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#1
12th December 2007, 01:33 PM
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Separated now can I reapply
Forgive me if this has been answered I did do a search and could not find a solution.
I was married in May 2004 and applied for a greencard. Eventually had an interview but at the time was separated (Still am, heading for a divorce) and at the interview was told my wife (US Citizen) made the application and needed to be there, and was given a form. A few days later was sent a letter advising I was given the wrong form and there was nothing I could do, my answer would be sent shortly. The Kansas City Immigration Office have a reputation for giving forms at interviews to avoid arguements, and following up with letters of their 'mistake' so when I never heard any result I did not follow up. I have just spoken to my wife who says I am able to reapply for a greencard and should do so before the divorce is final. Can I do this? and if so under what section or form is required? Is it only separation status that applies or can I reapply for a greencard if I am divorced? I have been in the States for 6 years Thanks Andrew Last edited by zarlock; 12th December 2007 at 01:36 PM. Reason: added details 
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#2
12th December 2007, 02:46 PM
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Would you characterize your marriage to still be in good faith at this time? Then you can reapply. You cannot apply solely to seek an immigration benefit. I think this also answers your question as to what will happen if you stay separated, plan for a divorce, or get divorced.
What status are you in right now?
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Austrian citizen F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006  DO: San Antonio, TX 05/14/07: I-130/I-485/I-765 filed (USPS) 09/26/07: ID: AOS approved! 10/09/07: Rcvd GC  09/04/09: I-751 filed (USPS) 09/09/09: VSC rcvd package 09/09/09: I-751 RD 09/11/09: Check posted 09/18/09: Rcvd I-751 NOA 10/20/09: Bio appointment Last edited by austriacus; 12th December 2007 at 02:48 PM.
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#3
12th December 2007, 03:03 PM
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Since you already tried to have an interview, USCIS presumably knows you and your wife are separated. If you apply again, they are going to be very thorough in making sure you have a genuine marriage and are now back together.
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#4
12th December 2007, 03:08 PM
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To elaborate, if you apply for a green card and you no longer have a good faith marriage and apply only for the immigration benefit, if USCIS ever finds out in the future, the consequences could be a disaster. Your green card can be revoked, you can be deported and banned permanently from coming back because they would consider your application fraudulent.
Your choices are to try to save your marriage or otherwise you have to find another family or employment based eligibilty for your green card. Good luck!
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Austrian citizen F-1 >> H-1B >> married my lovely US citizen wife in Dec 2006 DO: San Antonio, TX 05/14/07: I-130/I-485/I-765 filed (USPS) 09/26/07: ID: AOS approved! 10/09/07: Rcvd GC 09/04/09: I-751 filed (USPS) 09/09/09: VSC rcvd package 09/09/09: I-751 RD 09/11/09: Check posted 09/18/09: Rcvd I-751 NOA 10/20/09: Bio appointment
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#5
12th December 2007, 03:16 PM
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Being separated and in the middle of a divorce... does not seem to me like having a good faith marriage (also expected to continue in the future).
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DO: Atlanta, GA Year 2007 5/03: I-485 Receipt Date 8/07: I-485 Approved 8/27: Conditional GC Received Year 2009 5/15: I-751 Receipt Date 9/22: I-751 Approved 10/3: Unconditional 10yr GC Received Year 2010 5/10: File N-400 for US Citizenship
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#6
13th December 2007, 03:01 PM
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more info
I did not mean to imply I am still in a good relationship with the wife, we are not (hence me saying heading for a divorce)
My question is really can I apply for the greencard because I was married to a US citizen and have been here for 5 years? I do not wish nor am I able to apply under the marriage aspect again
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#7
13th December 2007, 03:28 PM
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You can not apply because you were married in good faith. (Past).
__________________
DO: Atlanta, GA Year 2007 5/03: I-485 Receipt Date 8/07: I-485 Approved 8/27: Conditional GC Received Year 2009 5/15: I-751 Receipt Date 9/22: I-751 Approved 10/3: Unconditional 10yr GC Received Year 2010 5/10: File N-400 for US Citizenship
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