Legal separation and removing conditions....

[Kayzie 0]

Hello everybody,

I'm very new to this forum, but very excited it exists!

Visa situations are always difficult and nerve wrecking so help and support is so appreciated!

My American spouse and I have had a lot of it but we have entered now in a new position and we need advice!

So.... We got married in the USA more than 3 years ago. We started our life in my country, The Netherlands aka Holland. We lived there for 2 years. Last summer we moved to Indiana, USA. I received pretty quickly my green card since we were married for some time and there were no issues. Perfect. I have a job here, she has a job here, we found our place. Although.. Our marriage is at this moment threatened. We have some issues to work out with one another and need time and space. But.. How to proceed..

My green card is conditional, it is valid for two years, being August 2014.

We are thinking to be legally separated. What will be the consequences?

Can I stay in the country?

Can I start a new lease on an apartment on my name?

Can I stay in the country after August 2014?

Can I have the conditions removed from my green card?

Can we proceed with the I-751?

What other things do we have to think of?

So many questions!

Would somebody try to shed some light on the matter?

Thanks from the both of us!

[Navyk 78]

Hello everybody,

I'm very new to this forum, but very excited it exists!

Visa situations are always difficult and nerve wrecking so help and support is so appreciated!

My American spouse and I have had a lot of it but we have entered now in a new position and we need advice!

So.... We got married in the USA more than 3 years ago. We started our life in my country, The Netherlands aka Holland. We lived there for 2 years. Last summer we moved to Indiana, USA. I received pretty quickly my green card since we were married for some time and there were no issues. Perfect. I have a job here, she has a job here, we found our place. Although.. Our marriage is at this moment threatened. We have some issues to work out with one another and need time and space. But.. How to proceed..

My green card is conditional, it is valid for two years, being August 2014.

We are thinking to be legally separated. What will be the consequences?

Can I stay in the country?

Can I start a new lease on an apartment on my name?

Can I stay in the country after August 2014?

Can I have the conditions removed from my green card?

Can we proceed with the I-751?

What other things do we have to think of?

So many questions!

Would somebody try to shed some light on the matter?

Thanks from the both of us!

Any which case (meaning divorced or not), you will have to file I-751 to get condition removed 90 days before the Green Card expired. If you are divorced before that time and have the decree in hand, then you can file immediately.

You will have show evidence that your marriage was genuine, even after divorce. So you will have to show evidence during the period of marriage that you have joint accounts, joint lease, joint or one each utility at that address, joint tax filing,...... So get those evidences together right now covering the period of marriage.

Till you receive a divorce decree, you need to have these evidences.

The filling of the application differs depending on the status of the marriage - meaning it is joint if still married else it is single filing if divorced.

Check this link, which gives you all the answers you are looking for and then you can ask any specific questions, if still need clarification

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

[Kayzie 0]

That makes sense. Thank you for your reply. I have still one important question. What happens with the obligations and legal stuff for my sponsor? When I file married or divorced, is there a difference? Will my sponsor still be responsible?

[Navyk 78]

That makes sense. Thank you for your reply. I have still one important question. What happens with the obligations and legal stuff for my sponsor? When I file married or divorced, is there a difference? Will my sponsor still be responsible?

The responsibility is binding based on the I-864 filed. The divorce has no bearing on that.

[jaycali 415]

That makes sense. Thank you for your reply. I have still one important question. What happens with the obligations and legal stuff for my sponsor? When I file married or divorced, is there a difference? Will my sponsor still be responsible?

Your sponsor is financially liable until you have worked for at least 40 quarters, or until you become a USC, whichever comes first.

As for separation. I'm in a similar situation. Currently separated from my wife and on a conditional green card. You have two options, either file a joint I-751 when the time comes and gather up any and all evidence of a bona fide marriage, and if you're having problems, gather any and all evidence that you're taking measures to repair it.

Legally, you only have to prove that the marriage was entered into in good faith. There is no requirement that it's a happy marriage, although if you're filing jointly, they will want to see evidence that you're at least seriously working to repair it.

Your only other option if you want to stay in the US is to get a divorce, and file an I-751 with a divorce waiver. Again, you will have to show that the marriage was entered into in good faith, but that it did not work out for whatever reason.

You cannot file yourself unless you're divorced or at least waiting for a final divorce decree, and you cannot file jointly if you don't intend to remain married.

Edited October 31, 2013 by jaycali