Divorce while I-751 pending

G

GeoffreyC

New Member
Hi everyone,

I am French and I have been living in the USA for 4 years now. About 3 and half years ago my wife and I got married. It was a true marriage and we lived together this whole time. A year and half ago we filled the I-751 removal of conditions. About two months ago, so more than a year after filling I finally received an answer. Uscis wants more evidences. The problem is that the last 6 months our relationship fell appart and we are talking about divorce. It's not done yet but I moved out and we live separate.
We did gathered more evidences to mail out to USCIS, they are all true evidences that we lived together that whole time and it was real.
My question is now, what should I do? I am afraid to send the evidences and not say anything about our situation, because of the risks later on. Should we divorce then send the evidences explaining our situation? I am a bit lost. The deadline to send the paperwork is march 30th.
Thank you in advance for helping me with my problem.
 
If your wife is willing to cooperate with the additional paperwork, you should send all evidence the RFE asks for that shows the bonafide nature of the marriage when entered into. Everything has to be mailed by the deadline.

Or, if things are heading towards divorce, you are better off filing for one. You cannot 'not say anything'. Withdraw the I751 and refile following the divorce using the divorce waiver.
 
Thank you for your reply. My wife is willing to cooperate with the additional paperwork. We split up not long ago and in good terms, it wasn't working for us...I guess we were worried that USCIS can send someone home to check if I live there. Does that ever happen? If they are not satisfied with the evidence, what is the next step for them? interview? In that case we could tell them during the interview maybe...
We are not quite ready to file for divorce...
 
Odd that you've moved out but not ready to file for divorce. Well, you have to send whatever additional evidence that's been asked in the RFE. It's your choice whether you want to send a cover letter explaining your situation.
 
I think we are having a hard time accepting what's happening and maybe still hoping somehow. That's why we are afraid of the divorce.
Thank you for your answers. I think we are gonna send the evidences and we'll see from there.
 
You can still remove conditions jointly as long as you remain married even if you are separated or have started divorce proceedings, as long as divorce has not been finalized yet, and the other spouse is willing to go to an interview if there is one. (See this memo, section "Jointly Filed Petitions".) Just be honest that you live separately and what is happening with your marriage.

However, if your spouse will withdraw from the application, or is not willing to go to an interview if there is one, then you must divorce and remove conditions on the basis of divorce.
 
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