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Divorced while on Conditional Status (Spouse willing to sign and come to interview)

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  • Divorced while on Conditional Status (Spouse willing to sign and come to interview)

    I was married Feb 2016 to my spouse who I had known since November 2015, and shortly after our Green Card interview March 2017, we moved out of our apartment due to problems with our dogs and the neighbors. We moved back into each others parents house and planned to save and move out in the coming months to get a house with a backyard. In the meantime, we had troubles, arguing over text, eventually I found out she was seeing someone for about a month while we weren't living together.
    We tried to get thorough it, got as far as emailing a couples counselor but we just kept arguing and eventually she wanted a divorce.

    September 2017 we will be officially divorced. I keep seeing forums and questions pertaining to "If my spouse ISN'T willing to sign the petition for removal conditional status for Green Card". I want to know, what is my wife is willing too. Does she come to the interview with me and do we go through the whole life and times of our marriage? Basically is there any upside to my case if she signs, or is it better to just apply for the Waiver and not have her sign and go it alone?

    Also, I have text and email confirmation of her adultery, is this something I want to bring up, or should I just leave it and say we ended because we argued too much and fell out of love. I'm not sure how deep I should get into it.

    I have DAILY/HOURLY/MINUTELY texts and emails from when we started argueing, and tried getting back together. Would they want to see a print out of that to confirm we were indeed trying to sort through our problems?

    Thanks

  • #2
    If you will be divorced, then you can only file by yourself. Her being willing to file jointly and go to the interview is only relevant in the case you guys are still married (not yet divorced).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      And is this something I should consult a lawyer about?

      My parents moved here about 6 months after we got married as my only brother was living here also, married with kids. My parents sold their house and bought a house with my brothers family and all live together in the states now.

      I now only have ties in the U.S after all of that and no ties back home....is this something I should mention in my interview?

      Thanks for your previous feedback

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