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Legal Seperation

By ConcordUser in General Immigration-Related Discussion

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Is legal seperation time considered as being married time?

you are either married or not married... no such thing as sorta married... until the marriage is dissolved, you are technically still married

YMMV

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

You are still married until the divorce is finalized even if you are legally separated.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Juan & Nan Community Regular

Juan & Nan   12

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Is legal seperation time considered as being married time?

Yes, you are married until your divorce decree gets signed and dated by the judge.

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Is legal seperation time considered as being married time?

Depends. Technically yes, but if you're trying to gain some sort of benefit then probably not. For instance, if you're trying to ROC jointly and you tell them you're legally separated then no you couldn't ROC jointly. You would have to divorce and file a waiver ROC. What are you trying to do? Are you talking immigration wise? Are you talking starting a new relationship wise? What is the purpose behind your qn?

.

.

.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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ConcordUser Collaborator

ConcordUser   18

Posted
Filed: Citizen (apr) Country: India
 Timeline
  • Author
Posted

I was just curious. Couple of decades ago when I went through divorce, state of va required 1 year seperation before the divorce granted. Not sure how things are done now a days.

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

I was just curious. Couple of decades ago when I went through divorce, state of va required 1 year seperation before the divorce granted. Not sure how things are done now a days.

VA still requires that, but technically you're married during that time although you need to be living apart for it to count as the separation time.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

I was just curious. Couple of decades ago when I went through divorce, state of va required 1 year seperation before the divorce granted. Not sure how things are done now a days.

It still doesn't answer my question about why you want to know. For instance, filing taxes? Yes you'd be married filing separately (unless you file jointly.. though I don't know why you would) - you wouldn't be able to file "single". Dating someone else? Yes you tell them you're married but separated. Ticking the "marital status" on a form.. there's the fun one. My boss received a Jury duty noticed and it had a box for single, married, and divorced/separated (those last two were together)... so apparently for jury duty they consider it one and the same. If someone asked me I would tell them I'm married, but I'm legally separated. When no box makes a distinction, you're married. For K1 purposes (for instance if you're trying to file for a K1) you wouldn't be considered "free to marry" because you're still married. You couldn't marry anyone else until the divorce came through.

For MOST intents and purposes, yes, still married. Honestly though, like I said, depends on what it's for.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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