Separated and reconciled

[Cdnusagurl 22]

Alright, so I'm not sure if this would be considered a "red flag" to a CO or not. But before I petitioned my husband to join me in the US, we separated. I won't go into details, but after being miserable in Canada for 9 years, I decided to return to the US without my husband. I was in the US for 1 month before we reconciled and decided to give things a go. And now, although we're separated physically again, I think our marriage is stronger and better than ever. My question is, will this be a problem when we get to the interview stage?

 

My husband was served separation orders after I left by my attorney, but I also rescinded the order when we decided to try reconciling. I'm just not sure if the US government will be able to see those records since 1) he never signed the paperwork and 2) they were served in a foreign country. Before our separation we had been living together for 9 years and married for almost 5 of those years. So I know that will help, but I'm now scared that our short legal separation might hinder things.

[Lucky2Lucky 2,526]

The separation wasn’t a divorce, just a separation correct? And you guys reconciled BEFORE you filed the petition? I personally don’t see an issue esp given the length of the relationship . You may be questioned but it’s not unheard of take a break and reconcile. 

[Cdnusagurl 22]

7 minutes ago, Luckycuds said:

The separation wasn’t a divorce, just a separation correct? And you guys reconciled BEFORE you filed the petition? I personally don’t see an issue esp given the length of the relationship . You may be questioned but it’s not unheard of take a break and reconcile. 

Correct. We never got divorced and reconciled one month before I filed the petition in May.

[SalishSea 17,916]

As long as there were no papers filed with the court, and you did not rescind the petition, I can't see how it would be an issue.

[Cdnusagurl 22]

6 minutes ago, Jorgedig said:

As long as there were no papers filed with the court, and you did not rescind the petition, I can't see how it would be an issue.

See I'm not 100% sure how it works in Canada. They served him with our separation agreement the day I left for the US, but I don't know if it was actually filed with any court or anything. I know my lawyer said we would have to be separated for at least one year before we could get a divorce in Canada (thank goodness), so no divorce paperwork was actually filed. I just don't want this to hurt our case because we both miss each other terribly now. I've never imagined myself being with someone else, even while we were separated, and neither has he. We just want to be together again. But this time somewhere where we can both be happy.

[SalishSea 17,916]

Just now, Cdnusagurl said:

See I'm not 100% sure how it works in Canada. They served him with our separation agreement the day I left for the US, but I don't know if it was actually filed with any court or anything. I know my lawyer said we would have to be separated for at least one year before we could get a divorce in Canada (thank goodness), so no divorce paperwork was actually filed. I just don't want this to hurt our case because we both miss each other terribly now. I've never imagined myself being with someone else, even while we were separated, and neither has he. We just want to be together again. But this time somewhere where we can both be happy.

Well, you could ask your husband if he knows something about the family law system as it relates to legal separation in Canada.  Or maybe someone here could chime in ( @Ontarkie).  I would think though, that if it had progressed to the courts, you would know.  At least, here in the US that is how it works.  

 

In any case, USCIS is aware that stuff happens.  No divorce or petition withdrawal occurred.  You are still legally married, and as a USC, you still have the right to petition your spouse for an immigrant visa.   Just collect your best 'ongoing relationship' evidence for him to present at the interview.

 

Canada is low-fraud.  Probably more Americans would try to get to Canada, than vice-versa (lol).  I really don't think you should lose sleep over this.

 

Best wishes, and please let us know how things progress.

[pushbrk 12,968]

In my opinion, this is a non-issue.  There are no questions in the petition process that would require disclosing a "separation" or "separation papers", or even a divorce filing that was never finalized.  Carry on.

[Ontarkie 14,267]

This didn't apply for you as you pulled it.

It's not really separation papers it's a divorce filling. The judge just won't get it on his desk until the 1 yr separation is done. When you filled your husband had 30 days to contest it. If he didn't then it moves directly to the judge once your 1 yr was up. If he ignored it did not signed it it makes no difference it moves on. 

 

Now for you this didn't happen as you pulled the paperwork. So it's like any other couple you has a bad bump in the road and manage to repair things. 

[retheem 566]

19 hours ago, Cdnusagurl said:

Alright, so I'm not sure if this would be considered a "red flag" to a CO or not. But before I petitioned my husband to join me in the US, we separated. I won't go into details, but after being miserable in Canada for 9 years, I decided to return to the US without my husband. I was in the US for 1 month before we reconciled and decided to give things a go. And now, although we're separated physically again, I think our marriage is stronger and better than ever. My question is, will this be a problem when we get to the interview stage?

 

My husband was served separation orders after I left by my attorney, but I also rescinded the order when we decided to try reconciling. I'm just not sure if the US government will be able to see those records since 1) he never signed the paperwork and 2) they were served in a foreign country. Before our separation we had been living together for 9 years and married for almost 5 of those years. So I know that will help, but I'm now scared that our short legal separation might hinder things.

No need to say you had separated temporarily. Don't ask, don't tell. Seriously. That's TMI (Too Much information) if you asked me.  To them, you should be happily married, never had a disagreement, you have honeymoon Monday through Friday.

[SteveInBostonI130 3,467]

2 hours ago, retheem said:

To them, you should be happily married, never had a disagreement, you have honeymoon Monday through Friday.

Now that would really be suspicious for a couple married 9+ years.  

 

To me, there doesn't seem to be an issue with the OP's situation.  Just proceed as normal - hopefully you submitted the I-130 with proof of bona fide relationship.  At the interview answer all questions truthfully. 

[Cdnusagurl 22]

On 9/15/2020 at 1:15 AM, Ontarkie said:

This didn't apply for you as you pulled it.

It's not really separation papers it's a divorce filling. The judge just won't get it on his desk until the 1 yr separation is done. When you filled your husband had 30 days to contest it. If he didn't then it moves directly to the judge once your 1 yr was up. If he ignored it did not signed it it makes no difference it moves on. 

 

Now for you this didn't happen as you pulled the paperwork. So it's like any other couple you has a bad bump in the road and manage to repair things. 

Thank you. I did some reading and it looks like the divorce filing is separate (at least in Alberta) than the separation agreement. I also contacted my lawyer who told me that I did not in fact file the divorce papers since that would have to be filed separately at the one year separation mark. So looks like we are in the clear thank goodness.

[Ontarkie 14,267]

1 minute ago, Cdnusagurl said:

Thank you. I did some reading and it looks like the divorce filing is separate (at least in Alberta) than the separation agreement. I also contacted my lawyer who told me that I did not in fact file the divorce papers since that would have to be filed separately at the one year separation mark. So looks like we are in the clear thank goodness.

Good to know. Now you can relax.