Advise needed- Separation while on conditional residency

I

iglauf

Registered Users (C)
Hi everyone,
Please read this, I am really in need of a good advise and apologize for long message, just wanted to give all the facts and scenarios.

I got married to USC in Sept'08. I have recieved my conditional GC in Feb'09. We were worried they get suspicious because we are very young (he is now 22, I am 23) but we lived together since '07, had leases, plenty of pictures and friends statements so interview went really easy and there was no suspitions or anything like this.
We have lived together since and have bought a house together a month ago.
However, things have not been going well due to many things (including infidelity from his side) and ultimatelly we have just separated. I have goten an apartment and he will be moving in the house we bought. We are still on good terms and he wants to help me with immigration.

So after reading all the stuff online I guess we have 4 options:
a) Live our separate lives, then file I-751 papers in Sept'10 (including morgage docs), lie that we live together in our house and sleep together, and hope it comes through.
b) Live our separate lives for awhile, then I move in the house where he lives month or so before the anniversary. We sleep in separae rooms, but go to couples therapy, make pics, etc. Them file I-751 in Sept'10 and say that "we are working on some issues" but intend to stay together.
c) We get divorsed now, I get a lawyer and apply for removal of conditional residency now by myself.
d) We get divorsed, I abandon my residency and get a student/work viza or immigate to Canada (which is currently a real possibility for me).

I just want to hear what do people with experience have to say and which scenario (out of a-c) is more likely to have successfull outcome (i.e. getting a "real" green card in a year).

P.S. Ona side note - I really want to stay in US (I have a really good job here and my parents are really old and my dream is to bring them over here as soon as possible). I don't want to break any laws or lie, but I am scared and don't know what to do. I worked really hard to be here and now everything is falling apart. Have no money to pay for the lawyer consultation bc just paid for moving out, and have money tied in the house, I also support my whole family in Russia with my salary.

Please help. Thank you so much!
 
Thank you for quick response.
What are the chances that I will get approved? We only have been married a year, thats why I am worried. Short of hiring a good lawyer and having my husband file for divorse, is there anything I can do to improve the chances? Also, what happens if you get denied? How long do you have to get different status or wind up your affairs and leave??
Thanks again!!!!
 
iglauf said:
What are the chances that I will get approved? We only have been married a year, thats why I am worried.
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If you married in good faith, you should be fine. Buying a house together is a really bad move, except for the purposes of the I-751. Please tell me your name isn't on the mortgage.

I'd spend some time in the family-based forum looking at I-751 cases where the parties were separated and/or divorced.
 
TheRealCanadian said:
Buying a house together is a really bad move, except for the purposes of the I-751. Please tell me your name isn't on the mortgage.
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My name IS on the morgage unfortunatelly. Can you please explain why this is a bad move? I mean, it clearly had some financial implications and the divorse will take longer. But is there anything other than that I should be worried about?
 
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The financial committment is the scary part. Plenty of CPR holders have had their I-751s approved for marriages that lasted just a year. The key is to prove that the marriage was entered into with good faith.

iglauf said:
My name IS on the morgage unfortunatelly. Can you please explain why this is a bad move? I mean, it clearly had some financial implications and the divorse will take longer. But is there anything other than that I should be worried about?
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TheRealCanadian, Triple Citizen - thank you so much!

I read other similar threads and have few more questions - can someone please help?

1. If I file I-751 as a waiver, looks like my hubby won't be allowed to go to interview with me? But is there a way to make that happen (I think we have way better chances proving we had real marriage if we talk to officer together)? Or can I at least include his letter (talking about our relationships and reasons for divorse) in the document packet?

2. Can I file the I-751 being outside of US? (i.e. if I get rotation within my company to Canada for a year or so and stay there on a work viza).

3. As divorse makes my card expire automatically, can I work/travel again right after I file my I-751 or only whenever I get USCIS reciept notice or only when they extend my card while decision is being made?

Thanks so much!!!!)))
 
iglauf said:
TheRealCanadian, Triple Citizen - thank you so much!

I read other similar threads and have few more questions - can someone please help?

1. If I file I-751 as a waiver, looks like my hubby won't be allowed to go to interview with me? But is there a way to make that happen (I think we have way better chances proving we had real marriage if we talk to officer together)? Or can I at least include his letter (talking about our relationships and reasons for divorse) in the document packet?

2. Can I file the I-751 being outside of US? (i.e. if I get rotation within my company to Canada for a year or so and stay there on a work viza).

3. As divorse makes my card expire automatically, can I work/travel again right after I file my I-751 or only whenever I get USCIS reciept notice or only when they extend my card while decision is being made?

Thanks so much!!!!)))
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1. You can include his letter. If for some reason if your petition I 751 denied you can bring him as witness in immigration court.
2. I guess you can if you have permanent address in US. But may not be a good idea.
3. no. card expires on the date on it
 
Indian_Citizen said:
1. You can include his letter. If for some reason if your petition I 751 denied you can bring him as witness in immigration court.
2. I guess you can if you have permanent address in US. But may not be a good idea.
3. no. card expires on the date on it
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Indian_Citizen, and everyone else - thanks a lot guys, you saved me from making quite a few really dumb things :) I really appreciate everyone's input!
 
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