,227]

8 hours ago, Lisa88 said:

Thank you. Can I assume that she has little to no control over the USCIS's decision on whether or not to kick me out of this country?

 

Have you ever seen a case where the married couple were in love at the time of marriage, but it fell apart, but the US spouse stayed married only to help their partner out even though they are no longer in love?

Since my spouse and I still have more than a year before my green card expiry, and he is wanting a divorce as soon as possible, I don't think this will apply to my case, but I just wanted to hear a general opinion of how things would go in such cases.

 

Will USCIS try to find out if the 2 years of conditional period was "happily" spent at the time of applying for ROC?

No matter how much my spouse wants a divorce, I am still hang up on him (well, I even believe I am supposed to be because I married him in good faith and in real love), and I don't want to divorce him no matter how tough the married life will be if we live together without love. 

I just cannot deny myself that I am thinking at the bottom of my heart that he will one day realize how stupid he was to hurt me like this, and come back to me. (Actually, this is not the first time he cheated on me. He cheated on me about half a year ago also, with another girl. At that time, I was able to convince him about having a baby by suggesting adoption or surrogates. And back then, he really cared about my tears, and he apologized to me, decided to focus on our marriage. So I forgave him because I am just in love with him. This time, he seems not to care about my tears, sadly.)

 

If we stay like that without actually going ahead and filing a divorce, will it be seen as trying to work things out? Or without the actual record of counseling etc, is it as good as a dead marriage in the eye of USCIS?

No they don't consider if the time was happily spent or just spent.  But in all honesty, don't spend that time unhappy or forcing someone else to be unhappy either.  If he wants a divorce, and you feel you've tried (which IMO staying with someone after they cheat is definitely trying) then you should divorce and try to move on and be happy. 

 

She has zero control of the USCIS's decision.  In fact your spouse even has zero control once you file with a divorce waiver.

 

And that other forum with the "extra scrutiny" well that's a load of bologna.  If anything it's easier to provide evidence that you ENTERED the marriage in good faith than it is to provide evidence you are still married and have co-mingled your lives. 

[USC4SPOUSE 506]

I think that you ought to read the I-751 instructions. https://www.uscis.gov/i-751 Page 1/10 states under "Who may file the I-751?" 

"2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

 

Then, page 5/10 - under Evidence of Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

 

So yes, any evidence SINCE THE DATE OF THE MARRIAGE is fair game. Commingling of finances does not mean pooling everything into one pot/or joint bank account. You two have JOINT FINANCIAL RESPONSIBILITIES; e.g., rent, mortgage, internet, car payments, etc. You just have to make sure you explain it all on a detailed Table of Contents which tells USCIS exactly what the evidence is proof of. It may seem redundant but you have to state that "This joint lease between Landlord Mary Smith, and Petitioner Jimmy Jones, and Beneficiary Jon Jones, serves as evidence of cohabitation and lived in marital union at 2900 Pennsylvania Ave; Philadelphia, PA., between 01-01-17 and 12-26-18."

 

Dont just say JOINT LEASE. USCIS does not have to connect the dots for you. That's your job. Here is a really good example of a thorough joint I-751 Petition. https://www.visajourney.com/forums/topic/604970-i-751-cover-letter-list-of-evidence-samples-and-reviews-megathread/

The evidence really won't be all that different. Just get creative. 

Remember that if you are divorced, You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

 

Again, read the instructions. They're long and tedious but they are the best source of information. 

 

All the best,

 

USC4SPOUSE