Welcome to JustAnswer! Thank you for requesting me. I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
Unfortunately, that is fraud. USCIS knows that relationships fall apart. It happens and the allow for such things and there is a process. But by lying and "doing him a favor" because you are still "on good terms", that is fraud. He needs to do things the right way because such a process exists.
He (or you) may start the divorce process now. It doesn't matter who starts it. He also does not have to wait until her conditional green card
expires. He will have to file an I-751 waiver. Here is some information on that:
Focus on where it says, "If your marriage was terminated other than by the death of your spouse, you must submit the following:"
He will need to submit evidence similar to the evidence that you submitted at your marriage interview. He must prove that even though you divorced, your marriage was not entered into solely for the purpose of obtaining an immigration
Here is a list of things that I like to give my clients and I know that he may not have all of these things, but the more he has, the better it is.
A letter where he describes, in a very detailed fashion, the circumstances in which he met his spouse, the reasons he married, and the feelings and emotions that he had or still has towards her, and why.
If they have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when he and his spouse, and other members of each family and friends have been together.
Very detailed letters from people who know them and who are witnesses that their marriage was valid, who were at their wedding, or who knew them as a married couple.
Love letters or cards that they received from their spouse while in the relationship.
Letters from people addressed to both of them, or in which the person who wrote the letter refers to both them as a couple.
Any types of documents that have both their names on them that show that they bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for their home or apartment with both of their names on it or a letter from the building manager or owner proving that they lived together.
Bank or financial statements that show that both had or have a savings or checking account together.
Any insurance documents that show that they were or still are covered by their insurance plan, or that his plan covers or covered her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both their names.
Jointly-filed Income tax papers (both their names).
An identification card that shows that his spouse's was using his last name.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.