After 15 months and everything is getting worse...

[ana751 1]

Hello All,

I have been following this forum for quite some time now. I got through many months and weeks reading everyones posts and different scenerios... I have been waiting almost 15 months now for my 751 approval. I have been going through so much. It really has been a long journey. Since Jan. 09, I have seperated from my wife. We have not been living together. We have been married for about 4 years. We just don't get along anymore. We have tried to work things out, and tried, and tried... but we are just not ment to be a couple. We want to get divorced. I just don't want this to affect my immigration status. I have talked to two lawyers about my situation, and they both advised me that since its been so long (15 months) I should just stick it out and wait for my approval. So we have not filed for divorce yet. The relationship between me and my wife has gotten to the point where we can't and won't live together anymore. I really just want to move on with my life and she wants to move on with hers. I moved to Maryland in Jan. I got a really good job there. I got my passport stamped after a year at an infopass appointment and contacted my congressman. My congressman notified me that USCIS has sent me a RFE. I have not received it yet. I check in with my wife everyday and I have not yet received it. I'm just really confused as to what I should do. I have not notified USCIS that I moved or that we are separated. The lawyers just say to hang in there. I hate this. I have no Idea what the RFE is going to ask for. I don't have much evidence. And I have no idea why its taking so long. The congressman said the RFE was sent over 3 weeks ago. My life is at a standstill. Please any advise at this point will be helpful.

[Minya's wife 24]

The RFE could be for anything, but if you say that you do not have much evidence, it could be for just that...further evidence of your marriage. That could be hard for you to provide if you've moved out of state and are no-longer cohabiting with your wife. And you have not moved since you applied for removal of conditions? I would follow up constantly to get that RFE....rememver that they have a set time during which you have to respond to RFE's...if not it could be taken as abandoment of the petition.

IMO, you need to withdraw this application and go about getting a divorce. You've been separated for 4 months, and by your own admission there's no fixing the marriage. Theny, by rights you should not be approved for a removal of conditions based on that marriage. Just petition on your own once you get the divorce.

Good luck,

-P

[ana751 1]

The RFE could be for anything, but if you say that you do not have much evidence, it could be for just that...further evidence of your marriage. That could be hard for you to provide if you've moved out of state and are no-longer cohabiting with your wife. And you have not moved since you applied for removal of conditions? I would follow up constantly to get that RFE....rememver that they have a set time during which you have to respond to RFE's...if not it could be taken as abandoment of the petition.

IMO, you need to withdraw this application and go about getting a divorce. You've been separated for 4 months, and by your own admission there's no fixing the marriage. Theny, by rights you should not be approved for a removal of conditions based on that marriage. Just petition on your own once you get the divorce.

Good luck,

-P

The lawyers are advising me to sit tight for now. I have waited so long already. I would think that lawyers should wan't to go the other way with this and have me re-file so they can make more money. I have been to two lawyers so far and they both say the same thing. I don't want to have any problems. I feel like Im loosing everything.

[Bobby+Umit 161]

I have not notified USCIS that I moved

Your suppose to let them know you moved...

USCIS AR-11

[Bobby+Umit 161]

The RFE could be for anything, but if you say that you do not have much evidence, it could be for just that...further evidence of your marriage. That could be hard for you to provide if you've moved out of state and are no-longer cohabiting with your wife. And you have not moved since you applied for removal of conditions? I would follow up constantly to get that RFE....rememver that they have a set time during which you have to respond to RFE's...if not it could be taken as abandoment of the petition.

IMO, you need to withdraw this application and go about getting a divorce. You've been separated for 4 months, and by your own admission there's no fixing the marriage. Theny, by rights you should not be approved for a removal of conditions based on that marriage. Just petition on your own once you get the divorce.

Good luck,

-P

Agree with this!

[ana751 1]

The RFE could be for anything, but if you say that you do not have much evidence, it could be for just that...further evidence of your marriage. That could be hard for you to provide if you've moved out of state and are no-longer cohabiting with your wife. And you have not moved since you applied for removal of conditions? I would follow up constantly to get that RFE....rememver that they have a set time during which you have to respond to RFE's...if not it could be taken as abandoment of the petition.

