HELP. WHAT SHOULD I DO?

[jossjoss 0]

My CONDITIONAL GREEN CARD was issued on 03/05/2009. My husband is american and we got married on December 2007. We married in goodfaith i was in love and all that, then well my husband started being very irresponsible with his job, leaving all the household costs to me and talkingwith girlfriends and saying marrying me was the worst he could do and so.

We separated on October 2008 in very friendly terms because we didnt want to be fighting anymore. on December 2008 he moved out of town to Nebraska..with another girl. And he promised to come back for the interview. And so he did. We passed the interview without problems the only question they asked was " Tell me how you met your wife" and i got approved.

I have my CGC yes, but everything starts turning very messy to me. He is jobless in Nebraska living from unemployment benefits. And planning to move i dont know where by august. I started living with someone else a couple of months ago.

My husband and i have 3 credit cards and 2 checking accounts on both names, the lease contract and the car & renters insurance too. And he says he'll wait so we file together the condition removal but at this point i dont know what is the best option. If we do so, or if it would be best to get divorced and file for the waiver.

I really dont know what to do. I'm pretty scared of going with a lawyer and get a wrong advise. so this is a pretty messed up situation and i would really really appreciate some opinions.

Thanks

[Kathryn41 3,205]

Collect evidence of your good faith marriage now. File for divorce and when the divorce is final you can file to remove the conditions on your greencard requesting a waiver from the joint filing condition. You can file when the divorce if final instead of waiting until 2011. While it is nice that your husband is willing to file jointly with you to remove conditions, it is basically a lie that you are together and you will be unable to produce evidence to show that the marriage continues from the time you received your green card until you have to file to remove conditions. You would be questioned about the status of your marriage and that may cause problems at the time. The most honest approach since the marriage is over is to file for divorce and proceed with the waiver. Your husband can still provide you with a letter stating that the marriage was in good faith but just did not make it and you can include that in with your evidence. Good luck.

[ready4ONE 5,400]

The best thing to do, the only thing to do, is get the divorce settled and final before filing as Kathryn41 suggested, and please remember it is always best to be honest. And do gather all the evidence you can about when the marriage was actually a happy one.

I have some concerns for you, since it sounds like you and he went to the interview but that was after he moved out with someone else? Not sure, but it seems odd they only asked one question at the interview, and I would recommend thinking back long and hard. You could have a problem with the date of separation and your AOS interview.

It is not clear if he left before you applied for AOS? If so you were at the time swearing you were still together etc. etc. Removing Conditions does not depend on the two of you still being a couple though.

The guides here have helpful instructions for filing Removal of Conditions after divorce. Good luck!

Also remember the filing deadline is 90 days prior to the expiration of your 2 year green card, so best to get things moving in preparation for that. You should not need an attorney, but given what may have been a bit of a dodgy AOS Interview it may boil down to that being your best option.