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  • Removing condition while separated, not divorced

    Hi,
    I've read enough however I haven't still found what i 've been looking for. So, thank you for taking the time to read.
    I am a conditional permanent resident. Me and my wife decided to end our marriage (which was bona fide and in good faith) 6-7 months ago and we have only emailed each other several times since then. The problems that caused the divorce were solved but we both are being pigs not to initiate a mutual conversation to get back together. This may mean i will not ask her to file the 751 with me. According to the laws of the state we live in, one should file a separation one year prior to filing a divorce. So we filed a separation. If we don't change our minds in a year we will be eligible to file a divorce. This time of eligibility is going to start in the second half of my 90 day period. We don't have and joint accounts, bills, mortgage payments or anything. We just have tons of pictures taken in the last 4-5 years of our relationship, including dating times and marriage.
    My questions are: Is separation and divorce the same in this case? Should I apply by myself or would it lower my chances? Is it possible to just file together and not be called for an interview? Because she may agree to file together proving that we had a bona fide marriage but she will not want to go to the interview and spend her 'precious ' time so that i can remove my condition.
    Thanks

  • #2
    Read comments and answers in bold.

    Originally posted by amydu
    Hi,
    I've read enough however I haven't still found what i 've been looking for. So, thank you for taking the time to read.
    I am a conditional permanent resident. Me and my wife decided to end our marriage (which was bona fide and in good faith) 6-7 months ago and we have only emailed each other several times since then. Exactly how long were you together after you received your GC? The problems that caused the divorce were solved but we both are being pigs not to initiate a mutual conversation to get back together. This may mean i will not ask her to file the 751 with me. According to the laws of the state we live in, one should file a separation one year prior to filing a divorce. So we filed a separation. If we don't change our minds in a year we will be eligible to file a divorce. You can not file I-751 by yourself, UNLESS you are divorced or your wife is dead. A separation is not the same as a divorce, you need to either get together or get a divorce NOW.This time of eligibility is going to start in the second half of my 90 day period. We don't have and joint accounts, bills, mortgage payments or anything. We just have tons of pictures taken in the last 4-5 years of our relationship, including dating times and marriage. You are toast. No bills, nothing that proves the joint life together? pictures are not going to cut it... specially not pictures before you got your GC. The only things that matter are documents dated post you receiving your GC.
    My questions are: Is separation and divorce the same in this case? No. You can not file I-751 by yourself until you have divorce certificate, and you can not file I-751 together if you are separated. Should I apply by myself or would it lower my chances? Your only way is to apply by yourself, but your chances are already low. Is it possible to just file together and not be called for an interview? Because she may agree to file together proving that we had a bona fide marriage but she will not want to go to the interview and spend her 'precious ' time so that i can remove my condition. That will be fraud. You are not together and you plan on divorcing... you have no evidence of the relationship... you two WILL be called for an interview.
    Thanks
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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