Hey everybody,
I have a serious issue going on at the moment. My wife and I have been married a little over 2 years, and my conditional green card will expire March 17th. In the last year we've been having serious issues in the marriage and at this point it just doesn't seem to be working. We've tried counseling in the past, which worked for a while, but other issues kept piling up.
I was under the impression that the I-751 waiver could be filed in situations like this with proof that the divorce has been filed, but hasn't been finalized yet, and that when the divorce would be final, you'd have to file the whole thing again. This was to let immigration know that you are trying to comply with immigration law, but to notify them of the situation. I'm pretty sure I heard this from the person I got my lawyer through. I talked to that lawyer yesterday, and he denied every saying that. What's worse is that he said you can't get an extension at all. That INS simply doesn't care in this case. He said the only choice I had was to try to keep the ball rolling with my wife and file it that way, and then get a divorce after I receive my unconditional green card. He said under no circumstance can you file the waiver, unless the divorce is final. Which would put me far over my expiration date. Making me illegal and not able to work anymore. In other words, I would be out of status and have to leave my life here in the States. Does anyone have experience with this, or does anyone know more? Is that really the only way?
Many people will argue to just tell my wife that I want to try again and hold on for another 9 months or so, when I would get the final green card. This is a huge dilemma for me. At the one hand I really want to stay here, I have a good job here and have built up a life. If I would look solely at myself I could be selfish and keep her in the dark about this. (I haven't told her I wanted to get a divorce yet, that was supposed to happen tonight). Then I could divorce her after the green card comes. But I'm at a point where I don't want to live lies anymore. I don't want to lie and go behind her back. Out of respect to her. I'd have to live with that the coming months, and after that. We have our problems and things are not working, but it's not like she's pure evil and I hate her. (That would've made it much more simple). So I can embrace truth and tell her the whole story and ask her if she would stay with me until the green card, and risk the fact that she'll just say no, knowing that it will force me to leave everything here and leave the country. Or I can pretend like it didn't happen for the next 9 months or so, and then leave her. All the while risking the fact that she'll find out during that time, if not when I would leave.
Anyway, I hope I can get some input from people here.
Thanks.
I have a serious issue going on at the moment. My wife and I have been married a little over 2 years, and my conditional green card will expire March 17th. In the last year we've been having serious issues in the marriage and at this point it just doesn't seem to be working. We've tried counseling in the past, which worked for a while, but other issues kept piling up.
I was under the impression that the I-751 waiver could be filed in situations like this with proof that the divorce has been filed, but hasn't been finalized yet, and that when the divorce would be final, you'd have to file the whole thing again. This was to let immigration know that you are trying to comply with immigration law, but to notify them of the situation. I'm pretty sure I heard this from the person I got my lawyer through. I talked to that lawyer yesterday, and he denied every saying that. What's worse is that he said you can't get an extension at all. That INS simply doesn't care in this case. He said the only choice I had was to try to keep the ball rolling with my wife and file it that way, and then get a divorce after I receive my unconditional green card. He said under no circumstance can you file the waiver, unless the divorce is final. Which would put me far over my expiration date. Making me illegal and not able to work anymore. In other words, I would be out of status and have to leave my life here in the States. Does anyone have experience with this, or does anyone know more? Is that really the only way?
Many people will argue to just tell my wife that I want to try again and hold on for another 9 months or so, when I would get the final green card. This is a huge dilemma for me. At the one hand I really want to stay here, I have a good job here and have built up a life. If I would look solely at myself I could be selfish and keep her in the dark about this. (I haven't told her I wanted to get a divorce yet, that was supposed to happen tonight). Then I could divorce her after the green card comes. But I'm at a point where I don't want to live lies anymore. I don't want to lie and go behind her back. Out of respect to her. I'd have to live with that the coming months, and after that. We have our problems and things are not working, but it's not like she's pure evil and I hate her. (That would've made it much more simple). So I can embrace truth and tell her the whole story and ask her if she would stay with me until the green card, and risk the fact that she'll just say no, knowing that it will force me to leave everything here and leave the country. Or I can pretend like it didn't happen for the next 9 months or so, and then leave her. All the while risking the fact that she'll find out during that time, if not when I would leave.
Anyway, I hope I can get some input from people here.
Thanks.