QUESTION
What's my best option to file a Form I-751 on a conditional green card?
Asked on Apr 06th, 2017 on Immigration - Georgia
More details to this question:
I got married with an American in June last year. I got approved for conditional residence in January 2017. We had been dating for years. He came to visit me to my home country twice. It is evidently a good-faith marriage but since I came here, I found out that he had been committing adultery for years and has a sex addiction. We've been to counseling and he's in the program (going to SA meetings) and also going to individual therapy. We are in a good place, although I am not sure if this is what I want for the rest of my life. He is willing to accept any decision I make (whether I want to stay or leave) and file jointly for Form I-751 if that's what I want to do. What is my best option? Is it better if I try to stick with him for two years and we file jointly, even if I decide I don't want to be with him? Is it better if I file for divorced claiming adultery and present evidence for this (such as conversations, letters, affidavits from therapists, different STD testing results)? If we separate, can we file jointly living apart? What do you recommend? I want to set a date for making a decision about this, and I want to do what is best for my immigration status.
1 ANSWER
Sorry to hear of the complications and problems you and your husband are encountering. Your decision about whether to remain in your marriage should not be based upon considerations about succeeding with a Form I-751 Petition to Remove Conditions - I anticipate that you would be able to succeed with that regardless of whether you and your husband filed that application jointly or you filed it alone following divorce with a request for waiver of the usual requirement for joint filing. I advise that you obtain marriage relationship advice from a professional in that field, and that you obtain legal advice about divorce (including about your rights and responsibilities in the event of a divorce) from a domestic relations/divorce attorney. Note that to succeed with an I-751 petition, and especially one with a request for a waiver of joint filing, it will be important to have a strong set of documentary evidence showing that you and your husband resided together in a good faith marriage. In addition to other evidence, documentary evidence that you and he have been to counseling, that your husband is obtaining individual therapy and that he is participating in SA meetings can be important to show the bona fide nature of your marriage notwithstanding the problems you are encountering and even notwithstanding a divorce. Especially for the type of complexities you mentioned, it would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jul 03rd, 2017 at 5:16 PM