IMO, you need to withdraw this application and go about getting a divorce. You've been separated for 4 months, and by your own admission there's no fixing the marriage. Theny, by rights you should not be approved for a removal of conditions based on that marriage. Just petition on your own once you get the divorce.

Good luck,

-P

Agree with this!

If I let them know that I moved, wouldn't I have to let them know that we are seperated too? I assumed you can't tell one thing without the other. Would I have to withdraw my application at that point? Resubmitt And wait maybe another year for approval. I feel like I'm in a box and I have no where to go.

[Otto 83]

If I let them know that I moved, wouldn't I have to let them know that we are seperated too? I assumed you can't tell one thing without the other. Would I have to withdraw my application at that point? Resubmitt And wait maybe another year for approval. I feel like I'm in a box and I have no where to go.

AR-11 is an Alien Change of Address - not a questionnaire of your life's status. Take a look at the form - it is a pretty simple document. You're required to submit one within 10 days of moving - you should do so as soon as possible (can be done online).

[ana751 1]

If I let them know that I moved, wouldn't I have to let them know that we are seperated too? I assumed you can't tell one thing without the other. Would I have to withdraw my application at that point? Resubmitt And wait maybe another year for approval. I feel like I'm in a box and I have no where to go.

AR-11 is an Alien Change of Address - not a questionnaire of your life's status. Take a look at the form - it is a pretty simple document. You're required to submit one within 10 days of moving - you should do so as soon as possible (can be done online).

So I can send in a change of address form and that won't cause any Questions. Has anyone have experience with changing there address?

[Chica Yeyé 41]

You are in quite a sticky situation since you are no longer living with your wife; have no evidence of bona fide marriage, etc.

ALSO, if you submit the AR-11; your sponsor (as in your wife) should also submit a I-865. When and if she does this, they will immediately know you folks do not live together anymore.

I also suggest withdrawing the petition, divorcing, and filing on your own.

[Triniwaiting 0]

You are in quite a sticky situation since you are no longer living with your wife; have no evidence of bona fide marriage, etc.

ALSO, if you submit the AR-11; your sponsor (as in your wife) should also submit a I-865. When and if she does this, they will immediately know you folks do not live together anymore.

I also suggest withdrawing the petition, divorcing, and filing on your own.

I 100% agree the moment u d an address change without evidence of relationship and being seperated Red Flag City.And i can guess i will cause an interview.

[motu 6]

My advice is to do the right thing.

Get divorced and then file for removal after your divorce with proof that the marriage was entered into in good faith. Good Luck

[ana751 1]

I feel that maybe I should re-apply and get a divorce. But I can't find a Lawyer that would support that. That really scares me.

[Chica Yeyé 41]

It is the other way around. FIRST you get a divorce, THEN you re-apply.

[Bobby+Umit 161]

I feel that maybe I should re-apply and get a divorce. But I can't find a Lawyer that would support that. That really scares me.

A lawyer works for you, not the other way around.

Withdraw your paperwork...

File for divorce, submit your paperwork, since you entered the marriage in good faith.

I think you will only have issues if you continue with the route you are taking now!

[JERIII 8]

Is any of this advice based on anything other than gut feeling?

If the original poster withdraws the I-751 petition, will she not be immediately out of status? It is long past the time frame for applying for removal of conditions. She will be unable to refile until the divorce is final, which could take months or years, what is she supposed to do in the meantime?

I think the OP needs to talk to another lawyer. But in the meantime, here is advice from a lawyer's website, based (it says) on guidance from CIS:

CIS has provided guidance on what to do if a couple jointly files I-751 paperwork, but later separates or divorces before the jointly filed I-751 is adjudicated. If the couple separates, CIS should be notified so that the issue may be addressed at an interview at the local CIS office. If the couple divorces, new I-751 paperwork should be filed as a self-petition with a waiver request. In most cases, the waiver request may be based on showing that the marriage was entered into in good faith.

(from: http://srwlawyers.com/Resources/SRWBlog/ta...-Petition.aspx)