My husband wants to separate when I am still holding 2 yr green card&#

[wolaile]

 

I came to the US in April 2012 under a K-1 visa and got married in May 2012. We applied to change my status in July 2012, and after my interview, I received my temporary green card in October 2012. My husband recently asked me to move out on my own because he thinks our relationship is not working, but he wants to help me get my green card by pretending we live together until he can sign the paperwork for me to get my permanent green card next year. I am worried and I do not want to lie to the immigration services.

 

Here are some details to help you understand my current situation:

When I arrived in the US, my husband was unemployed, so his ex-wife helped us by putting the apartment and all of the bills in her name.

My husband has been diagnosed with depression by a psychological counselor.

I am working and preparing to attend school by myself.

I do everything by myself, and my husband is more like a roommate that I share a bed with than a family member.

He has no interest in helping me look for work, prepare immigration paperwork, find doctors, get ready for school, or even eating with me.

He does not interact with other people, not even his family, and I do not believe he has a social life.

I have only met his sister 2 times, and I have not met any of his friends.His parents passed away.

We have a joint bank account.

We do not have joint insurance. He uses his VA benefit for his insurance, and I have insurance from my employer.

I don't drive, so I am not on his car insurance policy.

Now, he wants to separate because he does not feel any relationship is working, but he wants to help me get my green card.

He would like to write a letter about his depression and why he wants to separate and get a divorce.

I am considering divorcing him now and applying for a green card by myself (I-751), but I am not sure if that is the best thing for me to do.

He asked me to move into my own apartment.

He wants to use my address as our joint mailing and tax return address even though he doesn't plan to live there with me.

He wants to be closer to his 2 deaf children and replace the babysitter that his ex-wife lost.

He wants to live near his kids in a city that is about 30-40 miles away from where I am working and planning to go to school.

His kids and ex-wife live in an area where public transportation is unavailable.

 

Please give me some suggestions,thank you guys!

[dnoblett]

Any time a green-card holder moves they must report this to USCIS by filing an AR-11 this would probably alert them to the separation, due to sponsor spouse not filing an I-865 to report moving too.

 

There is a topic on removal of conditions in a troubled marriage here: http://candleforlove.com/forums/topic/45513-removal-of-conditions-with-a-troubled-marriage/

 

If he is willing to joint file the I-751 then would be best, it will probably result in an interview to determine if marriage was good faith, and not a sham for immigration only.

 

And yes the other option is to get the divorce, and once final you would file the I-751 on your own, again needing to prove the marriage was in good faith.

 

A good immigration lawyer may be needed to plead the case of good faith marriage to USCIS

[warpedbored]

Since you received your green card in July 2012 you're not eligible to remove conditions based upon a bonafide marriage until 90 days prior to the 2 year aniversary of the issue date of your green card. About another year. As Dan mentioned you can file to remove conditions on your own anytime but if you're going to do it based on entering the marriage in good faith it would probably be best if you were divorced. I agree it would be a good idea to get an immigration lawyer.

[newacct]

If you guys cannot get the marriage worked out, I would suggest to divorce and then applying for ROC by yourself. "pretending we live together" does not sound like a good plan; when you file for ROC they will see that you have no evidence you lived together for this period of time.

[newacct]

As Dan mentioned you can file to remove conditions on your own anytime but if you're going to do it based on entering the marriage in good faith it would probably be best if you were divorced.

In fact, you have to be divorced to file on your own, unless you're running up against the 2 year anniversary.

[dnoblett]

 

As Dan mentioned you can file to remove conditions on your own anytime but if you're going to do it based on entering the marriage in good faith it would probably be best if you were divorced.

In fact, you have to be divorced to file on your own, unless you're running up against the 2 year anniversary.

 

Correct, and if waiting for divorce to be final if it is not final before the 2 year green-card anniversary can file the I-751 before the 2 years with the joint filing waiver, and the resulting RFE should allow for enough time to get the divorce finalized to provide this to USCIS.

[warpedbored]

The one case I know much about is where the American spouse did everything he could think of to sabotage her ROC including refusing to cooperate with the divorce.He thought if she was still married when the green card expired she would be out of status. With the help of an immigration lawyer she was successful based on entering the marriage in good faith.

[Randy W]

The one case I know much about is where the American spouse did everything he could think of to sabotage her ROC including refusing to cooperate with the divorce.He thought if she was still married when the green card expired she would be out of status. With the help of an immigration lawyer she was successful based on entering the marriage in good faith.

 

Yes - even if deportation proceedings are initiated, the first step is to appear in immigrations court, where a green card is often awarded to anyone here legal (and sometimes illegally) and in good faith.

 

Green cards are by no means limited by what we read into the "law".