diadromous mermaid

Actually, if she had the interview already and receives the card technically she's legal, except that when she goes to remove conditions they might frown on the fact she was divorced prior to receiving the card.

Gary's suggestion to return to Brazil is a valid one.

Hmmm. True enough BUT. (the but-monkey, oh no!) If she had her interview in February and no green card yet, and she signed divorce papers in May, hmmmm, me thinks someone posted a letter to the USCIS.

No doubt there are some "lame duck" conditional green cards out there. But there is no way I can advise you a way to stay when the terms of the visa have not been met.

Gary,

Just to make sure we don't precipitate misunderstanding, the terms of the "visa" were met once the K-1 entrant entered into marriage within the 90-day limit. However, you are right that the successful adjustment of status requires a viable marriage, even if the marriage was still viable at the time of an interview, or a the time that the case was rviewed, if it is not viable, and in fact has terminated prior to approval, unfortunately the alien will not be able to adjust status this way. Even if she is now awarded a green card, it would be in error. An error that would later come to haunt her if she proceeded with permanent residency.

rika60607 is correct about the fact that you would have a chance for the application to be adjudicated before the IJ in any removal hearing, and chances are all would be fine at that point, but for peace of mind in the meantime, it's worth a quick consult with an immigration attorney (familiar with waiver cases) to determine the best way to respond to the RFE on time so as not to trigger any removal action and to alert USCIS that failure to provide a copy of the decree is through no fault of your own.

I'm not all too sure about how the pension benefits might apply. My understanding is that an LPR would receive 2 pensions: one as a result of any work performed in the US, and the UK pension, which he or she would receive from UK work history. This was how it worked, however, it might have changed over the years.

Well it's important that an alien request a determination from SSA, as soon as he or she has satisfied the 40 quarters with the contribution of his/her spouse's quarters. This is especially important if the couple is headed towards divorce. In cases where the marriage is and remains viable it's not so important, but once the marriage begins to head south, and *if* the alien has met the requirements counting the current USC spouse's credits, then it is crucial that a determination be made by SSA allowing the alien the benefit of his or her spouse's credits before USCIS and the SSA is aware of the imminence of divorce. Once a divorce occurs, the USC spouse's credits are removed from the alien's record. All individuals are well served by doing this, as the sponsor benefits just as the alien does in meeting the requirement, regardless of how acrimonmious the relationship becomes at the point where divorce is inevitable.

Ah, I see. I had sort of guessed you might have to go to your SS office.

I wonder if the calculation would just happen 'naturally' when the alien retires and starts to draw benefits. And in the case of "older" people like us, I wonder about benefits earned in the home country. I've read about reciprocity between the US and the UK when it comes to pensions. If the alien wishes to have credits he earned in his home country applied towards his US Social Security benefit, does he have to ask for that? Would it be beneficial?

I wonder if I went to my SS office and picked their brains about this, if they'd know the correct answer......

Well it's important that an alien request a determination from SSA, as soon as he or she has satisfied the 40 quarters with the contribution of his/her spouse's quarters. This is especially important if the couple is headed towards divorce. In cases where the marriage is and remains viable it's not so important, but once the marriage begins to head south, and *if* the alien has met the requirements counting the current USC spouse's credits, then it is crucial that a determination be made by SSA allowing the alien the benefit of his or her spouse's credits before USCIS and the SSA is aware of the imminence of divorce. Once a divorce occurs, the USC spouse's credits are removed from the alien's record. All individuals are well served by doing this, as the sponsor benefits just as the alien does in meeting the requirement, regardless of how acrimonmious the relationship becomes at the point where divorce is inevitable.

How is that proven though, DM? I mean - how can the alien contributing to SS 'see' the proof of that?

We all get statements from SS each year. Wes' statement continues to accrue quarters with each year. But if he is accruing from me (and I've worked the entire time and worked enough) his statement does not reflect that.

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

I can't remember your exact circumstances, so please fill in the blanks for me.

Did you send a waiver I-751 in December? If so, did you check box "d" only, or did you also check the box that indicates that you would suffer extreme hardship if removed from the USA?

Aliens are often under the impression that they can only mark one ground for a waiver, when in fact, they can use all that apply.

