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

[MochaMichou 26]

Im sorry to hear about this but this situation stinks. Im in no position to give you advice about ROC since Im still new to all this immigration world. From what I read on the forum many times, its totally not safe to lie at immigration. Or you can present the situation as if you guys decided to have " a time off" to figure out what to do next. I have seen people take a time off of 5 years before they end up divorcing so dont worry too much about the 18 months break up thing. I hope your wife will be cooperative in this case.

As others said, make a decision!!

[John J 10]

 

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.

 

"Roadside assistance" That's the funniest laugh I've had for a long time.

[QueenOfBlades 224]

Is there any need for everyone to take the p*ss out of her when she's posted asking for advice and help? So what if she's listed roadside assistance - I think it is quite simple to understand that she has already built a life here, doesn't want to go back and is asking for advice on ROC. People can be so rude sometimes.

Edited January 24, 2014 by QueenOfBlades

[Boiler 43,634]

None of us changed his gender.

[raven52 233]

I'm not going to "touch" this, BUT, this guy sounds like he is really trying to build his life here in the USA.,,.I, personally hope he gets his chance.

After all, two jobs, AND roadside assistance, means he has excellent auto insurance! Good Luck! Do as the experts here tell you!

[JohnR! 5,495]

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..

The additional card that you had would help show some sort of commingling, however the tax return might raise a flag. Couples filing jointly get the best tax breaks of all categories. Even if you had no job, you could still file jointly. That your income may have been zero for an entire year does not mean you could not file jointly. From your words I infer that you still have a good relationship with her and if that should be the case, talk to her and amend your tax return for the year you were together. In addition, ask her parents, neighbors and individuals who know both of you to give you an affidavit to the effect that you were once a couple and that they knew you during this time. There are no templates for such statement, nor does it have to be notarized; sufficing a simple 'to whom it may concern' statement. Letters, bills. mail in general, addressed to you in the address where both of you lived can also help make your case.

In my opinion, I would very much discourage you from going the lying route, because if you are caught in the lies for any reason, your ROC may be denied and you will find yourself in a legal kerfuffle. If you tell the truth and are honest with the USCIS, even if they delay or deny your ROC for lack of evidence, you have a much better position from which to fight. In other words, a court will be far less sympathetic to someone who lied to the USCIS than to someone who is falling short on required evidence. If push came to shove, the former will put you in court as a defendant whereas the latter affords you the right to go to court as a plaintiff.

Good luck.

[David & Diana R 1,005]

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

Great question Darnell

[Boiler 43,634]

Because he has been here nearly 2 year, has a job, car etc etc and would prefer to stay. Not as if he got off the boat yesterday.

Nothing wrong with that, but there some hurdles.

[Danielb4643 0]

Hi all and thank you for your words, the roadside assistance was defintely a joke!

She is 100% being co-operative and wants me to stay as much as I do, one of the main reasons for our breakup was the trouble adjusting and she's happy to see me build and grow now. The 'still married route' is not the route I would like to go nor am going to go we have begun the divorce papers; and the 18months was to see if anything changed between us and our decsion, because it was a BIG decision to cut so short so soon.

It's the finance issue that bothers me mostly because we were so 'new' and living with parents whilst trying to sort ourselves out, she was still in college and I was looking for solid work, we just weren't in a position to be 100% independant.

Also wouldn't amending a tax return look suspicious to USCIS?

[JohnR! 5,495]

Hi all and thank you for your words, the roadside assistance was defintely a joke!

She is 100% being co-operative and wants me to stay as much as I do, one of the main reasons for our breakup was the trouble adjusting and she's happy to see me build and grow now. The 'still married route' is not the route I would like to go nor am going to go we have begun the divorce papers; and the 18months was to see if anything changed between us and our decsion, because it was a BIG decision to cut so short so soon.

It's the finance issue that bothers me mostly because we were so 'new' and living with parents whilst trying to sort ourselves out, she was still in college and I was looking for solid work, we just weren't in a position to be 100% independant.

Also wouldn't amending a tax return look suspicious to USCIS?

You should be fine because it shows both entered marriage in good faith and gave it time to work. Amending the tax return will not look suspicious to the USCIS. I believe you should be ok and as I said before, by telling the truth you can count on an appeal in the unlikely event you get denied.

[John J 10]

Hi all and thank you for your words, the roadside assistance was defintely a joke!

She is 100% being co-operative and wants me to stay as much as I do, one of the main reasons for our breakup was the trouble adjusting and she's happy to see me build and grow now. The 'still married route' is not the route I would like to go nor am going to go we have begun the divorce papers; and the 18months was to see if anything changed between us and our decsion, because it was a BIG decision to cut so short so soon.

It's the finance issue that bothers me mostly because we were so 'new' and living with parents whilst trying to sort ourselves out, she was still in college and I was looking for solid work, we just weren't in a position to be 100% independant.

Also wouldn't amending a tax return look suspicious to USCIS?

I appreciated your joke it made my day "Road side assistance, livin the dream"

I was going to say that you could have had a marriage of convenience until you was a citizen. Good luck.

[Boiler 43,634]

I appreciated your joke it made my day "Road side assistance, livin the dream"

I was going to say that you could have had a marriage of convenience until you was a citizen. Good luck.

He has conditions to remove.....

[N-o-l-a 7,167]

Hi all and thank you for your words, the roadside assistance was defintely a joke!

She is 100% being co-operative and wants me to stay as much as I do, one of the main reasons for our breakup was the trouble adjusting and she's happy to see me build and grow now. The 'still married route' is not the route I would like to go nor am going to go we have begun the divorce papers; and the 18months was to see if anything changed between us and our decsion, because it was a BIG decision to cut so short so soon.

It's the finance issue that bothers me mostly because we were so 'new' and living with parents whilst trying to sort ourselves out, she was still in college and I was looking for solid work, we just weren't in a position to be 100% independant.

Also wouldn't amending a tax return look suspicious to USCIS?

I think a notarized statement from her attesting to your genuine marriage and your issues might help, as well as other people have mentioned from others. If you can find communication between the two of your during that time talking about working on it, that might also help.

My husband and I live with my mother and we have tons of evidence over the past 9 months: joint bank and credit card accounts, him on the family's car insurance, cards and mail addressed to us both, pictures at family functions, etc. We have other stuff that wouldn't apply to you as well, but you get the idea.

Edited January 24, 2014 by N-o-l-a

[Ontarkie 13,940]

~~One off topic post removed~~

[Danielb4643 0]

I think a notarized statement from her attesting to your genuine marriage and your issues might help, as well as other people have mentioned from others. If you can find communication between the two of your during that time talking about working on it, that might also help.

My husband and I live with my mother and we have tons of evidence over the past 9 months: joint bank and credit card accounts, him on the family's car insurance, cards and mail addressed to us both, pictures at family functions, etc. We have other stuff that wouldn't apply to you as well, but you get the idea.

(I also have a SAMs card and Gym membership- living the dream indeed!)

I can get statements from everybody necessary to help. I can't find anything from betwwen that time has we have both got new phones....

I am going to go to the back to obtain copies of the (now closed) joint account, we had a joint car insurance policy and she was the owner of my 1st car here as I couldn't 'own' until I had my GC so I have those doucments aswell, along with photos and xmas cards, many pictures.....