Moved to US on k1, got 2yr GC and been separated for 18 months

[Danielb4643 0]

Hi-

I will spare you all the emotion and give you the facts. So I have moved to the USA in Nov 2011 and got married. I got my 2yr GC in July 2012 and we broke up in November 2012, a year after our marriage.

I say broke up because we didn't actually file a divorce for whatever reason (fear of deportation....etc) HOWEVER now it is getting to the stage where I have to remove conditions and we don't want to lie and say we are still happily married (even though still technically 'married').

So my biggest concern is how to proceed from here? Filing for divorce and petitioning solo is going to raise major questions as to why we took SO long to file divorce, do I tell them we broke up in 2012 but tried to make things work for 18 months before giving up officially...?

On the flip side if I state we were in a happy relationship up until the filed divorce aren't they going to want to see documentation of a life together that we just do not have......

Any insight would be greatly appreciated.

Thank you everybody

[Merrytooth 5,748]

Most importantly, do you have any evidence (co-mingled financially) of a bona fide marriage to file I-1751 jointly or with waiver?

Edited January 23, 2014 by Merrytooth

[JohnR! 5,495]

You should not file jointly, for in case both are called for an interview you may find yourself in trouble. For you to file solo you will need to prove you married in good faith, cohabited, etc. You should be able to do that by means of bank and c/c statements, rent, utilities, tax returns, etc.

I believe your main concern is whether there is a chance you might be deported at this point and I find that highly unlikely. Be honest in the process and you should come out just fine at the other end.

good luck!

[Cathi 5,626]

The question is, were you trying to make things work out in the 18 months you were separated? If not, don't lie, it is never a good idea to lie to immigration.

[Boiler 43,840]

The length of time you took to divorce does not matter.

[Danielb4643 0]

Thank you all.

Well we lived at her parents whilst we were getting our lives together as it all fell apart, we had a joint account but closed it and was in her name and we just got an additional card for me which we both pun into /shared. I had issues finding work so we have tax return for her that shows married filing singly, no utilities as living at parents, she didn't even change her last name.

However, we do have pictures of us together, marriage pictures, my Mother coming to USA to be there for our small Family wedding and I'm sure I can dig up some xmas cards that have both our names on....

So, if i go the 'non-lying' way, what do i say when they ask when the amrriage fell apart and how come it's taken so long to file for divroce, I feel like this is the question that is going to trip me up when the honest truth is 'we were both scared I would get deported and we didn't want that to happen'

Thank you again..

[Boiler 43,840]

You mention several issues, the one that would be of least concern is not getting divorced quickly.

[Darnell 8,478]

is there any solid reason for NOT returning to the UK ?

[Danielb4643 0]

I don't have a solid reason to not return to the UK. I have solid reasons to stay here though, I work two jobs, I have a car and a medical plan and great friends, good credit score, roadside assistance and all those great things that show I have built a life here and would very much not want it to be cut short.

[Boiler 43,840]

Roadside assistance is a new one to me.

I will let others comment.

[Danielb4643 0]

Roadside assistance is a new one to me.

I will let others comment.

(I just meant I'm building a life )

[Sandra G. 5,026]

You don't have enough proof of commingling finances, you may be in trouble to ROC.

[Darnell 8,478]

I don't have a solid reason to not return to the UK. I have solid reasons to stay here though, I work two jobs, I have a car and a medical plan and great friends, good credit score, roadside assistance and all those great things that show I have built a life here and would very much not want it to be cut short.

But, you are seeking to remove conditions at the moment, to stay inside the USA. Not to sound like a Grumpy GrandPa, but if'n the wife isn't in the picture, you've no basis to file jointly. Since there's no divorce plan in the works, you can't file ticking the 'divorced' box on the form (used to be you had to ask for a divorce waiver via seperate cover letter)

so

I say (apologies) - sh|t or get off the pot. That's a euphemism for 'go do something' . I write this to you, now, as you seem quite content with the limbo phase you and your wife put you in.

Doesn't matter what, of the two choices you need to make, as to which one you choose, but

CHOOSE !

Remaining lacksidaisical will stop, fully stop, any ability to remain in the USA legally.

[Rebecca Jo 1,962]

(I just meant I'm building a life )

And you didn't have one back home?

I hate how I'm feeling when I go back and read your words carefully. The reason you mention for not having earlier filed for divorce is fear of deportation. That sounds like you stayed married just to stay in the US. So if that is the case - why not just continue your charade and go to the interview as a married couple? Cold feet now or something?

[Boiler 43,840]

As I understand it, maybe, getting divorced is now on the cards, but the concern was waiting 18 months, which is no biggie and as has been said he has bigger issues anyway.

Good to know that Roadside Assistance is not one of them.