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

No, its more complicated.. I sent the I-751 last december, then got a extention for a year after acceptance. They accepted it even thought I had only the official separation agreement and not the final divorce, because in NC you have to wait one year for divorce. So I thought all is fine and I got enough time within the year to get my divorce. But then I kinda "woke up" the sleeping lions, because I didnt get an appointment for my daughter for going to Biometrics like i did and I called service center about it because I payed for my daughters Biometrics as well and her card expires in july... well, they couldnt help me and sent me for an infopass appointment but they coulldnt help me eighter and just informed the USCIS... I hoped to get finally the appointment for my daughter to get her Biometrics and extension letter as well, but no.... all I got was this awfull letter where they write me, "Request of evidence" the final divorce is missing and I have to submitt it latest by july 20 or I will be put under removal... no word about my daughters situation..... it sucks... and I am scared...... it is not my fault that NC has a year separation time! And is not my fault eighter that my soon to be ex was a complete jerk! Am sorry..........thanks

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

Correction: The prima facie determination is made to provide the alien a "qualified" status in order to seek benefits (such as assistance or an EAD) while the case is being thoroughly reviewed. The actual approval or denial in a VAWA case can take many months. In order for an alien to receive a prima facie determination...he or she must have addressed each of the requirements listed below and have provided some supporting evidence. This may be in the form of a statement that addresses each requirement.

The self-petitioning spouse,

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
• Is required to be a person of good moral character.
• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

VAWA applications are denied if the applicant can't show enough evidence that the abuse actually took place. VAWA applications receive extra scrutiny because they are frequently used by immigration scammers who don't want to wait it out in a sham marriage to get their legal status, and are looking for a shortcut to an unconditional green card. Most VAWA applications are approved, though.

Most appeals are denied because the applicant usually can't present any new evidence to change the initial ruling.

In other words.... When you get your Prima facie letter means that you're almost there? I know that letter says that it doesn't mean your case would be approved but if they considerate that you sent enough evidence, don't request more evidence and issue a prima facie letter , I think they're pre-aproving your case, isn't it? Am I wrong?

Prima Facie is Latin. It literally means "on it's face". What this means is that, at first glance, you appear to have enough evidence for your case to proceed. It doesn't mean your evidence has been ACCEPTED as FACT. It doesn't mean "you're almost there". It means you've gotten past the first step. If the evidence you submitted is subsequently found to be factual, then your case will be approved.

Aliens are only statutorily ineligible for federal means-tested benefits for the first 5 years after the receive permanent residence. You adjustd status in July 2004, that means after July 2009 you would not be found ineligible.

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

That's not the problem. The problem is her sponsor. I assume the primary sponsor is her husband. The sponsor can be held liable if she collects any means tested benefits before she either becomes a citizen or accrues 40 quarters of work credits. Assuming she began working as soon as she was able, and she worked continuously since then, it would take 10 years to accrue all of the necessary credits. She may be eligible to receive benefits, but her husband can also be held liable for paying the government for those benefits. The terms are spelled out in the I-864 he filed on her behalf. If her husband had a co-sponsor, then the co-sponsor is also liable. Under the terms of outlined by the Social Security Administration, her sponsor and co-sponsor's income can be considered when determining her eligibility for benefits because they have a legal obligation to support her.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

This comment is really out of line. While a prima facie determination on an I-360 is not an outright approval, it is the result of a review and a determination that on its face the alien appears eligible. Why on earth would an alien that is eligible to seek relief in such a manner feel obliged to "go home"?

chipolino, i sent picture together, some joint bill, letter to each other, my personal declaration, and some statements from friends..

when i left to shelter, all i took with me was my purse and minimum clothing.. i didn't know that i might need all this stuff, you know..

Well, I don't know if this is going to help you, but I didn't receive any letter from immigration after 13 months later when I filed my case and that's MY FIRST and the ONLY PRIMA FACIE LETTER I have and it doesn't say anything about request an extension, only that they would make a decision in my case the next 150 days. By the way, that letter is already expired and i'm still here JUST WAITING.............

If it expired, and you know it expired, why didnt you go home?

