Should we get divorced?

[mayomayo 2]

My Wife will be up for removal of conditions in January. We are currently living in different states but see each other almost every weekend. She has not officially changed her address to her new address because we fear that the immigration interviewers will not believe we have a bonafide marriage. She also wants to get a job on the books in another state while I remain here. Will this set off a red flag? We want to keep our relationship as it is now. We love each other but living together did not work out. Is it better for us to get a divorce and have her apply separately? Is it better to stay together and explain the situation? Or is it better to keep her address and mine the same and wait until January for her to get a job?

[GandK 168]

You love each other but you don't want to be together?

Sorry but I don't understand...

[canadian_wife 1,791]

Whether you decide to divorce is a personal decision

What one should never do is attempt to defraud or put one past immigration. Doing a lot of what you are doing is simply trying to hope immigration doesn't notice. They will!

Good luck

[mayomayo 2]

The marriage was definitely in "good faith.". We were married and lived together for over a year, but needed some time apart. We still want to be together - we just don't want to live in the same physical space at this moment. We plan to do so again in the future. This is a personal decision that fits what we both need emotionally and mentally right now. The question is, will immigration authorities see this as an "acceptable" marriage as we do, or will they see it as fraud? We want to play by the books, but we don't want playing by the rules to mean that our case is not believed.

[Orando 57]

The marriage was definitely in "good faith.". We were married and lived together for over a year, but needed some time apart. We still want to be together - we just don't want to live in the same physical space at this moment. We plan to do so again in the future. This is a personal decision that fits what we both need emotionally and mentally right now. The question is, will immigration authorities see this as an "acceptable" marriage as we do, or will they see it as fraud? We want to play by the books, but we don't want playing by the rules to mean that our case is not believed.

Sounds like you'll are separated and desire to reconcile in the future. This happens with couples. I do not know how the govt will judge that situation. I am sure more experienced posters will comment.

[mayomayo 2]

To me, it seems that the best legal option given our circumstances is a divorce with statements of good faith. Does this make sense from a legal standpoint?

[canadian_wife 1,791]

To me, it seems that the best legal option given our circumstances is a divorce with statements of good faith. Does this make sense from a legal standpoint?

If you want a 'legal standpoint' you need to hire a lawyer

We just offer advice based on personal experience. But her getting a job in your state to make it look real will certainly, and quickly, do the opposite

Good luck

[TimeTravel 78]

To me, it seems that the best legal option given our circumstances is a divorce with statements of good faith. Does this make sense from a legal standpoint?

If it looks best to you, then you should go with this. Divorce is a personal thing, and you should decide it for yourself.

[mayomayo 2]

If you want a 'legal standpoint' you need to hire a lawyer

We just offer advice based on personal experience. But her getting a job in your state to make it look real will certainly, and quickly, do the opposite

Good luck

Based on personal experience, do divorced couples who file for removal of conditions generally get denied if they can prove Bonafide marriage intentions/ significant time spent living together as a married couple?

[Enigma11561 336]

Put the horse in front of the cart. Figure out your personal life going forward first. Then make the appropriate immigration decisions.

[mayomayo 2]

Put the horse in front of the cart. Figure out your personal life going forward first. Then make the appropriate immigration decisions.

If the government allowed me to figure out my personal life without their strict time constraints, I wouldn't be in this situation. I am asking about immigration related questions because time is running out. Some people don't function mentally and emotionally in 90 day or 2 year time frames. I am not asking for relationship advice, I am asking for help with the immigration situation that I am in so that my wife and I can continue our relationship on our own time in the way that we see fit and in a way that makes us happy. I understand that our situation may not fit the picture perfect bill of marriage that each of you has, but our relationship is very real and perhaps very different than yours. Regardless, I need to know what route will allow us the greatest chance of remaining together in the way that we are together now. That is why I posted on this board.

Sounds like you'll are separated and desire to reconcile in the future. This happens with couples. I do not know how the govt will judge that situation. I am sure more experienced posters will comment.

Thank you for understanding my situation. I wish other VJers would understand this and respond with practical information rather than with relationship advice. Thank you!

[Orando 57]

If the government allowed me to figure out my personal life without their strict time constraints, I wouldn't be in this situation. I am asking about immigration related questions because time is running out. Some people don't function mentally and emotionally in 90 day or 2 year time frames. I am not asking for relationship advice, I am asking for help with the immigration situation that I am in so that my wife and I can continue our relationship on our own time in the way that we see fit and in a way that makes us happy. I understand that our situation may not fit the picture perfect bill of marriage that each of you has, but our relationship is very real and perhaps very different than yours. Regardless, I need to know what route will allow us the greatest chance of remaining together in the way that we are together now. That is why I posted on this board.

Thank you for understanding my situation. I wish other VJers would understand this and respond with practical information rather than with relationship advice. Thank you!

Ask the question, if my wife and I are separated but working on the marriage, will this cause problems when removing conditions? Sounds like you do not want a divorce. How the govt will interpret this situation is your 64,000 question. Given how much fraud goes on, they may very well think you all are in a marriage of convenience for immigration purposes. On the other hand, it is possible to remove conditions when divorced so maybe that will help mitigate the situation and they will understand. If someone on VJ cannot give a real life example of this, maybe you can go to an immigration office and ask them or ask a lawyer.

Edited March 17, 2012 by Orando

[Hugglebuggles 60]

Do you have joint assets of any kind? Are you maintaining a joint bank account? Are you filling taxes together? If yes, these things may help you show you are still committed to the marriage. If you are essentially living seperate lives in different states, you may be in for an unhill battle. But its really impossible for us to say how USCIS is going to interpret your marriage.

I certainly would not rush into a divorce because it may be better when filling for ROC, not if you believe you may be able to work things out. January is still a long ways away, your life may be different then. Good luck to you both.

[J&N* 68]

Should we get divorced? what kind of website is this now?? shouldn't this be your decision together??

[bigdog 376]

Make a decision and move on, do what is best for both on you.