We got married in early 2011 and got my wife's green card in late 2011. She remained in her home country until mid-2013, and we saw each other a lot of weekends. She got a job in the USA and moved here in summer 2013, bought a condo in her name only, and immediately threw me out. I gave her a lot of money during the marriage and made her beneficiary on my investments, but she never added me to any of her accounts and we never had any joint leases or property and had a joint address for only a month while she was asking me to leave. We filed a joint I-751 while splitting up. Will she be approved? Will she be automatically denied if I don't go to the interview if there is one? What could I do to get her approved, or alternatively to get her denied?
Additional information: (1) I-751 was filed Oct. 2013, no action yet; (2) Neither of us has yet filed for divorce and no divorce could be final until January 2015; (3) I understand the waiver issues, my main question is whether the totality of a bona fide "boyfriend-girlfriend" type relationship for years before and after the marriage but the lack of comingled assets and particularly that she never lived with me and when we finally were actually in the same place but she threw me out, will meet the "good faith" standard. I understand that current viability is not a criterion, but will this meet "good faith" based on behavior prior to separation and the timing and circumstances of separation.
Without the information she may present an assessment of her presentation cannot be made. The decision will be by CIS based on the filing and the evidence presented. You may want to speak with a domestic relations attorney and immigration attorney.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
1 lawyer agrees
Current viability of marriage is not a basis for a denial of the I-751 petition. As a result, if a couple is separated and/or the marriage is not currently viable, your wife still should be able to file and have approved a joint petition, so long as no divorce or annulment proceedings have commenced, and you co-signs the I-751 and appear at any scheduled interview. If you will get divorced or will not show up for an interview, she will have to request for the joint petition be converted to waiver petition based on the applicable waiver ground such as good faith marriage that ended in a divorce. She will be required to produce divorce decree and evidence to show that your marriage was in fact "real".
The information presented at this site is for general information only and should not be constructed to be formal legal advice nor the formation of attorney/client relationship.
You are asking for a detailed consultation not general information. You can do that on a consultation with an immigration attorney. As of now, AVVO is not a law office and cannot offer particularized advice.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
2 lawyers agree
The best thing you can do for her (either way) is to encourage her to engage an experienced immigration attorney to help both of you sort through what USCIS needs. Although you may be hurt, I am sure you don't want to lie to USCIS just to get her in trouble. If you are not living together, then whether or not you go to the interview, the current I-751 will be denied (or postponed while the two of you get divorced). If/when you get divorced, she can file a new I-751 requesting one of two waivers. Your help and cooperation will be an enormous advantage to her. Best possible world for her is if you go to interview, attest that your both intended to build a life together on the day you married, but you grew apart and you separated. Best to use a good attorney with experience in these post-separation I-751's. We did so complete a job last summer on one that the I-751 was approved without an interview.
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.