It WAS a bonifide relationship

[saritamackita 0]

So I guess I'm a little confused about what I should do. My husband and I are now separated, but we have a child together. We separated in May of last year and he got the green card in January of that year. So i guess it was kind of close together. However, we have been on again off again (but I honestly want it to be off) some since then and I drive an hour and a half every week or every other week over to where he lives so that he can be with our kid. So I could easily come up with photos of us, it would just be harder to prove that we reside together. Any advice? Thank you. I'd like for him to still be able to stay for the sake of our child.

[lovelyalex 99]

don't lie about it, if you both entered the marriage in good faith don't panic about it. if you aren't together anymore when it comes time to file you can still file as separated/going through a divorce. There are plenty of people that are filing an I-751 waiver: http://www.visajourney.com/forums/topic/259288-i-751-waiver-filers-timeline/ have a poke around the boards and do a search. I would discuss it with your husband though in advance to make sure you are still on the same page and clear as to what you have to compile etc. I am not sure though if the waiver covers separated couples or only those that have initiated divorce or due to death of a partner etc... but take a look:

VISAJOURNEY GUIDE: http://www.visajourney.com/content/751guide

Official instructions: http://www.uscis.gov/files/form/i-751instr.pdf