NY State

[Jack809]

Married US citizen 2 years ago, been in country for 10 months, now we are separated, not divorced, how do I stay in US?

We met online, after month or two she came to my country and we got married, waited 12 months to get papers, entered US on November 2015, now we are separated, she said she will help me with staying in country. Please help, it is urgent
I am in NY State
Thank you

 

[FlyingRon]

You need an immigration attorney. Did you have a conditional green card issued? On what date?

 

[Jack809]

Yes, I got my cobditional green card in November 2015

 

[Jack809]

And, by the way, I can't afford an immigration lawyer, otherwise I wouldnt be writing here

 

[FlyingRon]

You will have to prove when you apply in August of next year for your permanent green card that you didn't enter into the marriage in bad-faith (i.e., you only married to get into the US). It would help you to save your pennies for an immigration lawyer for that application.

 

[not2cleverRed]

A marriage based greencard is issued as "conditional", with the applicant applying to remove the conditions after 2 years of marriage (it's hot, no AC, my backspace isn't working right and there's something wrong with the cursor - so look it up yourself, used to be something like a 90 day window).

So, have you been married almost 2 years or a little over 2 years? If you have been married over 2 years, just fill out the paperwork for a permanent greencard. Do it now. uscis.gov

 

[Jack809]

Isnt it after two years of entering the country?

 

[Jack809]

Because I got married in October 2014, and entered US on November 2015, so I thought I would have to wait for another year to submit change of status application

 

[FlyingRon]

It's neither from the date you were married or the date you entered the US, it is two years from the date the conditional green card was issued. This is why I specifically asked for that date. You can make the application 90 days before the expiry of your current card (which gives us August of next year). Since this isn't straight forward, it behooves you to get started early on it.

You appear to probably have a good claim that the marriage itself wasn't a sham to get admitted to the US, but they will want to see documentation: Your original marriage documentation (abroad), the dates of everything you've filed etc..., what formal separation things you or your spouse have started, etc... Again, it is probably worth saving up for an attorney to help.

 

[Jack809]

What worries me is that we met and known each other for only a month or two before getting married. My wife and I know our marriage was real, it just didn't work out, but when a USCIS official looks at that it will probably seem suspicious, I have pictures fron our wedding, joint tax returns and joint accounts. I am affraid of being denied a permanent green card for lack of evidence, or just on the basis that we have known each other only for couple of months before we got married.
I would like to know what my chances are of staying in the country??
If they are slim, I would rather pack my bags now and leave

 

[Proserpina]

What worries me is that we met and known each other for only a month or two before getting married. My wife and I know our marriage was real, it just didn't work out, but when a USCIS official looks at that it will probably seem suspicious, I have pictures fron our wedding, joint tax returns and joint accounts. I am affraid of being denied a permanent green card for lack of evidence, or just on the basis that we have known each other only for couple of months before we got married.
I would like to know what my chances are of staying in the country??
If they are slim, I would rather pack my bags now and leave

You were already issued the conditional card - that's where you had a chance of being denied. You passed that "test"; now all you're doing is (essentially) removing the conditions. As long as you were honest then, and will be honest now when asked, you'll be fine. Try not to worry.

 

[Jack809]

Thanks for the encouragement, I really appreciate it!
This has got me really worried.
Now I have to speak to a lawyer, can someone suggest a lawyer who would be open to giving me free advice for the beginning?
I can pay later, right now I m broke
Thanks again!

 

[Ohiogal]

Thanks for the encouragement, I really appreciate it!
This has got me really worried.
Now I have to speak to a lawyer, can someone suggest a lawyer who would be open to giving me free advice for the beginning?
I can pay later, right now I m broke
Thanks again!

Try legal aid.

 

[Jack809]

Legal aid wont do, because my wife's income is above the limits they have.

 

[Jack809]

I would welcome any other suggestions
Thank you