Aliens are only statutorily ineligible for federal means-tested benefits for the first 5 years after the receive permanent residence. You adjustd status in July 2004, that means after July 2009 you would not be found ineligible.

My husband just lost his job, and I still haven't been able to find work. Husband is applying for unemployment, and we were just looking at food stamps. When we were applying it mentioned "I or someone in my household is a sponsored alien" I am a 10yr Green Card holder and when I came here on the K-1 visa I did have a sponsor. Does the sponsor continue to hold throughout my life as a Green Card holder? Does this mean my husband can't apply for food stamps for the household?

If the Oath ceremony is presided over by a judge (some DOs have oath ceremonies that are simple administrative ceremonies without a judge presiding) then there shouldn't be a delay.

My wife requested a name change on her N-400. We're wondering how much it might delay her Oath Ceremony (since it has to be conducted by a federal court for the name change).

Why even mention VAWA? VAWA doesn't apply here at all. Your husband has permanent residency already, and he can apply to remove the conditions on his residency alone after divorce. Your attempt to perpetuate this marriage, albeit alone, has complicated YOUR case, not his. If you truly have no malice for him, then provide him with the necessary documentation to support the bonafide nature of the marriage so that he can remove conditions from his residency and have done with him. Proceed with the divorce, if he doesn't file, then you file and right now. Once the divorce is over (forget the abandonment grounds, you don't need them) as it is clear that you have a marriage that is irretrivably broken and that would suffice with any court, then and only then can YOU start the healing process. Hanging on to hope (and in my opinion that is what you have been doing) with this man is your greatet impediment to emotional health for yourself and your children (and please, please oblige my request, and cease referring to them as your "surviving kids".... it's distatesful and disrespectful to them).

I just want to add that I feel for anybody going through this kind of ordeal. Kat, what one of us does may not work for another. I have no advice but I would tell you that I don't think I could go on like you do everyday with him in your home and you being his cash supplier. Best wishes Kat and I hope that you and your children find some happiness.

I contacted an online divorce attorney and I told him he is going to have to call his mom to pay for it. The total cost for the divorce is 709 including court costs. I do not have to attend the hearing. The attorney can hold it in another county since its online ( its 299 for his service with no appearance)

The court filing fees are 409. I am without a shadow of a doubt sure he is meeting up with another woman online (I think she is arabic) He shows absolutely no feelings for me whatsover and just walks by me and I am quietly crying. He said he will apply to adjust his status on his own and does not need me. His mother is in on it too. I was scammed. The only reason he got pissed is he got me pregnant... I have no doubt that this was a scam from day one. I am shattered but the reality is I have to save my house and any potential inheritance and assets and my mom was to the point she was going to cut me out of the will due to him because she was so afraid he would take me on a ride.

He will call his mom tomorrow and his mom will pay for the divorce. My mom said absolutely she will not pay one dime towards anything for him anymore. I am so shattered...losing my son. Wanna a big laugh? Today is one year from the day he arrived. I usually ask myself what did the girl do for the guy to do this and that. The reality here is I have the receipts to prove I paid big for this , bankrolled his status and got screwed.

Believe it or not, I will write a very nice letter to immigration with supporting statements from my friends and family and my son even saying that we all did the best we could to help him and that he did not work the entire time he was here and to please understand that although I bear no malice, I do not feel he married me with good intentions. I will be very kind to him but as lifts conditions or applies for citizenship, maybe it will take an extra month or two. I was nothing but a boat

Demonstrating that a marriage was bonafide and not solely for immigration benefit requires evidence that the alien intended for the marriage to sustain. Therefore, success has less to do with the length of time that the alien remained married after PR was conferred, and more to do with the quality of the evidence presented to corroborate that the alien's intent upon entering the marriage was legitimate.

Well either party can file for divorce. If you have sufficient evidence of a bona fide marriage why wait for her and run the risk that you don't have a decree by the deadline to remove conditions?

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

I'm concerned about how kindly/unkindly USCIS will look upon that, and the chances of approval. Sometimes, enough really is enough...

Technically, an alien that submits a joint petition with a USC spouse, who later separates and finds him/herself in the throes of divorce should notify the Service Centre in writing. Presumably, this is to place USCIS on alert that the marriage is in a terminal state.

