fireworks911

From what everyone's saying, I thought if we waited this out it would be considered fraud? We've tried counseling, it didn't work in the past, but we might give it one more try. I don't want to abruptly get a divorce right now just because my card is expiring soon and if we're going to get a divorce I've been advised to do it right away for time sake. In our religion divorce is very serious, and I wish I had more time to really think this through.

What I'm trying to say is let's say I take a few months to decide if I want a divorce and finally decide in June, IF my husband refuses for a divorce the laws in AZ say that according to covenant marriages, we would need to be seperated for at least 1 yr (since none of the other terms apply) before the state allows us a divorce.

A covenant marriage is more difficult to dissolve than a 'regular' marriage. A court can only grant a divorce to a couple for one of these eight reasons:

1.A spouse commits adultery.

2.A spouse commits a felony and has been sentenced to death or imprisonment.

3.A spouse has abandoned the other for at least one year before the filing for divorce, and refuses to return.

4.A spouse has physically or sexually abused the other, a child, a relative of either spouse permanently living with them, or has committed domestic violence emotional abuse.

5.The spouses have been living separate and apart continuously without reconciliation for at least two years before the filing for divorce.

6.The spouses have been living separate and apart continuously without reconciliation for at least one year from the date of a legal separation**

7.A spouse has habitually abused drugs or alcohol.

8.The husband and wife both agree to a dissolution of marriage.

My attorney said to not wait, make a decision now. But I don't know if I can make such an important decision so fast.

Sorry this is all so confusing, I really appreciate those taking the time to help me out. It means a lot!

Thank you all for your comments. I def. don't want to commit any fraud! My husband is completely aware of everything, I'm just trying to get informed.

So it looks like either way it's going to be a lot of work and money. That is good to know because now I can put my immigration worries aside and focus on the real issues of my marriage. When I had spoken to an immigration attorney yesterday, he made it souns like I couldn't do this without him; he was one expensive lawyer...

I do have another question though. If I file for divorce now, and it's still pending when it comes time to apply for the I-751, should I apply as a single person even though I would still be technically married? My marriage was a covenant marriage and it might take a while until the court allows us to divorce.

Thank you again for your advice.

I'm trying to decide if I should get a divorce or wait it out...

The story is that I am on conditional permanent residence after marrrying a US Citizen in good faith. I'll have to file the I-751 this July before my card expires in November. I've been completely miserable because this marriage has been falling apart, it feels unbearable- so I'm considering filing for divorce, even though I only have 6 months left until I file. Just to make things clear, I'm not in a physically abusive relationship, but very emotionally degrading. If I got a divorce, I would be in a very tough financial situation since I would lose my job (I work for his parents), have no savings, and no friends/family around me that can help.

If I decided to wait until after we file a joint I-751, how soon can I file for divorce? Let's say I send my application in July, it takes them 30 days to review it right? So let's say I get approved 30 days after, can I file for divorce then? Or do I have to wait until after my card officially expires? As you can see, I'm pretty desperate to get out, but I have to do what's best for me right now (I've given everything to this marriage), and getting a divorce with no money and no way to hire any attorneys seems almost impossible.

Also, I've been living here since I was 10 yrs. old- getting deported would be very tragic. I love my husband still after everything, but he's pushed me to my limits. Any help would be really appreciated.