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I have been married for 1 and a half years. My wife sponsored me on an I 485, I 130. My marriage started off well but now my wife and I are not getting along. We are thinking of splitting up. Is there any way I can continue my adjustment of status if we split up.
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I have been married for 1 and a half years. My wife sponsored me on an I 485, I 130. My marriage started off well but now my wife and I are not getting along. We are thinking of splitting up. Is there any way I can continue my adjustment of status if we split up. -
I might be wrong on this and I am NOT as verse in immigration matters as many other posters on this board but here is my take on this:
you have filed base on the marriage to your wife, when you go to the interview do you intent to lie how your relationship is?
Assuming you lie and you got conditional Green Card, you will have to come back again for your permananet Green Card few years later... Will your wife be around for that?
After you get your permanent (or whatever it called) GC, you have to wait 3 years (can file 90 before 3 years mark) before filing for citizenship.
Here is the same question for you, will your wife stick with you for 5+ years maintaining same residence, taxes, bills and etc?...Mistake Recognized is half corrected ...Comment
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I am so sorry to hear about you and your wife splitting up.As a fellow Trinidadian I just wanted to say so and remind you that a marriage is something you should work on.Hopefully someone else who's qualified will respond soon to your immigration dilemaComment
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Trinman:
You are in a very precarious position. I am going to assume that you have had your initial interview at your local district office. If not, you will find that a seperation/divorce will be the end of your chances at immigration.
If you have had your initial interview and have received your conditional GC, then you have a few options - most of which are long-shots at best.
1) I-751 with Waiver - Hardship
Good luck with this path - get a lawyer! You need to prove that you will be worse off than other deportees (like the Gov't back home is waiting to kill you or something) I am exaggerating a bit but only a bit.
2) I-751 with Waiver - Abuse
If you are abused and can obtain documentation from certain professionals - you can apply (before the two-year period) upon the failure of your marriage. But you need documented proof (police reports, Dr. Reports, etc...) and even then it is not guarentted.
3) I-751 with Waiver - Intent
If you can prove that your marriage was legit and that you didn't get married just to immigrate - you can file (before the two year period) at the end of your marriage. But you really are going to need to prove it - Many people get a lawyers for this; some have done enough research that they are tackling this on their own. (Get a lawyer...)
And that is about it for your choices. Keep in mind that there is currently around a 16 month waiting list at the regional centers for processing your I-751. So, if you both sign a standard I-751, be prepared for a couple more years of marriage until you get your perm. GC.
It ****s and many of us are caught up in this scenario. Look at posts by myself, Aguila, Pasha? etc, etc... (Sorry guys - I don't remember who else is dealing with this situation) or simply search using 'I-751' and be prepared to read a lot of threads... We have been discussing this one for a couple of years now....
Also, read the I-751 form and instructions. It tells you exactly what is required under these circumstances...
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