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Filed: Timeline
Posted

Hi there,

Apologies if this has been covered elsewhere but I didn't see an answer. I am the permanent resident and filled jointly with my wife to remove conditions back in September. Since our joint filling, we have separated (although not legally) and are living at different addresses. We are in an amicable spot but its unlikely we're going to get back together. Neither of us has yet to file for divorce.

I submitted with strong evidence (joint lease, tax returns, bank accounts, utilities, plenty of photos etc) but am now wondering if I should (or if I'm obligated) to inform USCIS of my situation. It looks as though my service center is experiencing a backlog processing these applications, but since it has been a little over 6 months since I filled, I'm not clear what action (if any) I should take.

Any suggestions?

Thanks!

Filed: Timeline
Posted

You do not have to do anything. At least that's my understanding.

You cannot of course lie if the issue comes up later. But you might well get approved without further ado.

If called for an interview, you must both go unless you are filing with a divorce waiver. A waiver filing requires either that you file for divorce or have a legal separation. It does NOT require a final divorce decree.

Even if you are called for an interview and are separated, you can both go and explain. The separation and impending divorce is by no means a bar to approval. The question is did you intend the marriage to work out when you got married, not did it actually work out.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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