How to file for the I-751 in this case?

[Sven 0]

My friend just moved out of their house and got her own apartment. It's a long story and I'll share details if needed, but how can she file for the I-751? They are not divorced and I don't know if they will get divorced, but the thing is that her window for the application opens in February. Could she apply for it right now or do you have to be divorced? Like I said, they are just separated right now. What should I tell her? I don't know much about it, since I didn't have those problems when I did my I-751.

Thank you

[~kiyah~ 14]

My friend just moved out of their house and got her own apartment. It's a long story and I'll share details if needed, but how can she file for the I-751? They are not divorced and I don't know if they will get divorced, but the thing is that her window for the application opens in February. Could she apply for it right now or do you have to be divorced? Like I said, they are just separated right now. What should I tell her? I don't know much about it, since I didn't have those problems when I did my I-751.

Thank you

If her husband is still living, to petition herself she will need to provide a final divorce decree, a separation doesn't meet the requirements to petition herself before the 90-day period begins. Even when the 90 day period begins, if they are not filing together, she will need to provide a final divorce decree to petition herself. Share the following instructions with her, they are fairly helpful:

Download Instructions for Completing Form I-751 (190KB PDF)

Source: http://www.uscis.gov/i-751

~kiyah~

[rika60607 215]

If your friend just moved out, who knows they still may reconcile.

Even if not, her husband may be willing to sign the petition with her.

Even if not, per April 2009 USCIS memo, she can file by herself with a waiver, even if she is only separated. In that case she must have divorce decree in hand by the time her interview comes at the latest.

She has to wait with filing the application until the 90 day window opens, unless by some miracle she gets divorced before February.

http://www.ilw.com/articles/2009,0924-lee.shtm

(found by TracyTN)

Edited November 19, 2009 by rika60607