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**shayla** · 03-27-2005, 08:25 PM

Hi everyone,
I came to US on F1 visa on sept. 2001 and married a US citizen on Oct. 2003. We met in a class at school, started dating and then decided to get married since we were both in love. We both entered the marriage in good feith.
a month ago I came home to see that he has brought a truck and moved the furniture and all our documents out of the house while I was not home. And this was while he had not told me anything and he was not complaining about anything. I was shocked for weeks and did not know what has happened. Now I know that I can trust this person anymore and want to get a divorce.
My second year annivarsry at which we were supposed to file the I-751 to remove condditions is coming up in Nov. We are now living seperatly from each other and I want to file for the waiver of joint filing. I also know that You can file for a waiver unless the divorce is complete and mone is not. Do you know what I should be doing about this?

I really appreciate any kind of help and advice.
Thanks,
Shayla

**mamon** · 03-28-2005, 01:11 PM

You cannot really file alone until you are divorced. On the other hand it would be a lie to file joint when you are separated. But couple fight and part. This is life

**shayla** · 03-29-2005, 08:18 PM

Thanks for replying.
So what do you think should do. The problem is that in my state you have to stay separated for one year before being able to get a divorce.
The problem is in about 8 months I have to apply to remove conditions and if I don't my green card will expire and everything will go wrong with my job.
What do you think I should do? I will really apprecite you ideas....

**mamon** · 03-30-2005, 09:53 AM

Again, you have two solutions:
1. reconcile with your spouse and file joint. But beware, if there is an interview and he/she does not show up, you will be denied automatically. And you will have to explain why you file jointly when you were planning to get divorced. The other option will be to file jointly, start your divorce procedure, then file a second time waiver with a letter of explanation of the divorce. You definitely need an attorney;
2. File alone which is almost impossible. Start the divorce and the case will be denied. But dont panick, the April 10 2003 memo clearly state that you can request a continuance from the IMMigration judge until divorce is decreed.

In any way, if the interview comes up, prepare yourself to prove your bona fide marriage.

Good luck
mamon

**shayla** · 03-30-2005, 05:47 PM

Thanks Mamon. I think I will most probably go with the second option. My husband and I are not really talking since he had been lying to me for 2 months or so about everything. Even if he is willing to sign it, I would not want him to. My husband left me without even telling me, I came home one day and nothing and nobody was home. He took all the documents that we had. I have gathered some of them again on my own.
I will go with the second option and take all the documents that I have like house deed, mortgage policy, phone bills, gas bills, charles schwab statements, bank account statements, health insurance policy, car insurance statement and pictures.

Thanks alot,
Shayla

**Pasha Patel** · 03-31-2005, 06:30 PM

Hi shayla...

if u r leaving separately ....first file for divorce....and make a post to AGUILA...he is master in this kinda situation..he will guide u further....if u happen to have little bit of time and want to read more abt such cases / situation ...then visit the following link...good luck...Pasha

sorry the search feature doesnt work...so u gonna have to work hard and find a post by me I 751 info/source or something like that ...and there are lot of links directing to the same issue...good luck...Pasha

**mamon** · 04-01-2005, 09:41 AM

I would agree with Pasha, filiing the divorce in your case will be the only option. But remember what state you are in. Sometimes, divorce may take years. In case it is a messy one like my divorce, I had to bifurcate the divorce - thus my status of divorcee was pronounced in 6 months but the assets was just finalized few months ago.

Good Luck
mamon

**shayla** · 04-02-2005, 06:17 PM

my problem is that I can not get a divorce before one year od separation.In this state you have to stay separated for one year before you can get a divorce. So the 90 day for filing the I-751 is coming up while we are separated and there is no way to get a divorce before that. I also do not want to ask him to sign it.....so I guess I just have to file it on my own and I know that it is going to be denied and then I guess I have to appear in front of the immigration judge and ask him to extend my green card untill my divorce is finalized and then I can file the I-751 again. Am I guessing right? Does any of you know anyway around this?
Thanks,
Shayla

**marmaduk** · 04-03-2005, 10:10 AM

Is it possible to delay the I-751 interview until the divorce is final? Note I'm nowhere an expert on this matter, just throwing an idea.

**shayla** · 04-03-2005, 12:28 PM

I don't know. I hope Pasha patel or Aguila answer this question... is it posiible to do this?

**Pasha Patel** · 04-04-2005, 03:59 AM

Hi shayla...

