Sheesh thought this would never come......heavy heart.

[Lucy NY 1]

It has been a while since logging in to VJ! Wow, although it feels good to be back! So I thought this time of my visa journey would never come! However, it does not come in pure happiness.

My ROC is up later this summer and we have enjoyed a happy marriage upto a couple of months ago. Due to turning events, we are going through some struggles and I am very concerned about where this leaves me and my options for the upcoming ROC.

We are trying to work through issues but currently it does not look particualry strong so, i am hoping for some advice on my options for ROC. I understand I can file with a waiver but with that waiver you must have the divorce decree, well in the state of NY, I have to be sepearated for a year before filing for a divorce so if he decides to be uncooperative in terms of signing paperwork and we are not divorced and only seperated by the time of filing, what are my real options?

We have a bonafide marriage, we own property, wills are made out to each other, all life policies are each other as reciepients and I have no issues trying to prove that we entered in good faith but how do I proceed???

[StephAnn2012 50]

Lucy said: It has been a while since logging in to VJ! Wow, although it feels good to be back! So I thought this time of my visa journey would never come! However, it does not come in pure happiness.  My ROC is up later this summer and we have enjoyed a happy marriage upto a couple of months ago.  Due to turning events, we are going through some struggles and I am very concerned about where this leaves me and my options for the upcoming ROC. We are trying to work through issues but currently it does not look particualry strong so, i am hoping for some advice on my options for ROC.  I understand I can file with a waiver but with that waiver you must have the divorce decree, well in the state of NY, I have to be sepearated for a year before filing for a divorce so if he decides to be uncooperative in terms of signing paperwork and we are not divorced and only seperated by the time of filing, what are my real options? We have a bonafide marriage, we own property, wills are made out to each other, all life policies are each other as reciepients and I have no issues trying to prove that we entered in good faith but how do I proceed???

I for one hope you can work out your differences. Have you gone to counseling? What is your goal here? Does he want you to return to your home country? Does he want to work it out?

[bigdog 376]

I have attached a reference to this written by an attorney: http://www.visalawyerblog.com/2010/06/i751_removal_of_conditions_pro.html. Seems like yoiu need to trya nd work it out or still be friendly so he will jointly sign the ROC paperwork. Probably i would see an immigration attorney before you get to your 90 day window, if he wont cooperate. Gather up all your documents needed to show a good faith marriage etc. Good Luck.