Theoretical Question - separation after initial evidence submission

[ukguy34 0]

Hi all,

Hate to have my first post as a negative one but here is my situation. My wife (the petitioner) and I are having a few problems right now and I am looking for some advice as to what would happen if we were to separate after we sent in our I-751. My conditional green card expires 09/11/09 so I am going to mail the application back 06/11/09 as required (90 days before green card expiration.) I am pretty confident that we would have plenty of the necessary evidence as cited in many posts here and the definitive list. We started our marriage with the best of intentions but things happen as I am sure you all know. I hope we can work through our current issues. If the worst was to happen and we did separate:

A. If called for interview, what would happen if she didn't turn up?

B. If we have plenty of evidence of a legit marriage, why would be called for interview? My feeling is that not many are called for interview.

C. Could she call USCIS and tell them that we have separated and in some way jeopardise our application? Or are they not concerned as long as the application follows their guidelines and requirements at the date of submission?

Like I said, our situation is not great right now and I hope it gets better. I just need to clarify what might happen to my status here. Forewarned is forearmed as they say!

All replies appreciated,

[cherr1980 1]

A. If called for interview, what would happen if she didn't turn up?

It's all depend at how your "separation" could go. Remember if the separation is not nice means that you must better be divorced than separated. Since you are submitting your application jointly you are covered BUT if it's turns out you need to show up to an interview then you can be in a delicate matter. Or you are in divorce proceedings and that is why you need to ask more time and explain the situation or you got divorce and you don't have to wait and submitt a new I-751 right away. Be aware that being separated and call for an interview (AND if the spouse won't show up) this is the worse scenario and not good to be in. You can be denied and then you will have to refile/appeal again once you have your divorce decree in hand. At the end if you are not going to continue be married, then better be divorce...unfortunately USCIS does not think about "the time I need to think what I want to do" and that can takes months sometimes...they don't, so or you better off or work it out until the end.

B. If we have plenty of evidence of a legit marriage, why would be called for interview? My feeling is that not many are called for interview.

Yes, not many are called for interview but others do...why? every adjudicator officer is different and even you can consider that you have plenty of evidence they may or may not call you for an extra one-on-one with you. Some get call as random selection. Nobody would know for sure if is going to get call or not

C. Could she call USCIS and tell them that we have separated and in some way jeopardise our application? Or are they not concerned as long as the application follows their guidelines and requirements at the date of submission?

She can call and say whatever, the application anyway is yours. The other thing is not that they listen to whoever that says "my husband wants divorce and he should not get his GC"...in what conditions she might put a "complaint" can make things different...e.g. fraud, have evidence of you planning to just use her for the GC benefits, etc, etc. There are people that have been in that situation. It can be a pain for sure. Normally if they think they can follow STRONG evidence that might get forward to ICE. But to be sincere I have read several of those things and nothing major on it had happened

I wish the best of luck.

Before I separated for my husband we were surfing a tsunami...nothing nice...at the end I asked for separation and was in the middle of the time to apply for I-751, he signed it and I sent it STILL we were not sure what we going to do...but after that things got worse and I filed for divorce. And since VSC is taking forever...I knew I was going to file for a waiver so I prepared everything AGAIN on time and ready. Probably I would stay separated more time but there were very difficult circumstances that I needed to cut as soon as possible. But every case is different.

Edited November 20, 2008 by cherr1980

[MargotDarko 0]

Just wanted to note that you should count the days carefully before submitting on June 11, 2009. 90 days is usually not three months exactly. Also, it does not have to be on the exact date. It's just 90 days or less before the card expires.