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Wilton, I wanted to write to you for a second opinion on an…

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Second opinion] Hi Wilton, I wanted...
Second opinion] Hi Wilton,
I wanted to write to you for a second opinion on an immigration matter.My wife and I have been together since 2002 - we got married in 2012. She has an R1 VISA and I am currently on an R2 VISA.We still live together but are in marital difficulty and are considering divorce. She is eligible to apply for a Green Card for us both in January 2018.Is it ok for me to apply for a Green Card given the status of the marriage? I have no intention of lying to immigration about the status of our marriage but I do not want to put a problem there to them if this is something they will not ask about or is not a major concern for them. I know they frown heavily upon fake marriages - our marriage is completely genuine but we are in marital difficulty now.
Best,
Lee
Submitted: 7 months ago.Category: Immigration Law
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11/20/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,862
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 7 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

There have been some case law come down this year on the issue of EB adjustments where the spouses were not living in a marital relationship, separated. The holding was that basically the derivative spouse must be living in a bona fide marital relationship to claim the derivative benefit.

All couples have marital difficulties. Separating in contemplation of divorce is an issue. As of last month ALL EB adjustments are being interviewed so you can count on approx a year from filing before you are called in for interview.

If you can reconcile your differences and remain married and living together no issue. If this isn't going to happen you need to give serious thought on whether you apply or not. You can apply and then be denied without raising an issue of fraud if you were in a marital household together when you filed but later separated. That will give you time here and an EAD until you are denied and have to leave.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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