Preparing for a Divorced 1-751 filing.

[ketchupclouds 0]

(30m) He and i (21f) had an extremely rocky relationship. We got together when I was 17 and he was 25, we got married just as I turned 19 in 2020.

I moved over in June of 2021, and by September I had moved into my own place because of constant arguments, he didn't want me to work but had back rent and other debts and made no effort to work more to pay them off.

We are still semi civil, he wrote an affidavit for me to be able to stay, as he still wants to be together but I do not.

We had no bank accounts together as he was terrible with money, I did not drive so no car loan together, we had Masshealth with him as head of household but theyre saying they dont have any documentation they could send with both of our names on it, all I really have is pictures and a lease of us living together in the UK for two years.

But my lawyer is saying this is not enough and I can see why, his mothers  company owned the place we were living in so no lease  there. He worked with me for a short time and I got an adfidavit from our boss.

Is there anything else I could submit? We were together for four years but it seems like im coming up short, my lawyer said they don't think it will be enough. 

 

[Timona 4,207]

Affidavits are veeeeeerry weak evidence, his included. Anyone can write anything. 

[Rocio0010 5,579]

In four years have you not stayed at a hotel together? What about joint taxes?

[ketchupclouds 0]

We were seperated by the time tax season came around and in the UK the government does it for you, i sent in one vacation we took and included recipts of that., but we were broke at the time and didn't take many.

 

I have photos, our joint lease in the UK for two years, our vacation , some bank transfers between our accounts spanning over 4 years and flight records of me going to see him and vice  versa.

[OldUser 6,663]

- Joined taxes?

- Any trips together? Plane tickets?

- Any mail addressed to both of you?

- Any purchases charged to his card showing you as recipient or vice versa?

- Did you have any memberships together?

- Did you have any marriage councelling sessions?

- Any medical bills showing both names?

 

Your lawyer is right, this is a difficult case to win if all you have is old photos and few affidavits. His affidavit is important, but you need more.

 

Update: saw more stuff you listed. Did you provide that to lawyer? You may need to search harder for evidence. Maybe there's emails you exchanged or invitation letters you received to various events?

 

With under 3 months of cohibitation in the US and limited evidence, there's arguably not much you can do to get conditions removed. But you can try fighting and winning.

Edited February 8, 2023 by OldUser

[OldUser 6,663]

Also a question: is your divorce finalized? Do you have the decree?

Edited February 8, 2023 by OldUser

[ketchupclouds 0]

We had the hearing in December so waiting on the final decree, I am planning on filing in April, 

What is the usual course of action if at interview the petetion is denied?, Ive seen it goes to an immigration court and can take years, how do people manage when you cant work while waiting for the result?

Provided everything to a lawyer, do you think I should just not bother filing with such limited evidence?, I thought living together in the UK for two years would be enough but it clearly isnt.

[mindthegap 2,590]

Send everything you have.

Write a letter - just like your post - detailing what you don't have and why. 

 

Get affidavits from friends, family, neighbours, people that knew you together, however insignificant. Get an affidavit from his mother stating she owned the place you lived. If you are low on evidence, any extra document will help. 

 

If you were living together in the UK, then send stuff from that time if you have any - it's technically not included as it is before you became a PR,  but it all helps to build a picture of genuinity in the mind of the adjudicator.

Council tax bills, phone bills, UK tax returns (did he file his US tax return while living there, like he is supposed to? If so, his tax return will show his UK address, which will match your UK documents). Hell, even NHS letters or documents, or junk mail showing the same address will help.

Get those bank statements. Highlight the transfers between you. Pull your flight records. Get your phone bills. Screenshot phone messages. Screenshot your inbox with every mail between you. Write a bit about every picture you have together.

Build that picture in the mind of the adjudicator.

 

Are you actually divorced now? If so, you can file the I-751 at any time - it does not have to be in the usual 90 day window.

 

And don't worry, it's a very, very long process, and you remain a permanent resident throughout and can travel and work.

Even if it is ultimately denied for lack of evidence, you have years and years ahead of you here before anything even approaching an order of removal would happen, and many options available to you before that point. 

Edited February 8, 2023 by mindthegap