Divorce before filing I-751, so confused, need your help!!
- Thread starter kikiwi
- Start date
Triple Citizen
Registered Users (C)
Divorce before I-75 is approved
Hello
I am also in the same situation the only difference is that i had already filed for removal of status at the beginning of July and by then things in the marriage was not so good already. She wants a divorce and i dont want to force her not to do it because of my status. The breakup is not so friendly as well. I have even received a letter to get my fingerprints done and they were done in Aug. Looking at the status it says that they are still working on files from Oct 07 so i really cannot wait.
My question is how do i go about this. Do i change it to filing alone or let her go through with the divorce and explain to them later.
I think she knew about this and did not want to file the divorce earlier. I would have filed without her because i believe that there is nothing i did wrong.
Help
Hello
I am also in the same situation the only difference is that i had already filed for removal of status at the beginning of July and by then things in the marriage was not so good already. She wants a divorce and i dont want to force her not to do it because of my status. The breakup is not so friendly as well. I have even received a letter to get my fingerprints done and they were done in Aug. Looking at the status it says that they are still working on files from Oct 07 so i really cannot wait.
My question is how do i go about this. Do i change it to filing alone or let her go through with the divorce and explain to them later.
I think she knew about this and did not want to file the divorce earlier. I would have filed without her because i believe that there is nothing i did wrong.
Help
Wait to File I-751 with Good faith waiver after divorce is final
You need to wait until divorce is final. you can not file waiver with out divorce decree. If the divorce is not final and you get approval, it is perfectly fine. If you get approval of joint petition after divorce date,. you need to refile with waiver application. At that time write a letter along with waiver application to explain why?
You need to wait until divorce is final. you can not file waiver with out divorce decree. If the divorce is not final and you get approval, it is perfectly fine. If you get approval of joint petition after divorce date,. you need to refile with waiver application. At that time write a letter along with waiver application to explain why?
Read lawyers advice
If your marriage ends in divorce, your conditional permanent resident status terminates on the date the divorce becomes final. At that time, you are no longer a permanent resident of the United States and you become ineligible to work or travel outside the United States, among other consequences. As such, it would be wise to immediately file the Form I-751 as a waiver and indicate on the form how you are eligible for the waiver. You are the only one who will sign the form.
It is important to note that once a divorce becomes final, whether it is 3 months or 18 months after the conditional permanent resident status was granted, the Form I-751 can be filed as a waiver any time thereafter. You do not have to (and should not) wait until the abovementioned three month period arrives to file the waiver if the divorce became final before that period. Once you file the I-751 waiver, USCIS will issue a receipt extending your permanent resident status for one year or until a decision can be made. Because it is extremely important that an I-751 waiver be appropriately documented and properly filed, you should contact an experienced immigration attorney to assist you with the process.
Michael Shane and Evan Shane, Immigration Attorneys
Miami and Fort Lauderdale, Florida
If your marriage ends in divorce, your conditional permanent resident status terminates on the date the divorce becomes final. At that time, you are no longer a permanent resident of the United States and you become ineligible to work or travel outside the United States, among other consequences. As such, it would be wise to immediately file the Form I-751 as a waiver and indicate on the form how you are eligible for the waiver. You are the only one who will sign the form.
It is important to note that once a divorce becomes final, whether it is 3 months or 18 months after the conditional permanent resident status was granted, the Form I-751 can be filed as a waiver any time thereafter. You do not have to (and should not) wait until the abovementioned three month period arrives to file the waiver if the divorce became final before that period. Once you file the I-751 waiver, USCIS will issue a receipt extending your permanent resident status for one year or until a decision can be made. Because it is extremely important that an I-751 waiver be appropriately documented and properly filed, you should contact an experienced immigration attorney to assist you with the process.
Michael Shane and Evan Shane, Immigration Attorneys
Miami and Fort Lauderdale, Florida
Filing I-751 in March (need advice)
Thanks for all the posting. This have been a big help so far. I am updating my situation and see if anyone can get some advice out of this. I know one thing for sure is that I still need good advice.
My current attorney is not helpful at all and I am in the process of looking for another one. Pain in the rear since I already paid her upfront. Now I have to dish out more $ to pay another to get some advice.
My marriage is unsalvagable. She is out right brutal and the only thing she has done so far is to get my name into loans, credit cards and other things that I need to pay for. Basically I am an personal back to my wife. Yet she don't want to do a single thing for me. The situation is completed by the fact that I am workging in WA and she is still in HI. She refused to move and as a supporting husband, I have been more than willing to work with her emotions and personal reasons that she is not wanting to move yet. But at this point, I feel that we do not have the same respect and love that we once shared. this marriage has cost me a great deal financially and I am emotianally drained.
