Jesse-another question

Hi Jesse. Thanks for your input about getting a divorce before the GC conditions are removed. With that in mind, my friend has investigated the divorce laws in NJ where he and his wife reside. Unfortunately, a "no fault" divorce requires a separation of 18 months before the petitioners can file for the divorce. His GC expires 1/4/04...I know that you said it is more complicated if the divorce is not final by the time the interview comes up. What happens if he is only separated, and has not filed for divorce yet? He also found out that anyone can obtain a quick divorce in about 3 weeks in the state of Nevada. He is worried that this would look bad as far as the INS is concerned, but would this be a better option, since he would be divorced prior to the INS deadline? It's very complicated!!! I appreciate your advice.

Laurie

Hi Jesse. Thanks for your input about getting a divorce before the GC conditions are removed. With that in mind, my friend has investigated the divorce laws in NJ where he and his wife reside. Unfortunately, a "no fault" divorce requires a separation of 18 months before the petitioners can file for the divorce. His GC expires 1/4/04...I know that you said it is more complicated if the divorce is not final by the time the interview comes up. What happens if he is only separated, and has not filed for divorce yet? He also found out that anyone can obtain a quick divorce in about 3 weeks in the state of Nevada. He is worried that this would look bad as far as the INS is concerned, but would this be a better option, since he would be divorced prior to the INS deadline? It's very complicated!!! I appreciate your advice.

Laurie

Hi Laurie, You friend can get a divorce in NV faster, but as you realized it can be considered as evidence in the evaluation of the bona fides on the marriage. The BCIS could argue (with some merit I believe) that the marriage was not bona fide in the first place. The standard is whether the marriage was bona fide in the first place. So if your friend has a child with his wife, or has other good evidence to show that the marriage was bona fide, then I think it would be fine for him to go to NV and get a divorce. I am surprised it takes that long in NJ to get a divorce.

Thanks Jesse. What is usually considered to be good evidence? My friend does not have children, but it is clear that they had a real relationship. They dated long distance between the US and Poland for a while, and then his wife (the USC) actually moved to Poland for a year to be with him. They married in Poland, and then moved back to the US 6 months later. Since then, they have lived together, gone on vacation together, etc. Of course he has proof that they have lived in the same home since he has been here...driver's license, lease agreement, joint bank accounts, credit cards, that sort of thing. And I'm sure he has many pictures of their relationship together. Do you think this is sufficient?

By the way, I've read a few of the really nasty posts that have been appearing, and I just wanted to say not to pay attention to any of it!! You and the other attorneys who are so involved in this discussion board are truly helping a lot of people...I never really appreciated the anxiety and turmoil that immigrants experience during this process until my friend was in this situation, and your responses have really helped to ease his mind a bit and give him hope that this will get worked out somehow. Thank you Jesse!!

Laurie

Hi Laurie,the evidence you described is sufficient to show that thier marriage was bona fide in the first place. You friend should keep all documentary evidence to present to BCIS when he goes to the interview. Good Luck!

Oh yes, I don't have the time or any inclination to read the nasty stuff. So, by default I ignore it. Although I have been thinking of starting a moderated discussion group myself...may be some day soon.

Thanks for the info..I will pass it along and tell my friend to start collecting the necessary documents, etc.

BTW, Let us all know if you start your own discussion group so we can be a part of it.