Separation + removing conditions on residence

[ihateemo 0]

To cut a long, sad story short, I have an application to remove the conditions on my residence (based on marriage to my US citizen wife) with a receipt date of March 9th. Since the ambiguous "six months" claim of processing times from the TX service centre has been updated to include receipt dates of between March 3rd - April 3rd, it looks like I could be waiting a little while longer to hear back.

Unfortunately, last week my wife and I separated after over three and a half years of marriage. We are not getting a divorce for a while yet since neither of us are really in the financial position to hire attorneys but I am utterly dreading being called for an interview and being told, "Sorry, since you and your wife split up you're going back to the UK for good! See ya!" and then being carted off in shackles by ICE.

On the advice of a law school grad friend of mine I will be speaking to an immigration attorney next week to see where I go from here. However, I wonder if anyone has any experience with this or a similar situation? I can easily prove that our marriage was no sham, but I understand that only people who are actually divorced can apply for the joint filing waiver. Will the fact that we are separated count against me? Should I start packing my stuff up now and enjoy the time I have left here? Or is there any way I can stay?

Any suggestions beyond "talk to a lawyer" (which I will be doing as well ) are welcome.

[Kez/JWolf 6]

As you have already filed a joint application to remove the conditions... you should have no problems.. if you were unlucky enough to be called for an interview all you would need to do is ask your wife to go with you... you can be honest with them and tell them that you are planning to divorce in the future but the marriage was entered into in good faith...

Good Luck and hope that 10 year greencard arrives real soon.

Kez

[ihateemo 0]

Thank you, Kez. I had a poke around the forum (and The Google) and it sounds like most applications are approved without an interview. Despite the somewhat acrimonious split, my wife has said - for the time being - that she would be willing to travel to the San Antonio office with me for an interview.

Thanks.

-Rob

[Kez/JWolf 6]

Rob I am sure you will get your greencard very soon... and the chances of you being called for an interview are very slim...

Good Luck for you future and I am sorry things did not work out for you and your wife...

Kez

[liam4lisa 0]

Hello Rob,

I am sorry to hear of your break up! I am in an very similar position to you. My wife and I split after 14 Months together which was very sad, but the great news is we are trying to work things out but it is going to be a long process and we have no plans of moving back in together any time soon, we are going to try just dating and doing what we wished we could of done in the beggining. I was wondering in anybody elses opinions if you can see a problem when it comes to removing conditions next year? I hope we are going to stay married and eventually be back together full time.

quote name='Niagaenola' date='Oct 17 2007, 03:51 PM' post='1263411']

Rob I am sure you will get your greencard very soon... and the chances of you being called for an interview are very slim...

Good Luck for you future and I am sorry things did not work out for you and your wife...

Kez