Divorce, Evidence, Chances?

[Oban 1]

Dear all,

Unfortunately my wife an I are getting a divorce. In a normal case I would feel sad or would like to hear some cheerful words, but in our case I feel that my wife needs to do this. She was never really ready to get married and she feels that she can not handle the commitment. Given that I love her I can understand why she is pursuing a divorce. However, this does of course not change my immigration situation.

My current conditional residence end on February 23rd 2010. Our divorce case is currently pending in court. I assume that I will have a decree within 30 to 60 days. Meanwhile I am preparing of course the documentation for the USCIS.

I'd like to hear from the more experienced members if I am well prepared, or if my case lacks evidence. Let me add: my (still) wife and I are on good terms. She is willing to help me in whatever way she can (as long as it is legal of course!). Given that she is willing to write me an affidavit, etc.

Please find below the list of documents / evidence I am planning to submit:

- List of places lived since immigration to the U.S.

- Copy of green card

- Copy of lease agreement showing both signatures

- Copy of car insurance policies for the last year. Showing my wife and I as insured drivers.

- Copy of documentation of our joint checking account

- Copy of joint credit card

- Copy of my wife's health insurance documentation, showing the same address as the lease agreement.

- Copy of joint tax return of 2008.

- Affidavit of a friend.

- Affidavit of another friend.

- Affidavit of my wife.

- Copy of divorce decree

- Copy of my wife's local library card (showing city)

- Copy of my wife's hospital work ID card (showing date of employment and hospital incl. city)

- Copy of various other documentation showing same address.

- Pictures of our Hawaii vacation 2008

- Couple other pictures

Unfortunately we don't own any property or have any life insurance.

Please submit your thoughts and what you think regarding the above. How are my chances? Do I have to be concerned?

Thanks in advance.

Regards,

Oban

[Krikit 1,163]

Hi Oban. I am moving your topic to the Effects of Major Changes on Immigration Benefits forum where you'll find lots of good advice. Good luck.

[Marina-Del 10]

Well first of all, I'm sorry for the situation.

Secondly, what do you want to do? Do you want to try to stay in the US on your own or are you okay with moving back to Germany?

From what you posted I think you want to stay in the US, but just to clarify....

[Oban 1]

Hi!

Yes, I want to stay. I have my job and life here, plus new friends. I have no desire to go back to Europe.

The list I provided above is what I am planning to submit with the Removal of Conditions Petition. What do you think are my chances?

[longtrip 24]

Your list of documents is fine. Don't worry a lot. Your removal of conditions will be successful. If the divorce was not provoked by NO FAULT of yours, then you will be fine. Keep praying also

Steven

Yes, I want to stay. I have my job and life here, plus new friends. I have no desire to go back to Europe.

The list I provided above is what I am planning to submit with the Removal of Conditions Petition. What do you think are my chances?

[montrealer 0]

Hi Oban!

I was in almost the exact same situation as you are! Like you, my ex and I are on decent terms and we felt that divorce was the best way to go (he definitely wasn't ready for marriage). What's even more interesting is that you moved to Mobile, Alabama...that's where my divorce took place!

Anyhow, I filed to remove the conditions on my residence (I-751) mid-July of last year. I, unfortunately, did NOT have alot of supporting evidence, since my name wasn't on our apartment lease or my ex's credit cards, etc. I sent in as many documents as I could find. So far everything is going smoothly, but I have not yet been approved and I'm getting nervous (since July is coming up soon)! I'm planning on making an InfoPass appointment to have my stay extended while I wait for a reply from USCIS, but wouldn't you know it...the InfoPass site is down LOL. Uggggh.

I'll report back if I hear anything from USCIS in the next month or so. I'm pretty nervous that they'll reject my case because of the lack of a ton of supporting evidence. I'm really hoping that they'll ask for interview, because that will atleast allow me to go in and speak to an actual person about my situation. You should be fine with your paperwork/documentation...

[Oban 1]

Hi Oban!

I was in almost the exact same situation as you are! Like you, my ex and I are on decent terms and we felt that divorce was the best way to go (he definitely wasn't ready for marriage). What's even more interesting is that you moved to Mobile, Alabama...that's where my divorce took place!

