I need your advice please :)

[felipe osorio 0]

hey guys, me and my wife have decided to separate in good terms and I don’t want her to lose her green card over this so that's where I need your advice.

She currently has a temporary GC and has applied for the permanent one. So my questions are:

if we were to get divorced now would she loose her status or could she keep the process by herself?

would it be better if we stayed married until the process is over?

Ideally I would like to get the divorce done ASAP and just have this be over with.

She can definitely prove that the marriage was real, we have joint accounts, her car is under both our names, we have done many trips together etc.

Edited March 8, 2010 by felipe osorio

[TracyTN 237]

The last FAQ here might help

http://www.visajourney.com/faq/k1k2visa-re...tions.html#7.11

As well as this thread

http://www.visajourney.com/forums/index.ph...t=0&start=0

[v333k 59]

hey guys, me and my wife have decided to separate in good terms and I don’t want her to lose her green card over this so that's where I need your advice.

She currently has a temporary GC and has applied for the permanent one. So my questions are:

if we were to get divorced now would she loose her status or could she keep the process by herself?

would it be better if we stayed married until the process is over?

Ideally I would like to get the divorce done ASAP and just have this be over with.

She can definitely prove that the marriage was real, we have joint accounts, her car is under both our names, we have done many trips together etc.

If a divorce happens, then no, this doesn't mean that she will automatically lose her permanent residence status in the US. If you get divorced while her application is pending, then you need to notify USCIS of the divorce, and then she needs to reapply again with a waiver.

[v333k 59]

The last FAQ here might help

http://www.visajourney.com/faq/k1k2visa-re...tions.html#7.11

As well as this thread

http://www.visajourney.com/forums/index.ph...t=0&start=0

Hi TracyTN,

The links are bad... it seems the URL name conversion part didn't happen correctly... can you re-post them?

[felipe osorio 0]

thanks for the quick responses, tracyTN could you please fix the links

TIA

[TracyTN 237]

Sorry - not sure what the heck happened!

http://www.visajourney.com/faq/k1k2visa-re...conditions.html (Last FAQ on the page)

http://www.visajourney.com/forums/index.ph...t=0&start=0

[felipe osorio 0]

thank you so much

[Brother Hesekiel 2,236]

Unless you are okay with committing fraud, filing jointly requires the couple not only to be still married (happily) but also to live together.

If that's not the case anymore, it's better to file for divorce quickly. Once the divorce is final, your wife can (and is expected to) file the I-751 immediately. If she can prove that she entered the marriage in good faith, she should have no problems getting the 10-year Green Card on her own.

[HeatDeath 431]

Unimpeachable honesty is always the best policy with USCIS. I don't know for sure exactly what a joint I-751 filing represents to USCIS, in terms of the health of your marriage [i would have to read the form and instructions in detail, as you should now], but if a joint I-751 application is representing to USCIS that you are happily and stably married and cohabitating, and you aren't, than you probably shouldn't do that.

USCIS seems to lack a category for I-751 filings for separated people. They really only acknowledge the states of married and cohabitating, and cleanly divorced. If married and cohabitating, they expect you two to file jointly. If cleanly divorced, the GC holder can file on their own at any time. The onus will be on the GC holder to prove that the marriage was entered into in good faith. If they can show that, they get their 10-year GC, no problem.

I would imagine that a notarized affidavit from the ex-husband, affirming that the GC holder entered into the marriage in good faith, would go a significant way towards helping them show that to USCIS.

Edited March 9, 2010 by HeatDeath