I-751 question

M

mr lun

New Member
Hi, I mailed off my I-751 earlier this month, excited to finally get the gears moving for my unconditional permanent residence. Unfortunately, the next day my wife dropped a bomb on me (figuratively, of course!): She told me that she no longer loved me and wants to split. After several days of begging, pleading, and generally acting like a lovesick fool I was finally forced to accept that there is no turning back.

So, that said, now that I have control of my mental faculties and am no longer a blubbering fool 90 percent of the time, I figured i should see what the implications are of this in regards to my I-751. So far, the check has been cashed and i have recieved no notice of receipt from the CIS. MY wife and I are both really broke so physically splitting is not an option yet.

Anyway, I guess my question is this: Will this impending split likely have any repurcussions on my application? If I move before receiving my notice of receipt or green card, will it affect my actual receipt of them? (ie, will they probably send it to the address on the I-751, or whatever address they have on file--if i move, i would obviously file an AR-11?)

This is all so weird and worrying and just a big mess. Any knowledge you could pass on would be more than appreciated.
 
A few people have asked the same question on here. I don't think anyone was able to get a definitive answer.
If they approve your petition without being "randomly" selected for an interview you are ok.
If you are told you have to go for an interview, the issue would be whether your wife will go with you. If she will, then you shouldn't have a problem. If she decides not to that's where it gets more complex.

You can be split up at the time of the interview as the issue is whether you entered into a good-faith marriage. Of course, if you are split up at the time of the interview it makes it more difficult to prove you did not enter the marriage for immigration benefits.

If I were in your position I would wait to see if they require you to attend an interview. If they do I would hire an attorney, regardless of whether your wife is going to attend, to make sure the officer doesnt abuse his/her discretion.
 
If your wife is willing to go to the interview (if called for) and say u guys are happily married, they will approve your perm GC,

If you are not called for the random interview then just sit tight and DONT SEND ANY STUPID LETTERS TO THE INS TELLING YOU GUYS ARE ABOUT TO LEAVE EACH OTHER.

As for the waiver to joint petition, you have to be legally divorced in order to file that petition.

In my opinoin If I were you, I would just sit quitely and see what happens, it takes them 6 months to approve these petitions so keep us updated and good luck.
 
Thanks, guys... it isn't a question of her coming with me. She has been very supportive regarding this whole issue and will definitely do whatever she can to assist me in the process, but i guess then we should wait to commence moving into new places, etc. until after the whole process is over? She has also agreed to do this, as have I, despite the awkwardness of the situation.

Also, how long does it take, roughly, before receiving the 1-year extension letter? I have heard anywhere from a couple of weeks from teh check's being cashed, to a couple of months.

thanks again
 
Thanks all, an update:

I had my biometrics appointment, but am still waiting on the GC. However, there has been a complication. After we had lived together for a few months, we both decided that it was best for our sanity if she were to move out (and in with her new boyfriend--ugh). She did so at the start of december. I have not sent any letters to the CIS telling them we have separated because, to be honest, i did not eve think of it. I have been trying to get my mind wrapped around everything and trying to deal with this huge void in my life. We have not legally separated, but I believe that I still need to write a letter explaining the situation. Is that the case? It is tax time now and although we will file jointly since we aren't legally separated, the difference in address is worrying--will the CIS look at this year's tax returns? I want to sort this out and I don't want to be dishonest or bend the law in any way. At the same time I don't want my GC to be denied because my wife met someone else and was unfaithful to me when I was nothing but loyal to her.
 
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