INS Form I-751 and Interview

G

gemma

New Member
Was hoping to get some advice on this process. we are 30 days out from the filing deadline. My husband and I (I am british and looking to get the conditions removed from my green card - my husband is american) are currently going through a trail seperation and not living together. We entered our marriage in "good faith" and can prove this with affadavits, letters, photos, leases etc. However, we have not been living together since last month and therefore do not have a lease together. We are hoping to stay married and get back together after this trail seperation. I am not sure the INS will buy thing however.
We are not sure what to do. Any suggestions?
 
As long as your separation is not legalized, and there is no pending divorce, and your husband is willing cooperate, and both of you are planning to work out whatever problem you have and get back together, there should be no issue.
Just file I-751 together with everything that you got in both names and
Good luck!
 
I agree with Jane....if all your papers and documents look good you might just want to go ahead and file for the removal of conditions at the earliest. I hope your hubby understands and sticks by you through this situation.

I think the burden of proving that you married in good faith and that this problem is a later development might need a lot of effort and convincing which I think is best avoided if possible.
 
Wow, thank you for the replies already! We have photos from wedding and honeymoon and other trips, we have leases up until september 2005, we have a joint bank account, only recently got joint car insurence. We have wedding cards from people and i am looking for records of journies to UK and his parents and other trips, etc. I am in process of getting affadavits from my dad, his brother, and friends of ours. we have a joint PO box.

do you think that is enough?

our last lease acually doesn't have an end date on it...

...but we need to put our address on the form....should we say we are seperated? Not sure how to avoid it without "concealing evidence"....

what do you think?

has anyone been through this process recently?

argggh!

many thanks and really appreciate any feedback and advice.
 
Don't mention trail seperate. Trail seperate is not seperate. But if they ask you will have to tell them. Talk to your husband, let him understand the situation, put his address same as yours, try to work things out with him. Hope everything will be good. Good luck!
 
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I agree with Zlin, don't mention a word about the separation. If they ask, try to be evasive. When it comes down to it- it's really up to you to tell them the truth or kinda twist it a bit. I'm a strong believer in the fact that telling the truth may not always be best- but that's up to you- you have to know your situation. It's not so much about a twist of him not being there, but why?

Have you found out about the process to remove conditional status?
I was under the impression that the Q&A was over and it was just a matter of submitting forms.

I hope you were still filing jointly. I wouldn't worry about the lease, it doesn't have to have both names- just be prepared to answer the why part just in case- I just hope he has not done a change of address at work. A different address on his pay stub will really mess you up.

I'm really happy to hear that he's still going through with it. Just grin and bare if you have to for the next month. Your close to home so just stay focused and you'll be fine.

FYI- for my first interview the officer said that having a FL drivers license with a diff address conflicts with the fact that I live with my husband. I still had FL for no good reason- thing is it was in a different state and I do live in NY so he would have a hard time proving that I have anything else in FL. Any documents showing a different address is a red flag . If your documents are as such- be prepared.
 
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My husband is very supportive and will be at the interview (*if* we are called in for one - hopefully we won't be...). We now live in Boulder, CO. We got married in Austin, TX and sailed through the initial green card interview and got green card very quickly.

He has had many changes of work over past year and so have I...why would this be a problem?

We have driving licenses in Colorado both with our post office box address. We use our post office box for as many things as possible, becuase we have moved around a couple of times and it makes things easier....
 
gemma said:
My husband is very supportive and will be at the interview (*if* we are called in for one - hopefully we won't be...).


"Is a Personal Interview of the Joint Petitioners Required?
You and your spouse must appear for a personal interview at the district office that serves that area where you live. However, the director of the regional service center where you file your petition has the discretion to waive the interview requirement. The director will review the petition to determine whether an interview is required. If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, he or she may waive the interview requirement and approve the petition. If the director is not satisfied of the validity of your marriage based on the petition, he or she will forward the petition to the district office to conduct an interview."
From www.uscis.gov
Click to expand...
 
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