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Immigration Issues/I 751 pending/separation


I am married to an US citizen since 2000. I have an I 751 (removal of conditional residential status) pending in NYC since april 2003. i recently separated from my husband.
i am now wondering, once i am invited to an interview at the INS, how to present the case. i understand that the law is that if we were married in good faith, that after two years, legally i have the right to stay. but practically i might i can run into difficulties? i was also told   by an immi. lawyer that it would be better, more credible to appear for an interview as a divorced couple, rather than as an only separated couple.
what could be the consequences to either just go to the interview and pretend everything is fine, or to go, separated, and to be honest,, or to go as a divorced couple.
in any of these cases do i run the risk of immediate deportation?

thank you.

The option that you can not do is go in without him and without a divorce. You both signed the form and must both go in. If you get divorced, you must refile after the divorce. Only you would sign and you would check off the box stating that you entered into the marraige in good faith but it was terminated by divorce. It used to be that you could just go in by yourslf and change the category at the interview but they no longer allow this and require anew filing.The other option is to go in together and provide proof of the relationship from the time you got your conditional card to the time of the interview. If you are no longer generating joint bills/taxes/photos, this may raise suspicion.

As long as you have enough evidence together your case willbe approved one way or the other and you will not face deportation.


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Robert Hollander<B> Esq.</B>



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