not living together...

Z

zaff1981

New Member
Hi everyone! I'd like to thank you all for your time beforehand.

Here's my situation. I married USC in March 2005. We lived together until sept. 2005 and my wife broke up with me. I did everything to save my marriage (not because i needed my papers done, but I really love her), but she doesn't want to live with me anymore.

We filed my documents early in June 2005 and everything is still pending. Now we live in different states seperately, although we are still legally husband and wife. I entered the marriage truthfully, but now I don't know what to do. Do I have any chances to get my work permit, green card? Any comments or/and suggestions would be appreciated very much!
 
You probably will get EAD(valid for 1 yr). As far as green card, you need to go to the interview with your wife and have all documents to prove that you live together. Otherwise they will not approve your GC.

It doesn't matter if you're still legally married or not they want to see the establishment of the marriage not just the married status.

So the best advice that I can give you is talk to your wife before it's too late or before the interview date scheduled. Good luck.
 
zaff1981 said:
Hi everyone! I'd like to thank you all for your time beforehand.

Here's my situation. I married USC in March 2005. We lived together until sept. 2005 and my wife broke up with me. I did everything to save my marriage (not because i needed my papers done, but I really love her), but she doesn't want to live with me anymore.

We filed my documents early in June 2005 and everything is still pending. Now we live in different states seperately, although we are still legally husband and wife. I entered the marriage truthfully, but now I don't know what to do. Do I have any chances to get my work permit, green card? Any comments or/and suggestions would be appreciated very much!
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The thing is that she is going to need to show up with you for a couple of interviews, so if you guys aren't together anymore and she isn't willing to show up, I don't think there is any hope of you getting your green card. Your case may be dropped all together.
 
She doesn't seem to be cooperating in this case. But I'm trying to talk her over. She says that she doesn't want to lie and mess with immigration, although she admits that it was not my fault.

Anyway, I'll try to make her agree to go to the interviews with me. I just want to prepare myself for worse case scenario. So, is there anyway to prove that I entered the marriage in good faith even if INS will reject my case? Because I really don't see my fault in this situation, concerning the fact that I still want to be with her and live together. Don't I have any rights at all, just because I'm an immigrant?? Is there any way to take this case to court?

Thank you all once again for your advices and uggestions!
 
I called my lawyer today and asked to call INS to get information about my case. He gave me a call back saying that they took all the details of my case. He says that USCIS told him to wait 30 days from now and if we'll hear nothing from them we have to contact USCIS again.

Is there any explainations for such long wait? cuz here are the dates when my docs were accepted by them:

08/10/2005 I485 Application to Register Permanent Residence or to Adjust
Status

7/05/2005 130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

08/09/2005 I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION
 
Hello Zaff,
even if you both do decide to show up at the interview together just so she can help you get your gc, you will get your 2 year conditional gc. After 2 years, you will have to apply to remove conditions or your gc will be cancelled. At that time if your wife and you are not together (god forbid), will she be willing to help you again?
So dont get me wrong but unless your plan some rapproachment with your wife with a view to setting the marriage back on track, you are better off looking for some other alternative to getting PR, like maybe working and then convincing your employer for sponsor you or something like that. My two cents
 
I agree with the last reponse. You better look on other ways to remain a resident. I had to interview 2 yrs after my marriage to remove the conditional residence and become a legal permanent resident. Even then, the interviewer was very tough, asking very personal questions and being verey doubtfull.
Good luck
 
Based on one of my friends experience I would say if Zaff's is able to get his PR once
He can save it even if his wife does not really co-operate albeit you will have to fight hard. My friend convinced the court that he did not enter the marriage just to gain status and the court agreed and he is going to be a citizen soon.

I would say give it a try, if your wife agrees to go the distance of immigration interviews.
 
lively said:
Based on one of my friends experience I would say if Zaff's is able to get his PR once
He can save it even if his wife does not really co-operate albeit you will have to fight hard. My friend convinced the court that he did not enter the marriage just to gain status and the court agreed and he is going to be a citizen soon.

