Divorce after filing 751 jointly

[Jaredd 0]

Hello,

I've posted the same question in a different subforum before, but only now realized we have a designated area for "i751" questions, so I am copy-pasting it here.

I did not get any responds in the other topic.

Here it is:

I've entered into a marriage with an american citizen. It was totally in good faith and everything was working out until this year. My conditional status is expiring this november. Earlier this year, our marriage became unstable, but me and my wife are still friends, so we decided to file 751 jointly and at the same time see if we can work things out. So my 751 is already filed, and according to predictions, I should get a decision/be called for an interview sometime next march.

However, now my spouse needs a divorce. I would love to leave out the reasons why, but for the purpose of this topic lets say it is necessary. I was wondering if anyone could advise me on my next steps (other than getting a lawyer). Do I need to re-file 751 now with a waiver? Or should I just wait for a decision/interview?

She is willing to come to the interview if necessary.

Your suggestions and opinions are greatly appreciated.

Thank you so much,

Lev.

[Ree 9]

I was in the same situation, you can look up my previous posts if you want, I wrote about my experience.

As far as your marriage is real, you have nothing to worry about. You don't have to re-file I-751, just wait for the decision on your current one. If you get your conditions removed before your divorce is final, you are good to go If your divorce is final before your petition is approved, you just have to inform USCIS about that, so they can change your petition from jointly filed to a divorce waiver and approve it.

Удачи

[candelari 0]

I am not sure about that.... I was told if you file for a divorce you have to inform USCIS. Of course USCIs will never find out the divorce unless you inform tham but it will come up while you are filing for N-400. I believe there is a link somewhere about this but I can find it. You should inform the fact that you are sepereated or getting divorce..... (I am not expert on this but this is what I was informed form other visajourney fellows....)

Ebru

[candelari 0]

I am not sure about that.... I was told if you file for a divorce you have to inform USCIS. Of course USCIs will never find out the divorce unless you inform tham but it will come up while you are filing for N-400. I believe there is a link somewhere about this but I can find it. You should inform the fact that you are sepereated or getting divorce..... (I am not expert on this but this is what I was informed form other visajourney fellows....)

Ebru

fount the link...

http://srwlawyers.com/Resources/SRWBlog/ta...1-Petition.aspx

[Brother Hesekiel 2,236]

Be prepared to get many different answers to this question, but to really hit it perfectly, let us know the following:

1) when did you guys file?

2) did you separate/file for divorce yet?

3) did you sent the I-751 to California or Virginia?

[Ree 9]

fount the link...

http://srwlawyers.com/Resources/SRWBlog/ta...1-Petition.aspx

This link says the article was written in January 2009, so this information is outdated. The procedure of adjudicating of I-751 has changed since than.

Check this one, it has more recent and updated information

http://www.murthy.com/news/n_marpro.html

[candelari 0]

fount the link...

http://srwlawyers.com/Resources/SRWBlog/ta...1-Petition.aspx

This link says the article was written in January 2009, so this information is outdated. The procedure of adjudicating of I-751 has changed since than.

Check this one, is as more recent and updated information

http://www.murthy.com/news/n_marpro.html

If I am not mistaken it is the same thing, you still need to inform USCIS in case of seperation. The only chance as far as I can see, insead of waiting for divorce to finalize and file for one more time, you need to submit divorce decree within your joint application. You will still be called for an interview, submit more evidence and have longer waiting period. YOu just don't have to pull your application back, wait for divorce decree and file with a waiver...

[Jaredd 0]

Be prepared to get many different answers to this question, but to really hit it perfectly, let us know the following:

1) when did you guys file?

2) did you separate/file for divorce yet?

3) did you sent the I-751 to California or Virginia?

First of all, let me thank you all guys for valuable opinions and link provided. And here is some info:

1) filed on september 26th 2009

2) we still talk to each other, good friends; but yes, we are separated

no paperwork was filed for the divorce though

3) Vermont

Thanks!

[Jaredd 0]

let me add this useful link for future reference of other users:

http://www.uscis.gov/files/nativedocuments...tion_3apr09.pdf

it is the original uscis memo regarding such issues