Does divorce, according to USCIS and for their puposes, mean seperated and filing for divorce or an actual final divorce decree. i.e. do we have to withdraw the joint app since we are filing for divorce. I know she cannot file the waiver until after we recieve the final divorce decree.

Thankyou for your responses it has been very helpful.

Well either party can file for divorce. If you have sufficient evidence of a bona fide marriage why wait for her and run the risk that you don't have a decree by the deadline to remove conditions?

I have a question. If I am not mistaken, the law states that if a beneficiary can show that they entered into the marriage in good faith, they will be presumed to not be at fault if the marriage does not work out. My question is this: How would USCIS construe this if the beneficiary is the one who files for divorce? Will the beneficiary still be presumed to not be at fault?

First question, what part of the process are you at?

AOS?

2yr conditional GC? 10 yr?

Excellent point brother Bobby.

hello all. I already have my 2 year conditional green card, which I was granted august 30, 2008. We can't file to remove conditions until may 30, 2010. I don't think we are going to last that long, no matter how many times we try. I keep quiet as much as possible to keep the peace, but my wife picks fights with me often about trivial things, and she lets her family interfere way too much in our affairs. This woman has treated my family members with disrespect and repeatedly threatens to kick me out of our home. She insists she will be moving out of our home soon and refuses to file for divorce. I doubt when it comes time to remove conditions that she will do it, so i am in quite a pickle.

And if i get a divorce, could i wait until 90 days before my conditional green card expires to inform the USCIS?

You could, but what would that accomplish? You would have to inform USCIS if you move and if you don't move, but your former Wife did, she'd have to inform USCIS that she did. So, it would be apparent that you were no longer together.

Remarriage during the pendency of an I-360 case results in a denial. If you are engaged to a USC citizen, you could withdraw the I-360 and simply pursue a marrigae-based petition. That is, of course, if you were not originally a K-1 entrant.

let's say i have i-360 VAWA pending, and I'm going to get divorced and get married again. would it lead to denial of new i-130 and i-360 in the same time?

Just for clarification, she is not seeking a visa. The I-751 stage is the removal of conditions on the green card. If you divorce prior to adjudication on the jointly-filed I-751, then she must withdraw the joint application and replace it with a waiver.

My wife and I filed the I-751 earlier this year and biometrics were done. Sice then we have seperated and after therapy things are going nowhere. Finally divorce is looking like our only option left.

From looking at timelines I would guess she would have her visa in 3-4 months. If we hava an interview we aren't planning on hiding anything, but it looks like we probably won't have an interview.

My question is, what should we do if we decide to divorce befor she gets her visa? Divorce in Texas takes at least 3 months to get a divorce decree in order for her to file for removal of conditions on her own. Basicaly if we filed for divorce today she would probably have the visa before the divorce decree.

We filed the I-751 befor our marital problems arose and well befor we seperated. So we filed honestly. I just don't know what to do know? Any advise is appretiated.

Once a divorce decree is available, the alien may file a waiver of the joint requirement to remove conditions. In other words, there is no requirement to wait until 90 days prior to the expiration date on the green card in the event that an alien is self-petitioning after divorce (or annulment, which wouldn't apply in your case).

So, Sallygirl and Sallyboy are posting as one, eh? The answer is that bonafides of marriage would be required to petition to remain in the USA if a divorce occurs. I doubt that an annulment would be honoured by the courts, since you're both attesting that the marriage was and is legitimate.

Bonafides of marriage can be demonstrated by showing that you shared a common residence and shared responsibilities with finances AND the biggie is that any tax returns filed dueing the marriage showed you as married.

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.

Yes posting as one, obviously i was trying to be anonymous but messed that up very well!

We have a 2008 tax return that we filed as married and received money from the state and the government. We share a common residence, sleep in the same bed, all of that.

Would i need to petition before the removal of conditions, or wait until then?

Perhaps there is an agenda on the part of the alien; perhaps there is not. You say you supported her for 10 months prior to her arrival. Is it posible that she was lead to believe that this would continue once she arrived? My recommendation would be to involve her in the financial decisions to show her that there simply is not enough money available to continue such luxuries and measure her response and behaviour afterwards. It might indicate an underlying objective, and then again it might solve the issue.

