seperate and Divorce pending, yet partner willing to jointly file I-751 before divorce

[yesmcgrath 0]

Hello All,

I will try to make this brief so you all can understand my situation.

I am a conditional greencard holder and my wife has recently filed for divorce due to her ambitions. Quite frankly I am heartbroken and lost, i did not want this day to ever come.

My problem is this, i am currenly within the window to file removal of conditions, and my spouse is willing to file jointly she wishes nothing bad on me. Is it acceptable for her to jointly file with me considering she has filed for divorce and it is not yet final?

the marriage was entered into good faith and i am devastated that it has ended, we have a vast array of evidence to prove that for the past two years we have done everything toegther.

what is the likelyhood of my conditions being successfully lifted? My life is already ruined in one respect, i surely hope im not deported ontop of it all.

Thank you all in advance, please help!

[allynella 0]

Sorry to hear, but why not just file by yourself? Just read the instructions before completing the I-751.

Edited December 12, 2008 by allynella

[diadromous mermaid 36]

A couple can submit a joint application, as long as it is replaced with a waiver if the divorce becomes final prior to the application being adjudicated.

Hello All,

I will try to make this brief so you all can understand my situation.

I am a conditional greencard holder and my wife has recently filed for divorce due to her ambitions. Quite frankly I am heartbroken and lost, i did not want this day to ever come.

My problem is this, i am currenly within the window to file removal of conditions, and my spouse is willing to file jointly she wishes nothing bad on me. Is it acceptable for her to jointly file with me considering she has filed for divorce and it is not yet final?

the marriage was entered into good faith and i am devastated that it has ended, we have a vast array of evidence to prove that for the past two years we have done everything toegther.

what is the likelyhood of my conditions being successfully lifted? My life is already ruined in one respect, i surely hope im not deported ontop of it all.

Thank you all in advance, please help!

[Nadi32 0]

Hi -

I was in the same situation as you, my husband and I separated just after we filed the joint petition. Our divorce is still not final (like yours) and in this case you can do nothing but file the joint petition as usual. In my case I received a request for evidence, which has just been processed, and I've been asked to come for an interview at the end of January. I'm hoping everything will go okay, since everything still seems to hang on the fact that the marriage was made in good faith, which in my case it was and I was with my husband for six years altogether (although only married for 2.5 before separating).

Be prepared to undergo extra scrutiny since you are separated. Also, I think you should be honest with USCIS about the separation. I've heard not telling them (even though it can facilitate getting the green card) can result in problems and even deportation further down the line. This has happened a lot in cases where divorced green card holders have later filed to become US citizens, having not told USCIS about their separation.

Best of luck with your case!

Nadia

[rika60607 215]

According to this:

http://www.immigration.com/newsletter1/nsconi751.pdf

the OP can not file I-751 until he is divorced!

I wish we could make a compilation of strategies people used in this not so rare situation and what the outcomes were... please keep posting developments on VJ, this will help others!..

Rika