Seperation!! What now???

[liam4lisa 0]

Hi All-

My wife and i have decided to seperate after only 14 Months of marriage, although we have spoke about leaving the door open with the possibility of getting back together i am looking at this with the worst case scenario. I am going to be renting a room as this is all i can afford living in CA one of the most expensive states in US , i guess my questions are as follows....

1) I will be due to submit the form to have my conditions removed on my GC in April 08, if my wife and i are seperated at this time but are still married will i still qualify to have my conditions removed?

2) Looking at the worst case scenario that my wife and i get divorced from now until then will i still qualify to get my conditions removed?

I am really heartbroken that i came 6000+ Miles away to be with my soulmate, i left everything behind for the woman i loved and still love so true. I hope the love that we have for one another will be enough to bring us back togeter and put right the places where we went wrong. Please don't anyone who reads this post be discouraged, even in the eventuality that Lisa and I don't get back together, i will truly always be grateful to have been touched by such a beautifull woman inside and out. I never beleived in this before but now i know what love really is i believe it is better to have loved and lost than to have never loved at all.

Thanks,

Liam

[YuAndDan 153]

You may run into some problems when you attempt to lift the conditions on the green card.

It is far easier to file to lift conditions when divorced than when only separated, when separated you will need to file to lift conditions jointly.

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 Edited May 16, 2007 by YuAndDan

[jasper 0]

You may run into some problems when you attempt to lift the conditions on the green card.

It is far easier to file to lift conditions when divorced than when only separated, when separated you will need to file to lift conditions jointly.

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

thanks for your help ,so its good to be married 2 years that shows that the marriage was entered in a good faith as asked by immigration law.

[diadromous mermaid 36]

1) I will be due to submit the form to have my conditions removed on my GC in April 08, if my wife and i are seperated at this time but are still married will i still qualify to have my conditions removed?

Yes, but you will be required to jointly file and that only applies in states where separation does not automatically result in a legal termination to the marriage.

2) Looking at the worst case scenario that my wife and i get divorced from now until then will i still qualify to get my conditions removed?

If you divorce before you are required to apply to remove conditions, then you submit a waiver of the joint filing requirement of form I-751.

[liam4lisa 0]

Hi All-

My wife and i have decided to seperate after only 14 Months of marriage, although we have spoke about leaving the door open with the possibility of getting back together i am looking at this with the worst case scenario. I am going to be renting a room as this is all i can afford living in CA one of the most expensive states in US , i guess my questions are as follows....

1) I will be due to submit the form to have my conditions removed on my GC in April 08, if my wife and i are seperated at this time but are still married will i still qualify to have my conditions removed?

2) Looking at the worst case scenario that my wife and i get divorced from now until then will i still qualify to get my conditions removed?

I am really heartbroken that i came 6000+ Miles away to be with my soulmate, i left everything behind for the woman i loved and still love so true. I hope the love that we have for one another will be enough to bring us back togeter and put right the places where we went wrong. Please don't anyone who reads this post be discouraged, even in the eventuality that Lisa and I don't get back together, i will truly always be grateful to have been touched by such a beautifull woman inside and out. I never beleived in this before but now i know what love really is i believe it is better to have loved and lost than to have never loved at all.

Thanks,

Liam

[mawilson 2,133]

1) I will be due to submit the form to have my conditions removed on my GC in April 08, if my wife and i are seperated at this time but are still married will i still qualify to have my conditions removed?

Will your wife sign the papers?

[YuAndDan 153]

You may run into some problems when you attempt to lift the conditions on the green card, when only seperated, you need to divorce first then you can file a waiver to lift conditions with out your spouse, when only seperated she is needed to jointly file to lift the conditions.

It is far easier to file to lift conditions when divorced than when only separated, when separated you will need to file to lift conditions jointly.

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.

I feel that I am repeating myself: http://www.visajourney.com/forums/index.ph...st&p=914280

Edited May 23, 2007 by YuAndDan

[broma25 2]

Liam I don't have anything to add in regards to removing conditions, but I am very sorry to hear that you and Lisa have decided to separate, that is really sad news.

I wish you both the best of luck.

[Nancy2015 2]

I am so sorry to hear that.... (F) (F) (F) (F) (F)

It sounds like you still love each other and care for each other, are you sure separation is necessary? It's none of my business, but your post is truly heart-breaking, it made me teary

[LaL 418]

oops! i see YuandDan provided you with a link to your last message. maybe there was some information there as well that can help you.

Edited May 23, 2007 by lal_brandow

[Fandango 1,439]

Liam, I'm really sorry you both are going through this. I don't have any info to add, but I just wanted to tell ya how sorry I was.

[Lizzy 0]

Sorry about the separation.

[liam4lisa 0]

Ok so to my understanding is this! If my Wife is willing to do a Joint petition to lift conditions even if we are seperated that would be the best case scenario? If my wife and i were seperated and she would not be willing to do a joint petition then it would be better for us to be divorced and then i would file a waiver and submit evidence to prove that the marriage was legitamate and not for immigration purposes. Are there many people succesfull who are seperated or divorced from their US citizen spouses when lifting conditions? Sorry! I know i have asked alot of questions.

Hi All-

My wife and i have decided to seperate after only 14 Months of marriage, although we have spoke about leaving the door open with the possibility of getting back together i am looking at this with the worst case scenario. I am going to be renting a room as this is all i can afford living in CA one of the most expensive states in US , i guess my questions are as follows....

1) I will be due to submit the form to have my conditions removed on my GC in April 08, if my wife and i are seperated at this time but are still married will i still qualify to have my conditions removed?

2) Looking at the worst case scenario that my wife and i get divorced from now until then will i still qualify to get my conditions removed?

I am really heartbroken that i came 6000+ Miles away to be with my soulmate, i left everything behind for the woman i loved and still love so true. I hope the love that we have for one another will be enough to bring us back togeter and put right the places where we went wrong. Please don't anyone who reads this post be discouraged, even in the eventuality that Lisa and I don't get back together, i will truly always be grateful to have been touched by such a beautifull woman inside and out. I never beleived in this before but now i know what love really is i believe it is better to have loved and lost than to have never loved at all.

Thanks,

Liam

[Lovetoteach 53]

I'm sorry I can't input on the immigration side of things but I'm truly sorry about your separation. I have been there, but never reached AOS yet I understand what you are going through having given up everything.

Shona