Separation Before the AOS Interview

[Saintdog 0]

My wife and I are staying in different places and not sure if it will ultimately work out. We dont want to divorce, but were not completely in love either. I don't mind to help her get her AOS and green card, but please advise what you think we should do. I think the technical thing is to divorce and have her go back to Philippines, but I don't and she doesn't want to go back. I'd rather her stay and work and help her family...

Thoughts?

[Merrytooth 5,748]

You help her get the 2 year conditional green card. Then what will happen during the ROC?

How are you going to manufacture evidence of bona fide marriage If you are not living in marital union?

Don't forget that you will be on hook for the I-864 till she becomes USC or works 40 quarters credits.

If you ever want to petition another fiancée or spouse, you will have to include her in your household size as well.

Edited August 25, 2016 by Merrytooth

[Saintdog 0]

I'm 40 and don't plan on getting married again. As far as the affidavit of support,, there is no way to have her sign a prenuptial? She will be working soon and has family and friends here for support.

[Saintdog 0]

Ive seen people married who live in differnt parts of the country for "work" reasons, no?

[f f 725]

ask yourself a few questions.

did she push you to get all the paperwork done quickly?

are you willing to be financially responsible for her for up to 10 years?

how are you going to convince uscis that she should get a marriage based green card when the marriage might not last to the interview?

things to be cautious about.

if she came on k1 she can ONLY gain legal status through YOU. so if things magically get better use caution.

when you try to reconcile do it in a public place so there is no risk of a vawa being brought against you.

are you sticking with this just to be a "nice guy"

prenuptial does nothing against the i864, it is between you the the us government.

Edited August 25, 2016 by f f

[Merrytooth 5,748]

you mean post-nuptial since you are already married?

It will protect you from your spouse coming after you for money, means nothing to US govt coming after you for repayment.

those couples who live apart have legitimate reasons like finish college in different states, temporary work assignment in different states .. etc

[Dashinka 24,593]

I don't think a pre-nupt keeps you from the responsibilities of the 864. Yes, there are many married couples that lead separate lives for various reasons. You just have to weigh the options in front of you and understand that due to the immigration aspect, your situation is different than many other people. To get the GC you have to show a true marriage, which may be hard for your situation.

Good Luck!

[Saintdog 0]

So basically if she becomes a ward of the state, then Im financially obligated (if she doesnt work and becomes a dreg of society)? What if we divorce after citizenship? She is not a cold hearted person, but I understand I am in a bind if she turned out to be, which is not my thoughts at all. We just dont work

[f f 725]

once she becomes a citizen then you are off the hook for all future expenses.

[Merrytooth 5,748]

We just dont work

But you are willing to stay together with her for 3 years, co-mingle your finances with her till she get her Citizenship?

Sound like a fraud marriage for the sake of green card to US citizenship

[f f 725]

why would you stay married till citizenship if you seperate before aos interview?

that would mean you would have to prove your in a legit relationship 3 times, over a span of at least 3 years.

why are you so determined to be helpful? (yes I know I sound like a &^/&* you don't need to tell us just tell yourself)

[Saintdog 0]

Cause shes a great person, but we cant live together. She's too young and immature.

[Dashinka 24,593]

why would you stay married till citizenship if you seperate before aos interview?

that would mean you would have to prove your in a legit relationship 3 times, over a span of at least 3 years.

why are you so determined to be helpful? (yes I know I sound like a &^/&* you don't need to tell us just tell yourself)

I agree, these are questions you should be asking yourself. There is being a nice guy and going too far sometimes. It is your decision, just make sure you understand all the risks.

[Merrytooth 5,748]

Cause shes a great person, but we cant live together. She's too young and immature.

She can always go back home and find another USC

[aANDg 22]

I'm sorry if it did not work out for you both but you need to take all their advices.. just think about yourself and what will be all the consequences.. Goodluck!