Help--i751 while separated (but not divorced)

K

kookaburra49

New Member
I would appreciate some input on my situation, to weigh my options.
I am on conditional GC, expiring in June 2010. In the meanwhile, my marriage is falling apart. We have been physically separated for 2 months, although not legally separated.

My options seem to be
1. Finalize divorce before filing i751 with a waiver
2. File i751 jointly, even though we are not living together (but keeping joint bank accounts, health insurance, retirement assets, etc).

We lived together and married for 3 years until this May. We have no children or major joint property.

Which option is safer? Are there any other alternatives? I'm from Japan, so I don't think I can claim hardship of any kind against deportation (I can apply for H1B anyways, but would like to be on GC, of course).

Thank you very much
 
You have 9 months for your I 751 application.Its upon you to decide if you want to continue with the marriage or get a divorce or come to agreement with ur spouse.Physical separation is not an issue as far as I know when its time to remove conditions only legal separation is.
Depending on ur state and the time it takes to get the final divorce decree and ur decision to divorce or not u have to decide what you want to do ?

As all the lawyers online say you don't have to be in an unhappy marriage just for the sake of greencard.The basic USCIS will look at is if the marriage was "entered" into good faith you are married for 3 years thats more than a proof .. with marriages breaking in 3 months or 3 weeks .. sometimes.

If its really not working out start divorce procedure as soon as possible and try to get an uncontested divorce and apply I 751 waiver immediately .I have been reading that if u have enough evdence to prove the marriage was "entered" into good faith these days the process is very fast sometiems faster than jointly signed I 751.
 
thank you Smiriayl,
The way things are going, we will not agree to divorce yet, because she needs my health insurance and tuition benefits (i'm a professor, she is a student at the same U), even though she doesn't want to work on the marriage.

You are absolutely correct: I married for love, and I don't want to be in marriage without it. Whatever happens, I will do my best to appeal for "good faith."

But again, she is not agreeing to divorce without me hashing over ridiculous amount of spousal support (according to lawyers I have spoken to), and finaincally, it seems the easiest to go back to H1b... very rare, but I think that can happen... No?

So your opinion is that it is BETTER to file i751 after divorce than during separation?
Any other opinions from others?
Thank you so much
 
I am not a legal expert in divorce but I am sure there is nothing called she is not agreeing to divorce or anything .One spouse appeals for a divorce other agrees or fights for it in court.Its for the judge to decide to grant you divorce or not.
h1b or Green card if the judge decides on spousal support you have to give no matter what and falling back to h1b means you have to look into the quota for that year and the fiscal year starts in October .
Also the longer the marriage the longer the spousal support so it makes sense to cut off if its not workign as soon as possible.
 
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