So it happened to me....

[peteranna 0]

I have not been here for awhile and the past 1.5 years flew right by. A lot has happened and so much for a fairy tale ending. We are in divorce proceedings and I will be filing to remove the conditions with a waiver next month. I'd like some feedback as to if you believe this will suffice. My questions is...Should I resubmit the evidence that was initially sent with the I-130, to establish a bonafide relationship prior to marriage and prior to CR1 since I am filing with a waiver?

This is what I have:

Prior to marriage 01/03/2012 (already submitted as part of i-130)

6 Trips I made to visit my husband

photos of us together

emails between us

a hotel stay in both our names

Between marriage and CR1 (12/14/2012)

Affidavit from cousin (already submitted with i-130)

wedding card (already submitted with i-130)

wedding gifts, including checks made out to both of us

emails between us

"married" taxable status on spouses earning statement

photos

power of attorney authorizing me to sign on his behalf.

Life insurance coverage designating spouse as benificiary

Changin marital status with my gov. from single to married.

Between CR1 (12/14/2012) and seperation 02/01/2014

Lease in both our names and letters from management adressed to both of us

joint checking account

joint savings account with transactions

joint visa account with transactions

joint cable/internet bill

continued life insurance coverage designating spouse as beneficiary

IRS transcript 2012 married filing seperate as I was not in the US yet

Joint car insurance

photos

4 affidavits from Spouse, a mutual friend, mom and sister

a letter from our garage where we serviced out car

a letter from doctor's office when husband brought me in on an emergency

A few Christmas cards from relatives

20 peices of junkmail, some adressed to both of us some not

Driver's license showing same address

Patient information showing spouse as emergency contact

joint gym membership

5 different accounts (individual mail) but showing us as having common address.

I was just wondering if I should resubmit the evidence I already submitted with the I -130?

And your thougths on my evidence.

Thanks

[tuckin14 58]

It seems like it can't hurt to resubmit the documents you submitted with the I-130, but of course the information since will be most useful. However, will your divorce be final by the time you file? You cannot file for a waiver if you are not actually divorced. You can file jointly and document that although you are separated, you entered the marriage in good faith. You didn't specify if your spouse is cooperating and how your relationship is currently.

Also I was a little confused. You have to file for ROC within 90 days of expiration of the conditional green card. Wouldn't that mean filing toward the end of this year?

The documents you described seem to be exactly what USCIS is looking for. AFAIK the main things they look for are cohabitation and financial comingling.

Since you said you have an affidavit from your spouse, you must be on reasonable terms, so you probably should file a joint petition unless the divorce is final by the time you file, then you should file with a waiver. You might want to avoid anything that looks like he somehow profited financially from the marriage. I don't know your exact circumstances but I wouldn't go out of my way to show that you put $100,000 from sale of a property you owned individually into a joint account. That might make it look like you paid him for the green card. I don't sense that's the case with you though.

[peteranna 0]

We will be divorced next month. We were scheduled to remove conditions in September and we are on "ok" terms. Thanks.

[victorian221b 12]

Based on what I understand regarding divorce proceedings from seeing what others had reported on here, if you know you are going into a divorce then you should file a waiver as soon as possible and not at the 90-day mark. This will need to be confirmed by someone who had already went through this. One lady from earlier last year actually did that and was going through a divorce when she filed for ROC. After submitting her ROC application, she received an RFE requesting proof to show that the divorce was final (decree?). So maybe that's you can do it.

Search this forum a bit, you may have to go as far back as early 2013 or late 2012 in this forum to find something regarding divorce cases. I think there is even a thread for waivers on here somewhere.

Good luck!

[victorian221b 12]

I quickly found this, not sure if this will help you but do an "Advance Search" for "divorce" in this forum, there are plenty in your case. Good luck!

http://www.visajourney.com/forums/topic/429413-getting-divorce-prior-to-removal-of-condition/page-2?hl=%2Bdivorce#entry6343024