Separation/Divorce before Removal of Conditions -- Please advise

[diadromous mermaid 36]

Does he drive? If so, what address does he have on his drivers license? What about hers? Does it share the same address? Does the auto have an insurance policy? If so, can he get copies of those policies? What about the checking account? Can he get copies o cancelled checks for some of the utilities that are in her name paid by check with his address on it? Does he receive mail at the marital home address? Surely, if she gives him little spending money then he must turn over his paycheck to her. Does she put that in the joint checking account? Does he have statements to show that they both deposit money into the account? You have to tell him to get creative in painting the whole picture.

Impossible question to answer, but, if you will....use this exercise.

Line up all the evidence you have on the table. Chronologically. Now sit back and determine from considering each piece of evidence from the date of your marriage until the most recent piece of evidence you have what kind of picture it would paint of your relationship with your spouse.

Does the picture appear to show, clearly, that you and your USC spouse lived together during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the financial obligations of the marriage?

Does the picture appear to show, clearly, that you and your USC spouse jointly shared in the proceeds of the marriage (in terms of income and assets) during that entire time?

Does the picture appear to show, clearly, that you and your USC spouse were willing to provide for the other in the event that either of you were to die at any point in time?

The waiver process is not at all unlike the process for alien's that are still married to USCs. The form is the same, the evidentiary requirements the same, in fact, once the alien is divorced no further evidence can be accrued to demonstrate the "bonafides" so chances are an alien filling out a waiver will only provide evidence from the date of marriage to the date the divorce was final.

If a alien doesn't have much evidence then the process can become complicated. One element of evidence is Affidavits from friends and family members that attest to the genuine nature of the former marrage, which can help.

I'm going through the same thing. We've been married since 2006, got my conditional card in May, and we separated in Dec. I'm the beneficiary and she is the USC. I did *not see this coming, and I am going through a very tough time now; we are as bona fide as can be, and she just gave up on us. She said she wasn't happy. She also wrote an affidavit attesting that we are bona fide; we have so much evidence.

Also, it was SHE that wanted to divorce; not me. I was in utter shock. And I'm going through massive grief therapy. I'm freakin' falling apart here.

Also, mermaid, do you recommend I get a laawyer to help me? I'm still on conditional greencard.

HOw much evidence is too little evidence? And how much evidence is enough? I know the more you have the easier it is to prove your case, but just so we have a rough ballpark.

Oi! A very useful exercise indeed - but what would you think if you were simply presented with evidence of joint banking accounts (2) accounts over the span of that time, health insurance, car insurance, jointly filed taxes, letters they had written in the past, photos of their courtship, and a Title to a Car? I believe that is all he has, since she bought the house before they were married and refuses to add his name to the title; the utilties again are all in her name, and I guess there's no point to putting his name on them; and I'm positive she's too cheap to purchase life insurance. If that evidence were to fly, I would think the USCIS would have to know the story, right? Or is that enough? You seem so knowledgeable about this area!

[venusfire503 54]

http://www.cis.org/marriagefraud

Wow. I scanned through that, and saw that one suggestion was to get rid of the K-1, and require the couple to get married in the foreign country. I'm already married, so it won't affect me, but I have heard that in some countries, at least in Morocco, it can easily take 3 weeks to do everything required for a USC to marry there. I visited my SO three times before he got his visa, but was never able to go more than about a week and a half at a time - and I was in a unique position of being able to do even that. Flights to Morocco are very expensive, and many people are lucky to go once or twice. It might not actually be very practical for some couples to manage to get married unless they do so in the US. Since a visitor's visa is next to impossible to get from there, I wonder how some couples would work around it if the K-1 is discontinued? I know it's possible - others have done it. But it seems it could make it very difficult and time consuming for some.

Yikes.

venusfire