I-751 interview in 3 weeks...separated

[SharonM]

I came to the US on a K-1 fiancee visa. My husband and I lived together quite happily for 22 months at the same residence. My husband was offered a job which was a promotion in a different state 2 months before our 2 year anniversary which we discussed and decided he should take and I would try to find a job there and follow if it was all working out. 6 days before our 2 year anniversary we were approved for conditional residency ----yep, 6 days. (We've been married 5 years total in February)

He left and everything was fine for the first 6 months where we continued to make plans. Then I discovered he had met a woman there and had been having an affair with her. At first I was angry and sad, but he apologized and we tried to continue with plans, but everytime we would make strides forward he would make excuses. Finally it came out that while he loved me, he wasn't -in- love with me anymore.

In November of last year I had to file for removal of conditions, and I got a lawyer to talk about the best way to do it. He said the only option was to file jointly but to explain we were seperated as there is no box for that on the form and we weren't divorced. My husband wrote an affidavit to say he loved me but things just weren't working out.

In June of this year I flew to my husbands state and found out he had continued his relationship with this other woman and hot words were exchanged. On Saturday I got the letter asking me to come for an interview in less than 3 weeks at the BCIS for 1-751. Husband is refusing to come with me, but has agreed to write an affidavit. We had all sorts of evidence of bona fide marriage which I submitted with the application and in the meantime I got two more friend affidavits attesting to the marriage in the beginning.

But, I am panicking. I am frightened how this will all end up. It's one of those things that you know you did nothing wrong, and I have been here 5 years almost, but because we didn't divorce and we're at the interview stage it's all going to go wrong.

Does anyone have any experience with this? My lawyer says that it would be so much better if husband would come to the interview but he just won't. He called the immigration service and they said that if he won't attend to bring an affidavit from him to say why, but it's just making me worry. Urgh. What a mess.

Thank you all in advance.

 

[diavon]

If you can get your husband to come with you, that would the best option. If your husband comes with you, you dont even need to mention that you are seperated. Just go through the interview as if you are together (which in a legal sense you still are).

If he refuses to come with you, then you need to get a divorce and go through the process on that basis. You can still get conditions removed if your marriage is terminated as long as the marriage was in good faith. But for that waiver to apply, the marriage must be terminated and there must be a valid divorce decree. Then go to the interview and explain that you marriage terminated after you filed jointly filed I-751 and therefore you now want to go through the process alone. Your husband's affidavit explaining the same will help.

 

[SharonM]

Thanks. But, when we filed the 1-751 we stated we were separated and we lived at different adresses. We explained very clearly what had happened, we didn't lie. However, interview is in 3 weeks and we can't divorce in that time.