I am interested in hiring an immigration lawyer to assist me with the final steps in my immigration to the USA. I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition (as current immigration law requires) to remove the conditions on my greencard.

At this point it appears (after much research ) that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file single.
Does anyone have any advice or thoughts on the situation? Anything would be appreciated.

If you look at the instructions on the application, there is a section where you can state that you entered the marriage in good faith, but the marriage has ended, etc. You may want to at least consult with an attorney, and call the USCIS 1800 number to get a free opinion, although I have been told that they give different answers all the time, wasnt the case for me, but get their answer, and compare notes when you call an attorney for a free consultation.

In Other Words!!! FRAUDDDDDDDDDD!!!
From The Start!!! Games!!!

Geee! Where are my manners? Welcome To ILW.

However, Thee authorities have Been on a coffee break for Approx. 10 years. welcome new person of planning and deceit!

Thanks for the input!
I have scheduled a consult with an immigration attorney for tomorrow and am looking into flying my husband here for the interview. He is such a great guy and is just so good to me. Its a shame we couldn't make the marriage work.
In the meantime I'd better start researching I-751 interviews and get prepared, as it is coming up VERY soon.
Thanks for everything

quote:

Originally posted by ssconway:
I am interested in hiring an immigration lawyer to assist me with the final steps in my immigration to the USA. I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition (as current immigration law requires) to remove the conditions on my greencard.

At this point it appears (after much research ) that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file single.
Does anyone have any advice or thoughts on the situation? Anything would be appreciated.

Hello SS

Save the money for the airfare.

How long did the marriage last after you received the conditonal greencard?

How long have you been seperated?

This memo is applicable to your situation.


This is USCIS memo released 12/27/2004

December 27, 2004
NSC Flash #6-2005
The Effect of Separation/Divorce on Pending I-751 Petitions to
Remove the Conditions on Residence

The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is
described below according to the various scenarios that exist.
"¢ "¢
"¢
If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the
beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.


If the petitioner and beneficiary filed an I-751 petition jointly but
‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
2521. The case will then be relocated to the local district office for an interview.

‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition
with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also
request that the Service withdraw the first petition.
If the petitioner and beneficiary are separated at the time the I-751 should be filed, the
beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the
local office for an interview.

‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
the beneficiary files an I-751 as instructed above but the divorce becomes final while the
I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
needs to sign), marking "d" in Part 2. The beneficiary should also request that the
Service withdraw the first petition.
Petitioner and beneficiaries are reminded that required supporting documentation must
accompany any petition.


The very fact that you are being called for an interview indicates that you are under the microscope. Depending on how you answer the three questions that I asked will determine your course of action. As it stands now, expect to be denied at the interview.

Thanks for the reply, although it makes me ill to see the reality of my situation. As it stands, my husband will fly to Kansas for the interview in two weeks.

I received my conditional greencard in May of 2007, and we separated June of 2008.

Not that it matters but we have been together since 2001, engaged in 2004 and married in march of 2005. I am kicking my self for taking so long to file my original 485.

We were already separated when I filed my 751 and was 100% honest with USCIS about my situation. It sickens me that telling the truth is apparently a mistake in this situation.

I have read the memo you posted, as well as the 2 previous ones on this situation &I feel I can prove that our marriage was in good faith.....

More feedback, ideas please......

Are you legally separated? What state do you reside in?

quote:

Originally posted by ssconway:
Thanks for the reply, although it makes me ill to see the reality of my situation. As it stands, my husband will fly to Kansas for the interview in two weeks.

I received my conditional greencard in May of 2007, and we separated June of 2008.

Not that it matters but we have been together since 2001, engaged in 2004 and married in march of 2005. I am kicking my self for taking so long to file my original 485.

We were already separated when I filed my 751 and was 100% honest with USCIS about my situation. It sickens me that telling the truth is apparently a mistake in this situation.

I have read the memo you posted, as well as the 2 previous ones on this situation &I feel I can prove that our marriage was in good faith.....

More feedback, ideas please......

