USCIS policy on separation and I-751 petitions

S

ssconway

Registered Users (C)
I am hoping that someone on this most excellent board could help clarify a few specific issues for me.

I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition to remove the conditions on my greencard.

OK, first question:
USCIS policy on the effect of separation on pending I-751 petitions seems to change frequently - I was hoping that someone could confirm that the most current policy is that outlined in USCIS NSC Flash #19-2005, Revised Revision to NSC Flash #6-2005.

Second Question:
At this point it appears that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file for a waiver. Now, I know you are NOT lawyers, but Ive asked 20 lawyers and received 20 different answers - now I am interest in the thoughts of the members here. Is one approach better?


Thanks for you time & I look forward to hearing from you.

Sarah
 
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The law only requires that for joint i-751 is that marriage was entered in good faith and that parties still be married when i-751 is filed and adjudicated. There is no real policy on separation. Take option 1 - As long as you can prove that you entered marriage in good faith you should be ok.
 
Why did they call you guys for the interview anyways? I understand that is rare. If your husband is still co-operative, I'd say you go with him. Seperation is not the end of marriage.. there is a chance you guys could get back together. So the idea of getting divorced so as to file for removal of conditions doesn't make sense to me.. especially if the hubby is still talking to you.

I vote numero uno.
 
Ya, my husband is amazing. He is flying in next week to attend the interview with me. We were probably flagged for interview b/c my I-751 was light on evidence, we were already separated, and I told them that, and maybe b/c I have had several arrests in the last years (NO Convictions). I hope and pray it goes smoothly - other sources (boards like this, lawyers, etc.) have told me my chances are pretty slim.
Anyone else have I-751 interview experiences to share (or direct me to?)
Thanks
 
Were you arrested while in the US on your green card? If so, they may want to know why you couldn't stay out of trouble. That sounded mean, but not meant that way.
 
ssconway said:
We were probably flagged for interview b/c my I-751 was light on evidence, we were already separated, and I told them that, and maybe b/c I have had several arrests in the last years (NO Convictions).
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Are you really sure about the "no convictions" part, as far as immigration is concerned? Are you aware that a case can be dismissed or deferred or expunged but still be treated as a conviction for immigration purposes?
 
Can you please advice ?

myredskins said:
Why did they call you guys for the interview anyways? I understand that is rare. If your husband is still co-operative, I'd say you go with him. Seperation is not the end of marriage.. there is a chance you guys could get back together. So the idea of getting divorced so as to file for removal of conditions doesn't make sense to me.. especially if the hubby is still talking to you.

I vote numero uno.
Click to expand...

HI ,
I am in middle of a Bad marriage
My Conditional GC expires on Nov-09
I will be applying for I751 in Aug 09

But here my Problem..My wife has become crazy...she is Talking to other Men late in the night on the Phone..she will not answer my calls.....she is drinking,staying late in to the night @ parties....spending beyond my income.

IF we both apply together for I-751 in Aug.

Then get divorce in Dec...will my application get denied ?Or should i get divorced before Filling my I-751 ?

Can you please Advice
 
If you are going to file for divorce, do you think it will be finalized before your green card expires?

If you divorce her soon after filing for I-751, what if you are called for an interview? I think by law, you have to be still married when the 10 yr card is approved.

You might want to start talking to a competent immigration lawyer, the problem with that is they might want to get you divorced, coz they want money.

MY ADVICE IS CONVINCE YOUR WIFE TO GO FOR COUNSELLING, AND RESCUE THAT MARRIAGE.
 
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