Divorce during Conditional Permanent Residency

[grainyb]

What is the name of your state (only U.S. law)? New York

I am a conditional green card holder (by marriage to a US citizen) and contemplating a divorce .
The 90 day period to file for waiver of my conditional residency comes only in September 2013. I am wondering how long I can hold out in this painful marriage. I just started out as a management consultant with a large firm and travel all over the US on my job so I am trying to gather information on the go.

Question about timing myself for a divorce:

We did not file joint taxes last two years (he refused to and said it was unnecessary as I was a student with 0 income anyway). He is not showing any income, I make the higher income in my household this year at $130k+ p.a.

1. Do we have to wait till next April to file joint taxes as a couple and then file for a divorce?
2. Can the lack of joint taxes be a make or break deal?
3. Can we still file taxes jointly as a divorced couple or while awaiting one? (In the circumstance that he pressurizes me to file for a divorce earlier)


What I have at present:

1. Joint bank account history from two years
2. My employer sponsored Health Insurance for both of us and Life insurance ( he is the beneficiary along with a parent)
3. Plenty mail that I have received jointly with him at our NY residence
4. Affidavits from his sister's family (who are nice to me and willing to cooperate)
5. Joint Mobile Bill history of 1.5 years
Copy of all email history ever exchanged "with him and his family members" during last 3 years (he never leaves a trail of communication ; he barely ever responds when I tried to discuss problems with him, but I do have a couple hundred from when we started dating and got married)

What I can procure in the coming months

6. Phone/Cable Bills (he is yet to add my name to it, I hope he will keep up the promise)
7. I can purchase a car for us and add him to the title?
8. Affidavits from atleast 5 common friends and neighbors
9. Does Vonage/Netflix accounts count?
10. Should I pay some of the Maintenance on his apartment to get additional documentation - This may be hard to accomplish as I get jerked around every time I ask him anything. He makes me wait for ever and responds only a whisker short of a timeline if he ever does. He really saps my energy when he decides to jerk me around on issues - big or small.
11. Videos/pictures from our past showing us together with his family
12. Letters/affidavits from our building management/concierge staff


Any more suggestions on what else I can produce as evidence of a Bonafide marriage? He owns his apartment that we live in - mortgage paid off - so we do not have rental/lease in place.

I have a good relationship with his extended family, they seem like normal trustworthy folks (quite contrary to my husband ) and will make an attempt to help me out with this. The kids literally live at our place when I am in town, so there has been some bonding with them that could highlight my authentic integration into my inlaws' family if it is worthy of a mention.

I am open and candid with my spouse, keeping him involved in my thought process and plans. He knows he can trust me (more than I do him ) and that am not going to court about domestic abuse or annulment, money etc (though my marriage has been full of abuse and a disaster right from the first day). He has said he will cooperate and support the petition for the waiver, but he is also unpredictable and I do not know how much of it he will deliver. We are both quite well educated with PHD/MBAs from Top 3 schools in the US. My spouse used to be a well known successful banker on wall street in the 90s and as well savy about the law as most attorneys I 've known.

Apologies for a post too long, but I appreciate answers to any of these.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York

I am a conditional green card holder (by marriage to a US citizen) and contemplating a divorce .
The 90 day period to file for waiver of my conditional residency comes only in September 2013. I am wondering how long I can hold out in this painful marriage. I just started out as a management consultant with a large firm and travel all over the US on my job so I am trying to gather information on the go.

Question about timing myself for a divorce:

We did not file joint taxes last two years (he refused to and said it was unnecessary as I was a student with 0 income anyway). He is not showing any income, I make the higher income in my household this year at $130k+ p.a.

1. Do we have to wait till next April to file joint taxes as a couple and then file for a divorce?
2. Can the lack of joint taxes be a make or break deal?
3. Can we still file taxes jointly as a divorced couple or while awaiting one? (In the circumstance that he pressurizes me to file for a divorce earlier)


What I have at present:

1. Joint bank account history from two years
2. My employer sponsored Health Insurance for both of us and Life insurance ( he is the beneficiary along with a parent)
3. Plenty mail that I have received jointly with him at our NY residence
4. Affidavits from his sister's family (who are nice to me and willing to cooperate)
5. Joint Mobile Bill history of 1.5 years
Copy of all email history ever exchanged "with him and his family members" during last 3 years (he never leaves a trail of communication ; he barely ever responds when I tried to discuss problems with him, but I do have a couple hundred from when we started dating and got married)

What I can procure in the coming months

6. Phone/Cable Bills (he is yet to add my name to it, I hope he will keep up the promise)
7. I can purchase a car for us and add him to the title?
8. Affidavits from atleast 5 common friends and neighbors
9. Does Vonage/Netflix accounts count?
10. Should I pay some of the Maintenance on his apartment to get additional documentation - This may be hard to accomplish as I get jerked around every time I ask him anything. He makes me wait for ever and responds only a whisker short of a timeline if he ever does. He really saps my energy when he decides to jerk me around on issues - big or small.
11. Videos/pictures from our past showing us together with his family
12. Letters/affidavits from our building management/concierge staff


Any more suggestions on what else I can produce as evidence of a Bonafide marriage? He owns his apartment that we live in - mortgage paid off - so we do not have rental/lease in place.

I have a good relationship with his extended family, they seem like normal trustworthy folks (quite contrary to my husband ) and will make an attempt to help me out with this. The kids literally live at our place when I am in town, so there has been some bonding with them that could highlight my authentic integration into my inlaws' family if it is worthy of a mention.

I am open and candid with my spouse, keeping him involved in my thought process and plans. He knows he can trust me (more than I do him ) and that am not going to court about domestic abuse or annulment, money etc (though my marriage has been full of abuse and a disaster right from the first day). He has said he will cooperate and support the petition for the waiver, but he is also unpredictable and I do not know how much of it he will deliver. We are both quite well educated with PHD/MBAs from Top 3 schools in the US. My spouse used to be a well known successful banker on wall street in the 90s and as well savy about the law as most attorneys I 've known.

Apologies for a post too long, but I appreciate answers to any of these.

It sounds to me like you have more than enough to demonstrate a Bonafide marriage now. However, you earn enough money that you could certainly afford to consult with an immigration attorney, and should.

 

[LordofBooks]

I always tell people that if you can afford to talk to an attorney, you should actually do it. This is especially true in your case since a screw up here could be life changing for you.

 

[ImmigAttyLana]

You need to understand that if you are applying jointly for the I-751, you have to show that the marriage is still bona fide. Your husband needs to agree to that as his signature is required on the application and he may have to appear at the interview, if and when one is scheduled. If you are already planning as to when the divorce will be filed, it may not be viewed as a bona fide marriage by USCIS but a way to prolong the legal marital status to obtain immigration benefits. Your husband may be of the same opinion and may freely share that opinion with the USCIS. Therefore, you really want to be careful about that.

You can still get the conditional status removed if you are divorced as long as you can prove that the marriage was bona fide at the time it was entered into and through its termination. It sounds like you have a lot of solid evidence and you may need to obtain additional evidence to bolster your case. I would strongly suggest that you consult with an immigration attorney on your case.