Question

[max 1]

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

[Boiler 45,972]

Wrong forum, but you need to be divorced to petition individually.

[diadromous mermaid 36]

Wrong forum, but you need to be divorced to petition individually.

Why wrong forum, Boiler?

[TracyTN 237]

I'm betting this was posted somewhere else and then moved here.

[diadromous mermaid 36]

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

Edited December 15, 2006 by diadromous mermaid

[max 1]

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

Thanks a lot for info...

Question for diadromous mermaid: If she will file a joint I-751, what does mean "be prepared to withdraw and replace it with a waiver once a decree is available".

Thanks again:)

[diadromous mermaid 36]

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

Thanks a lot for info...

Question for diadromous mermaid: If she will file a joint I-751, what does mean "be prepared to withdraw and replace it with a waiver once a decree is available".

Thanks again:)

max,

USCIS is statutorily prohibited from adjudicating a joint I-751 application to remove conditions on permanent residency if the parties are no longer married. Yes, there's a chance that a divorce could occur between submission of a joint application and its subsequent adjudication, and USCIS might be none the wiser, but there's no benefit to keeping them in the dark, if the marriage was always bona fide. Were USCIS to learn that adjudication occured after divorce, attempts to rescind the issuance of unconditional permanent residency could ensue.

Therefore, in the event that a couple sumbit together and subsequently divorce prior to the joint petition being adjudicated, procedure calls for the alien to inform USCIS of the termination of the marriage through which the alien was conferred conditional residency, request that the joint petition which is pending at USCIS be withdrawn and replaced with the alien's own self-petition (waiver I-751) to remove conditions on one or more of the several grounds available to the alien (one of those grounds being "good faith <bonafide> marriage that terminated in divorce"). That submission would be made on form I-751, the only distinction is that box "d" be checked and the form be accompanied by a divorce decree, demonstrating that the marriage is legally terminated and evidence to support the alien's affirmation that the marriage was genuinely not entered into solely for immigration benefit.

[eclowjpd 0]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

[diadromous mermaid 36]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

The OP's USC spouse has not yet filed the divorce petition, as far as I can see.

[eclowjpd 0]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

The OP's USC spouse has not yet filed the divorce petition, as far as I can see.

We had not yet file either, and I thought I could sign, however knowing that we would be divorcing, the immigration and divorce attorney said that signing would be contrary to the evidence presented with the I-751 and would be perjury.

[max 1]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

The OP's USC spouse has not yet filed the divorce petition, as far as I can see.

We had not yet file either, and I thought I could sign, however knowing that we would be divorcing, the immigration and divorce attorney said that signing would be contrary to the evidence presented with the I-751 and would be perjury.

Thanks to all of you...

I spoke with my wife and she is willing to sign I-751. And probably in the beginning of next year I will submit require documents and will send to USCIS.

All comments gratefully appreciate.

Thanks

[diadromous mermaid 36]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

The OP's USC spouse has not yet filed the divorce petition, as far as I can see.

We had not yet file either, and I thought I could sign, however knowing that we would be divorcing, the immigration and divorce attorney said that signing would be contrary to the evidence presented with the I-751 and would be perjury.

Odd, although I suppose both the family lawyer (who, chances are would not be privvy to USCIS requirements) and the immigration attorney (who should be) might have been leaning towards being conservative. I can't quite imagine what would constitute perjury, in any regard. A jointly-filed I-751 is an affirmation, by the USC spouse, that the marriage was not entered into to evade immigration law. If the parties are contenplating divorce, it shouldn't preclude an affirmation that the marriage was bona fide.

Edited December 17, 2006 by diadromous mermaid

[eclowjpd 0]

My lawyer said that I could not sign the I-751 if I was divorcing.

Hello

Im new to the forum and I know there is plenty of information on these boards (I read a lot of posts) but i still have some doubts?

My wife and I got married in Oct 2003. My temporary GC will expire in May 2007. We had some problems and we both decided that the marriage will not work. Tomorrow my wife wants go to lawyer to find out what to do with divorce. She is USC.

We both entered this marriage with best intentions. I still have all documentation (bills, accounts, letters from friends, etc.) The fact is that it didn’t work out. I don’t know what to do??

I have a lot of stuff here, its been more than 5 years I’m here. Pending school, payments, etc.

I should send I-751 in beginning of Feb 2007, but now after that.... how??

We are still married but i don’t know for how long..

I will try to talk with her and explain that i need 2-3 more months to submit I-751, so maybe she will help and sign???

If not what to do??

Send solo with all evidence i have??? Does it matter???

Any advises would be gratefully appreciate

If she's willing, you can file a joint I-751 and be prepared to withdraw and replace it with a waiver once a decree is available.

More explanation of this is located here:

http://www.visajourney.com/forums/index.ph...st&p=621287

The OP's USC spouse has not yet filed the divorce petition, as far as I can see.

We had not yet file either, and I thought I could sign, however knowing that we would be divorcing, the immigration and divorce attorney said that signing would be contrary to the evidence presented with the I-751 and would be perjury.

Odd, although I suppose both the family lawyer (who, chances are would not be privvy to USCIS requirements) and the immigration attorney (who should be) might have been leaning towards being conservative. I can't quite imagine what would constitute perjury, in any regard. A jointly-filed I-751 is an affirmation, by the USC spouse, that the marriage was not entered into to evade immigration law. If the parties are contenplating divorce, it shouldn't preclude an affirmation that the marriage was bona fide.

Both attorneys from the same law firm. Maybe playing it conservative, I don't know, but was not about to take a chance. The immigration partner said absolutely not.