Anyhow, I filed to remove the conditions on my residence (I-751) mid-July of last year. I, unfortunately, did NOT have alot of supporting evidence, since my name wasn't on our apartment lease or my ex's credit cards, etc. I sent in as many documents as I could find. So far everything is going smoothly, but I have not yet been approved and I'm getting nervous (since July is coming up soon)! I'm planning on making an InfoPass appointment to have my stay extended while I wait for a reply from USCIS, but wouldn't you know it...the InfoPass site is down LOL. Uggggh.

I'll report back if I hear anything from USCIS in the next month or so. I'm pretty nervous that they'll reject my case because of the lack of a ton of supporting evidence. I'm really hoping that they'll ask for interview, because that will atleast allow me to go in and speak to an actual person about my situation. You should be fine with your paperwork/documentation...

That gives me some hope.

But let me ask you something regarding your case: prior to dismissing a case USCIS would ask you for more evidence, wouldn't they? I can't believe that they would simply dismiss it?!?!

Do you guys believe that an affidavit of my (still) wife will be a helpful thing for my process?

[diadromous mermaid 36]

Yes, the testimony of the initial petitioner is always helpful.

Hi Oban!

I was in almost the exact same situation as you are! Like you, my ex and I are on decent terms and we felt that divorce was the best way to go (he definitely wasn't ready for marriage). What's even more interesting is that you moved to Mobile, Alabama...that's where my divorce took place!

Anyhow, I filed to remove the conditions on my residence (I-751) mid-July of last year. I, unfortunately, did NOT have alot of supporting evidence, since my name wasn't on our apartment lease or my ex's credit cards, etc. I sent in as many documents as I could find. So far everything is going smoothly, but I have not yet been approved and I'm getting nervous (since July is coming up soon)! I'm planning on making an InfoPass appointment to have my stay extended while I wait for a reply from USCIS, but wouldn't you know it...the InfoPass site is down LOL. Uggggh.

I'll report back if I hear anything from USCIS in the next month or so. I'm pretty nervous that they'll reject my case because of the lack of a ton of supporting evidence. I'm really hoping that they'll ask for interview, because that will atleast allow me to go in and speak to an actual person about my situation. You should be fine with your paperwork/documentation...

That gives me some hope.

But let me ask you something regarding your case: prior to dismissing a case USCIS would ask you for more evidence, wouldn't they? I can't believe that they would simply dismiss it?!?!

Do you guys believe that an affidavit of my (still) wife will be a helpful thing for my process?

[rheanick 42]

Dear all,

Unfortunately my wife an I are getting a divorce. In a normal case I would feel sad or would like to hear some cheerful words, but in our case I feel that my wife needs to do this. She was never really ready to get married and she feels that she can not handle the commitment. Given that I love her I can understand why she is pursuing a divorce. However, this does of course not change my immigration situation.

My current conditional residence end on February 23rd 2010. Our divorce case is currently pending in court. I assume that I will have a decree within 30 to 60 days. Meanwhile I am preparing of course the documentation for the USCIS.

I'd like to hear from the more experienced members if I am well prepared, or if my case lacks evidence. Let me add: my (still) wife and I are on good terms. She is willing to help me in whatever way she can (as long as it is legal of course!). Given that she is willing to write me an affidavit, etc.

Please find below the list of documents / evidence I am planning to submit:

- List of places lived since immigration to the U.S.

- Copy of green card

- Copy of lease agreement showing both signatures

- Copy of car insurance policies for the last year. Showing my wife and I as insured drivers.

- Copy of documentation of our joint checking account

- Copy of joint credit card

- Copy of my wife's health insurance documentation, showing the same address as the lease agreement.

- Copy of joint tax return of 2008.

- Affidavit of a friend.

- Affidavit of another friend.

- Affidavit of my wife.

- Copy of divorce decree

- Copy of my wife's local library card (showing city)

- Copy of my wife's hospital work ID card (showing date of employment and hospital incl. city)

- Copy of various other documentation showing same address.

