Legal separation OR Physical separation

[EM_VisaJ_2015 1]

Hello,

I filed a 751 waiver for divorce.

Married April-2012

CR1 November-2012

Physical separation - On and Off from May 2013 to Sept 2014 due to wife's infidelity

Legal Separation court document signed - October 2014

Final Divorce- December 2014

So what date will IO's take into consideration

[Chris&Angel 5]

Probably your Divorce Date.

[tuckin14 58]

I don't think is matters what date they consider.

What matters is whether you married in good faith. However, it seems likely that they would not expect you to engage in the usual "good faith" aspects of marriage once you became aware of her infidelity.

[EM_VisaJ_2015 1]

Thanks,

I hear mixed reviews about this, maybe Sandranj the attorney can respond

[Darnell 8,478]

final divorce date is what matters,

but then you must ask yourself - it matters in what context?

if you are seeking a 751 with the waiver, and you are seemingly past your 'file by date' if you were married,

then what?

did you file as married or tick the box for divorce?

include any letters of attestation about the divorce process calendar for you ?

is there more info in your prior posts?

[Sandra G. 5,016]

USCIS will consider if you entered into marriage in good faith (bonafide marriage). The length of the marriage is not important, but you have to prove bonafide marriage. You should explain why the marriage ended. If you have evidence of infidelity then submit to USCIS. If your family and friends knew about the infidelity ask them to give affidavits stating that and about the bonafide marriage.Submit proof of commingling finances and commune residence as well.Do not forget to describe in details the Courtship,because it's very important.

If you are in good terms with her then ask her an affidavit stating about the marriage and infidelity. I had one case the husband gave the affidavit stating that he made a terrible mistake that destroyed his marriage(infidelity).She had the GC renewed without interview. She submitted a bunch of proof regarding a bonafide marriage, not just affidavits and pictures.

Edited June 30, 2015 by sandranj

[Sandra G. 5,016]

Sorry I made a mistake when I was typing,please read "on good terms" lol

[EM_VisaJ_2015 1]

final divorce date is what matters,

but then you must ask yourself - it matters in what context?

if you are seeking a 751 with the waiver, and you are seemingly past your 'file by date' if you were married,

then what?

did you file as married or tick the box for divorce?

include any letters of attestation about the divorce process calendar for you ?

is there more info in your prior posts?

Darnell I already filed a waiver based on marriage ended in divorce

[EM_VisaJ_2015 1]

USCIS will consider if you entered into marriage in good faith (bonafide marriage). The length of the marriage is not important, but you have to prove bonafide marriage. You should explain why the marriage ended. If you have evidence of infidelity then submit to USCIS. If your family and friends knew about the infidelity ask them to give affidavits stating that and about the bonafide marriage.Submit proof of commingling finances and commune residence as well.Do not forget to describe in details the Courtship,because it's very important.

If you are in good terms with her then ask her an affidavit stating about the marriage and infidelity. I had one case the husband gave the affidavit stating that he made a terrible mistake that destroyed his marriage(infidelity).She had the GC renewed without interview. She submitted a bunch of proof regarding a bonafide marriage, not just affidavits and pictures.

Thanks for he time. My ex and I were on good terms at least I thought until I asked her for an affidavit after which she blocked my phone so that answers that

[NancyNguyen 1,657]

So you want her to sign an affidavit of screwing around?

[Sandra G. 5,016]

The case I posted before the guy cheated ,but he was mature enough to admit that he screwed up big time, and he gave to his ex wife an affidavit stating about the infidelity.I do not see any problem if the couple are on good terms to ask the affidavit.

Edited July 1, 2015 by sandranj

[EM_VisaJ_2015 1]

So you want her to sign an affidavit of screwing around?

The case I posted before the guy cheated ,but he was mature enough to admit that he screwed up big time, and he gave to his ex wife an affidavit stating about the infidelity.I do not see any problem if the couple are on good terms to ask the affidavit.

Nancynguyen the affidavit i asked her for is not for infidelity but for a good faith marriage.

Sandranj the issue is that she is not responding in fact she blocked me

[NancyNguyen 1,657]

Well you can proceed with all evidences you can have. She doesn't answer you is not a good sign, she might even ask for restraint order against you. Good luck.

[EM_VisaJ_2015 1]

Thank you everyone. Here's what I took. While infidelity will be a factor, the major point will be the good faith marriage at it's inception regardless of length of the marriage. got an RFE for decree and additional evidence. Wish me luck...