Seperation question

S

sardinim

New Member
Hi,

My wife is an American citizen and we filed the complete package a few months ago, and I completed the biometric a few weeks ago.

No interview yet.

Now we are having problems at home and I am afraid that we will separate.

- If she does not cooperate to go to the interview - is there anything I can do to continue the process or is it impossible? What are my rights?

- If we do the interview and get approved, and then divorce. What happens then? Will I be able to get a permanent residency after 2 years, or must I remain married during that time, and have my wife's full cooperation in the process?

Thanks in Advance.
 
1.- None. You have no rights. You are seeking a benefit.
2.- If you divorce right away, I doubt you will be able to remove conditions on the GC.

The point of you being granted this GC is for the sake of family/marriage... trying to obtain it when the marriage is clearly not going to last would be seen poorly.
 
Since you are starting the process...if you get separated/divorce during the process your benefit (green card) is based solely on the marriage, so if that's finito...so then the benefit since it hasn't been even granted yet.

Unless you can demostrate that you both had strong reasons for divorce right away after given the green card (while your marriage was falling apart), would be kind of difficult to overcome the living-comingled marriage right after the conditional green card was given.

I am not saying that is not possible...but remember when you went to the interview you were to demostrate that you were in a marriage-living status unless you are sincere on it during the interview.

Good luck.
 
You still have a chance to get your Green Card by proving your marriage was bona fide and not a scam. It will be tougher because if you are about to divorce you won't have much to show the IO as a proof, but you still have a chance. Good luck.
 
Thanks, and another related question

Thanks a lot. It is very helpful.

It seems like we may try sticking together at least until after the interview. So here is my question:

Provided I get the conditional GC, and we stay married (on paper at the very least) for the period required. Is there any need for my wife to be proactive in the process to remove the conditions, or is it more me filling out forms and showing the valid marriage papers?

Thanks!
 
Don't know your whole situation, but if there are any kids involved, she will be denying your ability to provide for them in the future. See if she can get child support while you're stuck in some other country - good luck.

Everyone has problems and depending on how long you have been married this may just be normal stuff.
 
sardinim said:
Thanks a lot. It is very helpful.

It seems like we may try sticking together at least until after the interview. So here is my question:

Provided I get the conditional GC, and we stay married (on paper at the very least) for the period required. Is there any need for my wife to be proactive in the process to remove the conditions, or is it more me filling out forms and showing the valid marriage papers?

Thanks!
Click to expand...

So you are going to commit, at the very least, fraud? :rolleyes:
 
PraetorianXI

While we all understand what you're saying, he is being pushed into a corner. What would you do given the alternative.

I'm not judging or condoning this. Just commenting.
 
simsd said:
PraetorianXI

While we all understand what you're saying, he is being pushed into a corner. What would you do given the alternative.

I'm not judging or condoning this. Just commenting.
Click to expand...

work on the marriage, if that fails, a GC would be the least of my concerns, go back home to your own family.
 
Fraud?

What can I say, this relationship has been through so many phases, that a period of separation which will result in a rekindling is not unthinkable. No, it would not be fraudulent, just unorthodox.

Going back is of course an option I am considering very seriously, but as you probably know, moving to a new country takes a lot of energy and resources and building a new life in a new country is not an easy task. Even if the marriage really breaks down irrevocably, just going back I will be giving up a lot more than a relationship. And it just seems so unfair that she can simply decide one day to go back on all the promises and I just have to give up everything...

:(
 
Sardinim,

I see your point and I can understand where you are coming from. It is easier said than done. We are nobody to comment coz a dead person would know better to whats going inside his grave and nobody else.

I wish you all the best & I hope things workout for you.
 
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