Divorce vs legal seperation what is best for filing I-751

[yoshi89 0]

Hi,

Does anyone know of cases where if you are leagally seperated and file for I-751 together? I understand that you can still file jointly if you are seperated. We would not be legally divorced. My husband and I are having problems. We are trying to work it out. He has moved out and notified USCIS of an address change. We are talking and thinking about filing for divorce. We are still trying to work on things. Our plan was for us to divorce, him file a waiver on marriage based on good faith marriage. We will continue to try and work on the marriage. If we can work things out we could re-marry in the future. My thought was ...would it be better to just leagally seperate and still file jointly? What are the chances that he will get approved based on we are still married but seperated? I owned my home prior to marriage. So there are not lease agreements or his name is not on the mortgage or deed. All the bills were in my name due to him not having the job or credit in the begining. The only evidence we have are

1. Car insurance policy with his and my names

2. He was on one of my credit card accounts.

3. Mail of his sent to home address

3. His checking account with home address

4. Him being on my health insurance

5. Pictures of us

6. 2008 joint tax return

7. He has some cancelled checks where he wrote to me for houshold bills.

8. Letters from friends that marriage was bonafied.

[Nancy1980 0]

If you are separated, you need to file for a waiver, and all supporting documents, plus a letter explaining that you marriage was bonafide but things didnot work out.Then , you will receive a letter for fingerprints and then USCIS will send you a letter saying that they need to see you final divorce decree and then they will make a decision.....that;s what happen with my brother.....the whole process took like 8 months...he was tryingt to remove his conditionds, but instead he joined the navy and he got his citizenship in couple months after joining....so he didn't even show his divorce decree to USCIS.

[Shagarat 0]

Bouncing this back up to the top...... No one seems to have answered Yoshi89's question.

Nancy 1980: How is can someone show a final divorce decree when they didn't get divorced? The question is about a legal seperation vs. a divorce.

It's a very interesting question... and I hope SOMEONE will give a good answer..

[Dakine 26]

Do they have a court legal separation?

[yoshi89 0]

Do they have a court legal separation?

No not yet trying to figure out what is best. I want to work things out with my husband. From what I understand if we are not "divorced" but "legally seperated" we still still file removing conditions jointly. He is living out of the home right now. If we work things out we can go and explain our situation. I am sure couples have problems like this all the time. Meaning.....they seperated then reconcile. My husband does not understand any of this and is afraid if we do not get a divorce USCIS will think the marriage is fake. Because he is living outside the house or "was" if we work it out.

[Dakine 26]

Do they have a court legal separation?

No not yet trying to figure out what is best. I want to work things out with my husband. From what I understand if we are not "divorced" but "legally seperated" we still still file removing conditions jointly. He is living out of the home right now. If we work things out we can go and explain our situation. I am sure couples have problems like this all the time. Meaning.....they seperated then reconcile. My husband does not understand any of this and is afraid if we do not get a divorce USCIS will think the marriage is fake. Because he is living outside the house or "was" if we work it out.

If he files while not living together but not divorced he stands a good chance of being denied if you filed jointly.

If you want him to stay in the US it would be better to divorce and then file the I-751 as long as he can prove he married "with good faith".

[yoshi89 0]

Do they have a court legal separation?

No not yet trying to figure out what is best. I want to work things out with my husband. From what I understand if we are not "divorced" but "legally seperated" we still still file removing conditions jointly. He is living out of the home right now. If we work things out we can go and explain our situation. I am sure couples have problems like this all the time. Meaning.....they seperated then reconcile. My husband does not understand any of this and is afraid if we do not get a divorce USCIS will think the marriage is fake. Because he is living outside the house or "was" if we work it out.

If he files while not living together but not divorced he stands a good chance of being denied if you filed jointly.

If you want him to stay in the US it would be better to divorce and then file the I-751 as long as he can prove he married "with good faith".

That is what I was sondering thanks!