I-751 Question

[jdlpz]

Hi guys, I need your help. I'm currently 4 months into my conditional residence. My husband physically abused me last November, and he has been cheating on me since. We also have fights about daily about the most mundane of things. I'm thinking of leaving him, but I'm scared of what would happen with my residency.

1) I know I can go the divorce -> waiver route, but I'm scared that my evidence for good faith marriage won't be enough. I mostly have some pictures, and bank accounts to our names.

2) If both of us just agree to live separately, would this be a viable option for when the time comes to apply to remove the conditions?

[rayb]

Living together for 4 months, then dissolving the relationship by living separately doesn't make for a viable meeting of conditions to obtain a 10-year card.

Unless you have credible police and medical reports, your separation after 4 months of marriage is likely to be perceived as immaturity, rather than a serious attempt at adjusting to life in a new country.

My advice is to stick this out, at the same address, for at least a year before "pulling the plug."

--Ray B

Hi guys, I need your help. I'm currently 4 months into my conditional residence. My husband physically abused me last November, and he has been cheating on me since. We also have fights about daily about the most mundane of things. I'm thinking of leaving him, but I'm scared of what would happen with my residency.

1) I know I can go the divorce -> waiver route, but I'm scared that my evidence for good faith marriage won't be enough. I mostly have some pictures, and bank accounts to our names.

2) If both of us just agree to live separately, would this be a viable option for when the time comes to apply to remove the conditions?

[newacct]

Living together for 4 months, then dissolving the relationship by living separately doesn't make for a viable meeting of conditions to obtain a 10-year card.

Unless you have credible police and medical reports, your separation after 4 months of marriage is likely to be perceived as immaturity, rather than a serious attempt at adjusting to life in a new country.

My advice is to stick this out, at the same address, for at least a year before "pulling the plug."

--Ray B

But there's no requirement for "maturity" or "attempt at adjusting to life in a new country". They just need to have not entered into the marriage for the purpose of evading the immigration laws. That's the only condition.

[rayb]

NewAcct,

On the contrary, the poster is concerned about how her short-term relationship will be viewed when applying for Removal of Conditions for her 10-year Green Card. For that procedure, close scrutiny will be given to the proof of a valid relationship. Moving out after only 4 months of marriage, without solid proof of being mistreated, could be a deal breaker when being interviewed for her 10-year card.

--Ray B

But there's no requirement for "maturity" or "attempt at adjusting to life in a new country". They just need to have not entered into the marriage for the purpose of evading the immigration laws. That's the only condition.

[TarCas]

Hi guys, I need your help. I'm currently 4 months into my conditional residence. My husband physically abused me last November, and he has been cheating on me since. We also have fights about daily about the most mundane of things. I'm thinking of leaving him, but I'm scared of what would happen with my residency.

1) I know I can go the divorce -> waiver route, but I'm scared that my evidence for good faith marriage won't be enough. I mostly have some pictures, and bank accounts to our names.

2) If both of us just agree to live separately, would this be a viable option for when the time comes to apply to remove the conditions?

How long did you live together with your husband prior to filing AOS? What evidence of proof of marriage did you provide?