Sorry abt ur situation... you have to file for I 751 in November 2005 and u got married in October 2003 ... so after marriage u got the green card in maximum 3 months? ... that was pretty fast...usually AOS takes a while as per I read experiences...congrats tho...

I will try to cover the things that I know from my experiences what I have read on this and other discussion boards...

If he doesn't sign the papers then it is hard to delay the interview because I have read that people have filed joint petition and then applied for divorce and when the interview came they have requested immigration officer to wait until the divorce gets finalized ... but if he doesn't sign the I 751 and u cant apply for waiver then u r pretty much through... sorry to say that...

There are 3 types of waivers.... Good faith / battered spouse and hardship waiver... for last 2 u don't require a divorce to file but u have to have strong proofs to file those waiver. The best option good faith waiver can be filed if the divorce has been finalized and u have the divorce decree... u will still need proofs to show that u entered the marriage with good faith and not to get immigration benefits only... like proof of staying together, mortgages, rent, joint tax papers etc etc.... hardship waivers are almost impossible to get success on...

My advise to you is this... if it is impossible to get divorce without one year separation in state u live then talk to him calmly and if he agrees to sign ...that's the best bet for you...once u file the joint petition u can go for divorce process... coz I 751 will take a while too before ur turns come to be adjudicated... I have been waiting for more than a year now... once ur divorce is finalized...u file a new I 751 good faith waiver...but his signature will give u the time period u will need for ur divorce... if he doesn't agree then it will be hard may be next to impossible...I don't know what should be done in that situation... in one post there was a discussion about vegas divorce ... so try to read all the links that I m giving and find out if that works out for u to get a quick divorce... sorry I don't have time to do the search work...its in one of the links I have given...but then again he has to agree for divorce... otherwise u have to file battered spouse waiver if u have evidences and if u had been abused during the relationship.... Talk to him nicely and discuss the matter properly...

If nothing works out then people will jump on me to give u this advice but if u happen to meet someone good for u...marry him and file for AOS based on other marriage...u will be asked lot of questions and u will have to prove the bonafide intent of second marriage...but from what I have read... people get success...

As u have the green card now...u cant switch to H1B anymore that's what Sammy told me when I had problems with my marriage... coz u have already shown your immigration intent.... Try talking to lawyer if u can still switch to F1 if nothing works out for u.... wish u all the best...Pasha

Visit this link...

http://discuss.ilw.com/eve/forums/a/...01#53810238901

**shayla** · 04-04-2005, 07:22 PM

Pasha,

Well if I can't get him to sign it... then I guess I can just file for a waiver on my own. I know that it will be denied but at least until lit is denied I will have my green card extended and have permission to work. When it is denied as far as I know you can appear in front of the immigration judge and tell them that it was not your fault that you could not file jointly(in this case I am assuming that it is not my fault since we are separated at that time )and ask the judge to give you the chance to file after your divorce is complete. if teh jusdge agrees then he will extend your green card untill a decision is made on your I-751 case. Then I will file the waiver when I get my divorce and after that it will the same story as the people who had their divorce before filing for I-751 or filed jointly and then got a divorce.

This is what I am thinking please let me know what you think.I mean I think there should be some way for people who have this separation problem and can't get their spouse's signature on the I-751 form.

Shayla

**Injoy** · 04-04-2005, 09:23 PM

shayla,
Complicated situations need brave decisions, I've been in the same situation, luckily, I got approved without interview, we're not here to give you an advice on how to fix your marital problems, but the first option that you have is to confront your husband with the immigration status, if you didn't get a serious positive response, go for the divorce immediately, to stay married and your husband refuse to sign the form will not help your immigration status, even if he signs and refuses to show up at the interview in case you are to be schedule for an interview will get you a denial.

**shayla** · 04-05-2005, 12:31 PM

Well, do you think the scenario I described in my previouse post will work. I mean when I get denial then I will get a chance to appear in front of the immigration judge and tell him that it was not my fault that I could not file joint. And then I can rpobabley get an extension untill I get a divorce and then file for a waiver.
What I am saying is that there is probably some way for people who are separated to file without their spouse's signature.

The other thing is if I only sign it myself and then send it in. it is going to take some time before they make a decision on it and deny it, by then I might actually get a divorce and file for it again using the waiver.
Also even if my husband agrees to sign with me .. I don't thik we can go to the interview together because we both know we want a divorce......
Please let me know what you think .....

Shayla

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