We have 3 student loans, as car loan, some utility bills under both our names. I have all my insurance and 401K beneficiary listed on her name. I have a few credit card bills on her HI address. But we filled Tax return separate last year due to her insisting that it will give her more return. My question is we have 2 different addresses and I would only want to show we use the HI address. But my drivers license, W2 and insurance forms has my address in WA. What should I do? Do I not let INS know or do I openly mention that in my I751 filing?
I am trying to minimized the risk of raising any red flag since our marriage is already in jeopardy. Do I stick it out and pretend everyhing is ok till I get either a approval, or interview and make my decision thereafter?
How can I fight this battle? Any ideas?
Regards
Thanks for all the posting. This have been a big help so far. I am updating my situation and see if anyone can get some advice out of this. I know one thing for sure is that I still need good advice.
My current attorney is not helpful at all and I am in the process of looking for another one. Pain in the rear since I already paid her upfront. Now I have to dish out more $ to pay another to get some advice.
My marriage is unsalvagable. She is out right brutal and the only thing she has done so far is to get my name into loans, credit cards and other things that I need to pay for. Basically I am an personal back to my wife. Yet she don't want to do a single thing for me. The situation is completed by the fact that I am workging in WA and she is still in HI. She refused to move and as a supporting husband, I have been more than willing to work with her emotions and personal reasons that she is not wanting to move yet. But at this point, I feel that we do not have the same respect and love that we once shared. this marriage has cost me a great deal financially and I am emotianally drained.
We have 3 student loans, as car loan, some utility bills under both our names. I have all my insurance and 401K beneficiary listed on her name. I have a few credit card bills on her HI address. But we filled Tax return separate last year due to her insisting that it will give her more return. My question is we have 2 different addresses and I would only want to show we use the HI address. But my drivers license, W2 and insurance forms has my address in WA. What should I do? Do I not let INS know or do I openly mention that in my I751 filing?
I am trying to minimized the risk of raising any red flag since our marriage is already in jeopardy. Do I stick it out and pretend everyhing is ok till I get either a approval, or interview and make my decision thereafter?
How can I fight this battle? Any ideas?
Regards
graceblessed
New Member
751 approved divorce 8 months after
Hi, did you get approved, I already have my 10 year green card, I got it in JUne 2009, my husband, was traveling back and forth from Miami to Houston, for matters of projects and business, he was having an affair with another woman, and I did not know, when October 2009 when I was going to apply for citizenship according to the spouse 3 year, he told me that our marriage was over and that he was going to have a baby with another woman, that has completly tear my world apart cause we were togethe along time before we got married, so i filed for divorce and I got my divorce finalized in february 2010, a week ago i found out that the woman he got pregant came with him to Miami several times when he was staying with me this information my sister in law told me they kept all this from me and i did not know, and she told me they are getting married next month and that she is illegal she does not have papers and now she has a child they said that he will petition for her and give her the papers, now Im so afraid cause he can get me deported since he will ask for somebody else, another thing he was not my sponsor because he was not working when we got married, but Im worry because he can get me deported if he file for her cause he does not care about me anymore, i think because we never had kids, can u please help me. Thank you
Hi, did you get approved, I already have my 10 year green card, I got it in JUne 2009, my husband, was traveling back and forth from Miami to Houston, for matters of projects and business, he was having an affair with another woman, and I did not know, when October 2009 when I was going to apply for citizenship according to the spouse 3 year, he told me that our marriage was over and that he was going to have a baby with another woman, that has completly tear my world apart cause we were togethe along time before we got married, so i filed for divorce and I got my divorce finalized in february 2010, a week ago i found out that the woman he got pregant came with him to Miami several times when he was staying with me this information my sister in law told me they kept all this from me and i did not know, and she told me they are getting married next month and that she is illegal she does not have papers and now she has a child they said that he will petition for her and give her the papers, now Im so afraid cause he can get me deported since he will ask for somebody else, another thing he was not my sponsor because he was not working when we got married, but Im worry because he can get me deported if he file for her cause he does not care about me anymore, i think because we never had kids, can u please help me. Thank you
TheRealCanadian
Volunteer Moderator
You have a 10-year card. Nothing to be worried about. I assume he is supporting you financially?
I am not in that situation as well. Even though I love my husband with all my heart, and he loves me; I recently found he is doing drugs. This does not go accordingly to my beliefs, also he has being really angry, moody, and violent lately, not physically, but the way he acts. I have to file I 751 starting July 11, I don't want to get divorced, but the situation I am in is really horrible. I am so stressed out that I passed out some days ago and I ended up in the ER. What should I do?
Thanks in advance...
Thanks in advance...