- Pictures of our Hawaii vacation 2008

- Couple other pictures

Unfortunately we don't own any property or have any life insurance.

Please submit your thoughts and what you think regarding the above. How are my chances? Do I have to be concerned?

Thanks in advance.

Regards,

Oban

Just to add to your list, do you have mails addressed to both of you... Something like: John and Jane Smith... It would be nice to add them up in your file.

[Oban 1]

Well... Mail addressed to both of us is an issue. Each time I asked Comcast or Alabama Power to address letters to both of us I got the answer

"Your wife is on the account, but we can only show one person on the invoice". So all my Comcast and Alabama Power bills are only showing my name, even though my wife is on the accounts. Kinda sucks!

[montrealer 0]

Yes, the testimony of the initial petitioner is always helpful.

Hi Oban!

I was in almost the exact same situation as you are! Like you, my ex and I are on decent terms and we felt that divorce was the best way to go (he definitely wasn't ready for marriage). What's even more interesting is that you moved to Mobile, Alabama...that's where my divorce took place!

Anyhow, I filed to remove the conditions on my residence (I-751) mid-July of last year. I, unfortunately, did NOT have alot of supporting evidence, since my name wasn't on our apartment lease or my ex's credit cards, etc. I sent in as many documents as I could find. So far everything is going smoothly, but I have not yet been approved and I'm getting nervous (since July is coming up soon)! I'm planning on making an InfoPass appointment to have my stay extended while I wait for a reply from USCIS, but wouldn't you know it...the InfoPass site is down LOL. Uggggh.

I'll report back if I hear anything from USCIS in the next month or so. I'm pretty nervous that they'll reject my case because of the lack of a ton of supporting evidence. I'm really hoping that they'll ask for interview, because that will atleast allow me to go in and speak to an actual person about my situation. You should be fine with your paperwork/documentation...

That gives me some hope.

But let me ask you something regarding your case: prior to dismissing a case USCIS would ask you for more evidence, wouldn't they? I can't believe that they would simply dismiss it?!?!

Do you guys believe that an affidavit of my (still) wife will be a helpful thing for my process?

Hi again, Oban!

Yes, USCIS did ask me for more evidence in March. I sent back a letter asking them to process my case without additional evidence, because I had nothing else to offer. This was really out of my control...my ex had had a tough time 'sharing' anything, much less having joint bank accounts, credit cards, etc.

Anyhow, I have not heard back from USCIS since March, and my one-year extension is up in July! Eeeek! But I got my InfoPass appointment for tomorrow morning, so hopefully I'll be able to get an extension stamp in my passport.

As far as affidavits go, I thought that an affidavit from my ex would be helpful, but lawyers all told me that the USCIS wouldn't even consider it. I was specifically told by lawyers NOT to bother, since I filed for I-751 (Removal of Conditions) ALONE. However, I did get affidavits from his parents, our marriage counselor, etc. just to be on the safe side. I don't know...maybe it wouldn't HURT for you to get an affidavit from your ex...lawyers can be wrong LOL!

Please cross your fingers that the USCIS contacts me soon...or atleast give me an interview so I can sit down and answer their questions!

[Marina-Del 10]

Get the affidavit from your ex. USCIS will look at it, lawyers are silly.

The point with filing on your own is often that you need to prove that you and your ex had a genuine relationship and that one or both of you did not enter into the marriage with the intention of this happening. In other words, it's important that you both entered into the relationship in good faith. And even if I'm wrong and they wont look at the letter from your ex, how hard would it be to get? You say you're still friends...so doesn't sound hard to me!

Get that letter. To me, it seems like the most important secondary evidence that you have. Much more important that affidavits from parents or friends.

[bhajishah 4]

Sounds like you are handling things real fine and like a real gentleman, Kudos Oban

[montrealer 0]

Hello all! Not sure if any of you are still reading this, but I wanted everyone to know I received my Approval Letter a few weeks after I posted on this forum! Then my green card arrived a few weeks later! I'm so relieved that everything worked out. Good luck, Oban! You'll be fine.

[NArocks 13]

Montrealer thanks for letting us know how it went.