I'm new here, and some of the information offered and discussed is extemely helpful.

Thank you to everyone.

My story is very similar. I'm the USC and my wife of 6 months came over on a K1.

The LD courtship was about 24 months with numerous trips and redevous.

I supported her for 10 months prior to her arrival.

We married within the 90 days and things were fine until about 2 months ago.

We applied for AOS and are still waiting for an interview date.

Slowly over the last few months the lifestyle we have has not been adaquate for her.

Since day 1 ALL household and personal expenses are paid and provide her an additional $500 per month as 'discretionary" to do with as she pleases.

There's very little purchases she brings home, and tells me she uses it for meals, etc. We eat dinner at home 90% of the time, and the other 10% we go out to dinner together.

We decided 2 months ago it would be easier to start a "discretionary" account at the bank so she would not have to always ask for spending money.

Every time I check this account at the bank, the entire amount is withdrawn within a day of being deposited and the account sits basically empty for the remainer of the month.

Suddenly a $2000 debt,( she had previously told me about), had to be re-paid back home immediately to her personal friend and was agreed to by her.

It HAD to happen within 24 hours! She assured me prior to our marraige she would repay this to her friend when she began working.

No problem.

( the funds had to be wired in dollars and not distributed in local currency. I thought that was strange.....)

Well, now the $500 is not enough and needs to be increased so she can shop with some friends.

I asked "How can you spend this much on basically lunches over a 1 month period while you attend day time classes?"

When I explain the household budget REPEATEDLY to her and show expenses, etc. the arguement is the same.

I'm not taking care of her.

"So are we to act irresponsibly and not pay the bills in order to support a lifestyle??" I ask.

I'm not taking care of her is the reply. Arguement, arguement.

We have sat down a number of times and examined all the expenses and monthly income, and reached amiable agreements at the time, but a week or 2 later, it's not enough.

She's learning to drive and now wants her own car next month, hoping she'll have her license by then.

Of course any red flags from the past, which we always talked about at the time, are waving again.

Anyway it's pretty apparent to me that she's sending money home or stashing.

Again, no purchases show up at the house.

Now of course I've got decisions to make.

Thanks to all for the info posted here.

Good luck to you all.

I am not advising. I am simply relating/informing you of the regulations. My timeline is not relevant.

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

Is your husband a US citizen?

Hello,

I'm an international student came to U.S. on an F-1 (student) VISA. My U.S. VISA expired in Jan. 2009 already, but my I-20 still in status until Auguest 21, 2009.

My husband and I got married last week, and we are ready to apply for my green card (before my I-20 expired). I decided to go with AOC (Adjustment of Status), but when I was filling out the I-485 form, I noticed it only eligible for people who still in U.S. under authorized period.

I got confused about my own status --- Expired VISA & In status I-20. So am I still considered to be in status? am I still able to file my green card application through AOS?

And, even if I'm still eligible to file AOS. I know it's going to take 2 or 3 month for the Immigration office receive and approve the application. But by then my I-20 will be definetely out of status either.

Will that matters?

Thank you

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

So, Sallygirl and Sallyboy are posting as one, eh? The answer is that bonafides of marriage would be required to petition to remain in the USA if a divorce occurs. I doubt that an annulment would be honoured by the courts, since you're both attesting that the marriage was and is legitimate.

Bonafides of marriage can be demonstrated by showing that you shared a common residence and shared responsibilities with finances AND the biggie is that any tax returns filed dueing the marriage showed you as married.

This marriage was entered into in good faith, and we are living with my mother and sister in law. Even they, and my Wife (depending on her mood) would write out an affidavit explaining that. I get on with my in laws so well but things just aren't working out. The only evidence we have is that of which we used for our AOS interview, minus the joint health insurance as my Wife lost hours at work.

Is that going to be enough?

Joint Credit Card

Joint Bank Account

Affidavits from in-law family

Puppy adopted in both our names

Pictures from Florida vacation last month (delayed honeymoon)

ALSO, if we end up divorcing or annulling before the removal of conditions is up, do i need to let USCIS know anything? And if not, should i keep records of all our joint bank statements etc up to the split, i can attain them.