Separated now can I reapply

[zarlock]

Forgive me if this has been answered I did do a search and could not find a solution.
I was married in May 2004 and applied for a greencard. Eventually had an interview but at the time was separated (Still am, heading for a divorce) and at the interview was told my wife (US Citizen) made the application and needed to be there, and was given a form. A few days later was sent a letter advising I was given the wrong form and there was nothing I could do, my answer would be sent shortly. The Kansas City Immigration Office have a reputation for giving forms at interviews to avoid arguements, and following up with letters of their 'mistake' so when I never heard any result I did not follow up.

I have just spoken to my wife who says I am able to reapply for a greencard and should do so before the divorce is final. Can I do this? and if so under what section or form is required? Is it only separation status that applies or can I reapply for a greencard if I am divorced? I have been in the States for 6 years


Thanks
Andrew

[austriacus]

Would you characterize your marriage to still be in good faith at this time? Then you can reapply. You cannot apply solely to seek an immigration benefit. I think this also answers your question as to what will happen if you stay separated, plan for a divorce, or get divorced.

What status are you in right now?

[boatbod]

Since you already tried to have an interview, USCIS presumably knows you and your wife are separated. If you apply again, they are going to be very thorough in making sure you have a genuine marriage and are now back together.

[austriacus]

To elaborate, if you apply for a green card and you no longer have a good faith marriage and apply only for the immigration benefit, if USCIS ever finds out in the future, the consequences could be a disaster. Your green card can be revoked, you can be deported and banned permanently from coming back because they would consider your application fraudulent.

Your choices are to try to save your marriage or otherwise you have to find another family or employment based eligibilty for your green card. Good luck!

[PraetorianXI]

Being separated and in the middle of a divorce... does not seem to me like having a good faith marriage (also expected to continue in the future).

[zarlock]

I did not mean to imply I am still in a good relationship with the wife, we are not (hence me saying heading for a divorce)

My question is really can I apply for the greencard because I was married to a US citizen and have been here for 5 years? I do not wish nor am I able to apply under the marriage aspect again

[PraetorianXI]

You can not apply because you were married in good faith. (Past).