Jersey

I will get right to the point here... my wife left me in May. Her 2-year will be up in February. Although I have been desperately trying to reconcile things and get her back, she says she is happy and has no desire to. Although everyone I have asked, including an immigration counselor, says I should just get the divorce and let her deal with it; I am reluctant to do so. Both because I would hate to see her get deported over something that could happen to anyone, and I still hope we can get back together someday.

So my question is, would it be wise to just stay separated, file the I-751 jointly with all the proof, and just be up-front in the interview? Or get the divorce and let her just file the waiver? It would be nice if we could just submit all the proof documents and not have to interview. We have a joint bank account, taxes for 2005, an apartment lease together, she's on my insurance, and car insurance. I could probably get some friends to sign affidavits, but I doubt my mother would she's pretty po'ed at her right now

If it helps at all I know the pain that you must be going through as I loved my husband very much but he was adament that he wanted out and that it was over for good no turning back, I had a bit of a breakdown it was never diagnosed but I lost 20pounds and cried at everything I was a mess for 3-4 months, then I decided enough was enough and that I had to get on with my life I got a great job and started dating other guys but never really stopped thinking of him, well the phone call came one day after 7 months please come back, I did it did not work, in that time frame we adjusted status.

My point is this in case you are wondering where it is going there is always a reason why folk separate and you need to get to the root of it before you too can move on, my ex had a drink problem some kind of chemical imbalance that would turn him into a monster and I was terrified but I knew the good side was there, I am not saying she has the same problem but my ex also had the issue of a cultural differance, he could not handle that I had opinions and was educated came from a good family and he resented that which was voiced whilst drinking, sometimes you have to let people find out how to change themselves you just can't change them let them figure it out if they really want to they will.

Don't for goodness sakes lie to Immigration and file the 1751 saying that you are still together if they find out you lied it could ruin you, get the divorce and let her file a waiver, it sounds like you had a good marriage for a period of time.

Even if you are divorced you can still re-marry.

I now live with my ex- husband (2nd attempt) and he has not had a drink for over a year and its going great its been a struggle but what I trying to say is that never give up if its ment to be and in time she may just come back.

Good luck and hold your head high you sound a nice man she just needs to realise that give her time.

If a second opinion is not an option, then what did your current lawyer think of the bona fides you have? Frankly, if you're reconciled with your initial husband, I don't see that access to joint financial documents, evidence or even an affidavit from him and friends etc would be the issue, but rather the question is of what quality is the evidence you have? Does it cover a substantial period of the 2 year conditional residency?

Thank you so much for taking the time every one to get back to me.

Please could you elabarate on the highlighted area question as I am not really understanding what you mean?

We separated once before during that time of the 2 years, we have a documents in joint names like bank accounts and the house ownership, the satellite is in my name and the phone was in my name the original copies of this evidence were taken at the AOS interview except of course the house documents.

They are more then welcome to come and visit I am serious we are living as husband and wife I want this to work but am concerned that if it does go wrong again? IF and I tell them we are together and then by the time I get an interview we are separated again its going to look bad I am just trying to tell the truth I would never lie.

I also know that you are not supposed to answer any more questions or offer anymore then asked for and the 1751 does not have any area thats says " have you since reconclied with your spouse since divorce".

Mess hey?

JERSEY,

I'm with meauxna. Even without the complication of having reconciled, removing conditions after a divorce calls for at least a consultation with an immigration attorney to review the facts of the situation and get some advice on what to say, how to say it, and perhaps most important of all - what not to say.

I spoke to my Lawyer a few weeks back and he said that it was a plus for me to be back with him as it would prove that the marriage was legitimate, he just assumes that it will be all OK but I want a second opinion.

Another Lawyer is not an option as I paid a damn fortune for this one

As some may know from my other few posts I am back with my ex-husband and I am going to file the removal of conditions next week based on my Divorce ie I will be self petioning and reqesting that I am granted a waiver.

Question should I inform them that I am back and living with my ex as husband and wife or not mention it?

Thank you in advance

You have to send in the dissolution absolute from your divorce (a copy) or they will not process the 1-751.

They will then more then likely send you an extension notice for 1 year.

I have a couple of friends that had to wait neally 2 years to hear if they were approved, and they were with no interview.

As for the AR11 don't sweat it I have moved so many times and when I had my last appointment with Immigration (infopass) they told me that the system can take up to 10 months update your address.

If you are really concerned about your issue then book an info pass at your local office and just ask your questions there it will put your mind at rest.

He said pretty much what you said and laughed.

But I do not want to re-marry him yet I want to make sure that all is well first for the long term.

Do you think they will let me self petition or refuse it.?

I have a lawyer who has told me that I should have no problems but it would be nice to hear from anyone else who had been threw this situation.

My buddy is letting me use his log in name as I was asking about this situation and he said to post on visa journey, as he sorted his situation out.

I have a CGC and am divorced I am going to remove the conditions self petition BUT have reconciled with my hubby and we are living together as man and wife again.

Anyone ever heard of this happening please