Joint I 751 and physically separated ..

T

tide1160

Registered Users (C)
All,
I am in a situation where marriage is breaking ..despite best efforts from my side ..Married 4 years .. in relationship for 6 years .. We both moved from state A a month before the joint filing. Once we moved here everything is going down in our relationship.I had my fingerprints done and she moved to state B to her parents and I am in state C from where we filed jointly.
Now she refuses to come back I am not playing blame game but there are things which cannot be worked out between us.
I know a divorce or filing for it can be useful in changing my joint filing to divorce based waiver .. but both states B and C have residency requirements which we don't meet if divorce is the last resort .
Looking at the I 751 cases recently mine can be decided very soon. There is no lack of evidence infact three boxes full ..4 years worth.
My question is what happens if I 751 is approved while we are physically separated and working on our marriage through counseling or adjusting ..What are the consequences ..
Please do not judge me .. Nobody will live in a 6 year relationship playing games ..
 
Anyone !! experts moderators ? maybe if I add a question hypothetically if my gc is approved do i have to apply for I 751 waiver after we divorce or do i inform USCIS the state of our marriage now and wait ? It will take atleast 4 months before anyone of us can file in either state ..so my question
 
Married for 4 years yes .. I 751 filed three months back ..Biometrics done about 4 weeks back ..My initial GC was approved only two weeks before my 2 year marriage anniversary ..
 
IF you two can't get back together for the interview (if there is an interview), the I-751 will be denied if you file for a divorce and it takes too long to become final. THAT is NOT the end of the case. USCIS issued a memo about this. You can read it at: http://www.uscis.gov/USCIS/Laws/Mem...009/i-751_Filed_ Prior_Termination_3apr09.pdf (There is slight problem with this memo---a few lines are repeated on the top of page 2 from the bottom of page 1).

You do have options and can buy more time to come to a conclusion one way or the other.

Since you filed jointly and seem to be able to prove it was a bona fide marriage to start with, there is a chance it may be approved as is. Read the memo.
 
Thanks BigJoe, the memo gives lot of answers but a few questions too ..
1) If my 751 gets approved soon and we file for divorce after 4 months of residency requirements being met. Don't you think it would be an issue (separated while I 751 was being processed)when applying for N400 or do I have to reapply one more I 751 to be on safer side ?
2)It is not clear about the last part of memo regarding if the RFE is not responded properly(no finalization of divorce
on time) ..The ISO may approve it or deny it or send it to a field office .If sent to a field office both the signers have to be present ..
I am not sure how to proceed if that is the case either we are not in talking terms and requesting her to come to interview will be a major headache ..
 
tide1160 said:
Thanks BigJoe, the memo gives lot of answers but a few questions too ..
1) If my 751 gets approved soon and we file for divorce after 4 months of residency requirements being met. Don't you think it would be an issue (separated while I 751 was being processed)when applying for N400 or do I have to reapply one more I 751 to be on safer side ?
2)It is not clear about the last part of memo regarding if the RFE is not responded properly(no finalization of divorce
on time) ..The ISO may approve it or deny it or send it to a field office .If sent to a field office both the signers have to be present ..
I am not sure how to proceed if that is the case either we are not in talking terms and requesting her to come to interview will be a major headache ..
Click to expand...

Don't worry needlessly. There is a chance that it will simply be approved. IF it ends up by USCIS sending you to see an Immigration Judge, you would have plenty of time to finalize a divorce and get a good faith waiver based on the divorce instead. Take a look at the EOIR backlog in your nearest Immigration Court.

All the information pertaining to the eventual approval of the I-751 and removal of conditions will remain in your A-file and will be under your N-400 some day. It will be seen, examined, and then ignored (after the ISO runs to their supervisor who will tell them to stop worrying and NOT try to re-adjudicate something that already was dealt with years before) at that time. The case details that you have provided (all accepted as true for this discussion) are NOT suspicious and are nothing to worry about. Just try not to get arrested until after you naturalize.
 
My wife tells me she sent uscis an letter withdrawing her I 751 and i am on my own. What are my options .. I am not sure what to do .. how can i continue to fix my marriage when she did a thing like this. I was never illegal was on h1b for three years .. before i ever applied for immigration thru marriage now I am scared to lose all my life in one go if they deny my I 751 and i cant apply for waiver in time ..Please help is there any way out for me
 
hello

im in the same boat pretty much, i havent separated yet but its coming..please keep me in touch how would like to know how is it going for u. I havent got a request for an interview yet they received my I-751 on 01/27, did biometrics on 3/11 and i havent heard anything back.. things are not good at home he is verbally abusive to me... and i have had it! dont want anything.. im really worried because i have a life here now, i dont want to go back, i have a house a great job... i got here with a student visa..
help
 
hi, i am in a similar situation as you are, tropical girl. am intending to separate soon because marriage is not working anymore. we have irreconcilable differences and he's verbally abusive as well. i submitted our I-751 joint petition on 5/3/11 and got notice of receipt almost 2 weeks ago and now waiting for Biometrics appointment notice. do you know if your petitioner/spouse is required to appear at the interview if requested by the USCIS while you are separated? I want to know how things would go with your case.
 
hi, tide 1160 tropicalgirl and superwoman...
I am in a similar situation.
Husband and I jointly filed I 751 and VSC received it on 12/31/2010 and I had biometrics done on January 28 this year. I have not had any updates since.
My husband and I had a fight and did not spend Valentine's day together this year and have mostly been argueing. I do not know what to do. Should i file for "separated status" in court, and update the CIS that we no longer live together? Should I just wait and do nothing? I believe husband has a bi-polar disorder, he is erratic at times to say the least and irrational. The bottom line is that he is not there for me at this moment and I am freaked out. Any ideas what to do would be apreciated.
 
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