My husband and I met and married in Florida; he still lives there - I moved to Kansas last year. I know I sound completely clueless, but I havent even looked into whether it's a legal separation or not. I know that we will probably divorce very soon, regardless of the outcome.
Why do you ask? Would that even make a difference? I'd still fall in that odd category of not really married (and able to file a happy, simple joint I-751), but not divorced (and therefore able to file for a waiver)
Oh, and again, much thanks to all of you that are taking the time to read this.

Hello ssconway

Sadly, your timeline could have saved you all of this. It appears that you were very close to being married for two years already when you had your interview for the conditional card

If you were married two years when you had the interview, you would have received the 10yrs card. Looks like you were just short by a couple of months.

Flying him in is just a waste of time and money unless you will be claiming to have been reconciled or that you are still together and he is working out of state. It appears that you should have consulted an immigration attorney before leaping forward into filing. It is not too late to consult an attorney because you have not had the interview yet. I strongly suggest that you do a consultation.


You are not able to file a waiver until the divorce is final. YOu have not even filed for divorce yet. There is not a question about your bonafide marriage. You are in an awkward position right now if you get denied. Your status will be terminated until such time that your divorce is final and can file the waiver. You will also go into removal proceedings at some point if the divorce takes too long. This will not be a problem, because the proceedings will terminate once you get the final decree and file the waiver.

OK, so I know it appears I am being a little dense, but can you explain "There is not a question about your bonafide marriage. You are in an awkward position right now if you get denied"

I really assumed that I was being interviewed because I told them I was separated, and they simply need to determine that my marriage was entered into in good faith, which it was. So, what am I missing? Why is it that my chances are slim? I am being truthful and have not done anything fraudulent...I have consulted 2 immi lawyers who both basically said - 'you might as well try.' (Of course, these were free consults, so my best interest may not be their top priority)
On that note - what happens if I do try and get denied? I know I would get an NTA before a judge who would then...what? On what grounds would they deport me? Could I not just file again?
To be honest with you, it won't be the end of the world for me to go back to Canada - I was only here for my husband and now I understand that we may never reconcile. I just want to ensure that IF I go back to Canada, I do it in such a way that I can always come back.


Again, thank you thank you thank you to the kind souls that have replied

I don't see this situation as dire as 4now does, especially if the US husband IS going the attend the interview. (if he no shows then what I am going to say will become moot>0. The OP filed on the grounds of a bonafide marriage. Who better to attest to that than the US spouse, whether estranged or not? It's quite possible that he could satisfy the USCIS' line of questioning as to why they have not lived together for a year and yet are not divorced. And frankly, the INA does not stipulate anything other than that if the couple are divorced then they must not jointly-file. The statutes simply state that if divorced, an alien must self-petition.

Had you already commenced the divorce process, then I'd be agreeing with 4now, but if you haven't, there's nothing to preclude you from filing jointly. Since that is the case, I would want my US estranaged spouse there to corroborate my testimony.

quote:

Originally posted by ssconway:
OK, so I know it appears I am being a little dense, but can you explain "There is not a question about your bonafide marriage. You are in an awkward position right now if you get denied"

I really assumed that I was being interviewed because I told them I was separated, and they simply need to determine that my marriage was entered into in good faith, which it was. So, what am I missing? Why is it that my chances are slim? I am being truthful and have not done anything fraudulent...I have consulted 2 immi lawyers who both basically said - 'you might as well try.' (Of course, these were free consults, so my best interest may not be their top priority)
On that note - what happens if I do try and get denied? I know I would get an NTA before a judge who would then...what? On what grounds would they deport me? Could I not just file again?
To be honest with you, it won't be the end of the world for me to go back to Canada - I was only here for my husband and now I understand that we may never reconcile. I just want to ensure that IF I go back to Canada, I do it in such a way that I can always come back.


Again, thank you thank you thank you to the kind souls that have replied

Ahem..."your request for the removal of the conditional basis of your permanent resident status has been approved"

They actually did not approve me until 4 days after my interview. The officer said she was unsure of how to proceed in this situation and would have to discuss it with her superiors. I was told they would mail me thier decision with 90 days. I got my letter 2 weeks later.

Lovely.

Since you are intending to get divorced, you have to tell USCIS at the interview that. Joint filing with honesty is the best bet.