I would say give it a try, if your wife agrees to go the distance of immigration interviews.
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But if for any reason, he can not convince the court that he did not enter the marriage for GC then court will deport him. It is better if he can find other options like H1B to GC. That way there won't be any uncertenity and he will have a peace of mind.
 
I agree with the guys saying that you should maybe try to find another way to get your papers. Look at it from Immigrations point of view, they allow you to adjust your status that's if you and your wife are still together, with you being married to a Us citizen and her filing for you, she is putting her influence as a citizen of the country into you getting your papers.

It would be different if they allowed you to file by yourself once you are married to a us citizen--I don't know why they don't allow that-- but it's just the rules, man. It's tough, immigration is a pain in the neck but I really think you outta find another way because like the other guy said you may face deportation.

IF YOU CONVINCE HER TO GO TO THE INTERVIEWS AND FILL THE REST OF THE PAPER WORK YOU GUYS NEED, WHEN SHE'S NOT REALLY DOING IT FROM THE LOVE OF HER HEART, YOU CAN GET IN TROUBLE BECAUSE THEY'LL LOOK AT IT AS YOU'RE TRYING TO DECEIVE IMMIGRATION. ALSO, THIS FORUM IS A GOOD PLACE TO GET INFORMATION BUT IF I WAS YOU, I'D KEEP MY MOTIVES TO MYSELF BECAUSE YOU NEVER KNOW WHO'S OUT THERE SPYING ON THIS SITE.

LOOK AT THE KID FROM OHIO THAT GOT DEPORTED JUST BECAUSE HIS FATHER TOLD HIM THAT HE FILED FOR HIM WHEN HE DIDN'T. THE KID WENT AHEAD AND CALLED USCIS ONLY TO HAVE THEM COLLECT HIS ADRESS INFO, THINKING THEY WERE GOING TO HELP HIM. A COUPLE OF DAYS LATER THEY ARRESTED THE GUY. SO BE MINDFULL WITH WHATEVER YOU'RE SAYING.
 
I understand everything Chills, but it's just so unfair. Because, I DID enter the marriage in good faith, and it's the most important truth for me and I'm not saying this to impress somebody or something. If they'll deport me, then, it's life. There are some things which we can't control, I understand it, but I don't want to give up. I don't want to give up because I was trying and doing everything legally and honestly. But now, I'm the one who's gonna pay for everything and it HURTS.

I've been through deep psychological pain after she broke up with me because I loved that person and may be still do. I wouldn't bother myself looking and searching for help in this kind of forums if I knew that everything is right and fair...

I just thought, since it's popular place for this kind of issues, MAY BE somebody is dealing with similar situation like mine and I wanted to exchange information about what to do next.

I really do appreciate your (all) concern!
 
WAVA act, for spouses of US citizens

Unless you prove, that your spouse mistreated you, abused you mentally or phisically, good luck. There is a special provision for spouses of US citizens, (WAVA act) who have been battered or abused by their husbands or wives, and there is no way that these two people can live together, then the Immigration could give the GC. Do some research. Good luck
 
I'm sorry your marriage is on the rocks zaff. I don't have any further immigration advice on this, but I am worried that you think that living in the USA is the only way to go. I am a USC by birth, I love my country, I would be heartbroken if I couldn't live here, but I would hope to survive and be happy anywhere I am. I don't really see a way you will get AOS in this case, so maybe you should think about why you want AOS and try to get that another way. You could try employment based AOS if you must live in the US. If you just want to be in a developed western country you might have enough points for Canada. If your AOS falls through, you could always voluntarily withdraw it, deporation does not have to become an issue!
 
canada68 said:
Unless you prove, that your spouse mistreated you, abused you mentally or phisically, good luck. There is a special provision for spouses of US citizens, (WAVA act) who have been battered or abused by their husbands or wives, and there is no way that these two people can live together, then the Immigration could give the GC. Do some research. Good luck
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you are absolutely correct.
 
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