Immigration Issues/Seperation


Here is my situation.  I obtained my conditional greencard in January 2005.  I am Canadian and married a U.S. citizen on November 6, 2004.  The marriage is breaking down, we are friends and he wants to sign the papers to have the conditions removed in September.  I am currently living on my own in an apartment.  He visits frequently as friends.  What I want to know is should I file for divorce and file without him or should I remain married. This marriage was entered to in good faith.....he is the one who strayed and I cannot find it in myself to trust him again as I forgave one episode but cannot forgive the next one.  The women called the house etc.  I left Canada at the age of 47..and was previously married for 30 years.  That marriage ended after the death of our son, which happens alot I have heard.  Please guide me in the right decision as I currently have a wonderful job and I am even a Notary her in the state of florida.
ANSWER: Since you are not living together, you should file for Divorce and when it becomes final, file the I-751. As long as you have evidence of the relationship while iot lasted, you will be ok.



---------- FOLLOW-UP ----------

QUESTION: Thank you for your quick response.........what information should I gather to submit with the I-751 when I submit it and what happens with my job etc. while I wait for approval...and can I travel back to canada for vacations during the  time it takes to receive my Permanent Residency..My employer has also offered to sponsor me if need be.

After divorce, you file I-751 with fee of $275 and evidence of marriage after you got approved until when you split. When it is filed they send you a receipt extending your card for a year that you can use to travel. You do not need your employer. You need to prove the bonafides of your marriage.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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