In process of divorce... She needs I-751

[krenn08 8]

Greetings!

I am an American citizen who married a Filipina on the K-1 process. To be honest - we tried, but were never able to really form a good relationship. After a year, we separated and decided to divorce. Now, I live in Maryland, where we must wait a year before filing. Soo... for the last year, we'd been living our separate lives.

At this point, we're nearly done with the divorce (it's been filed - we're looking at a few weeks I hope). She's wanting (needing) to file her I-751. While we didn't exactly separate under the best of circumstances, I still feel she's a good person. As we're not yet officially divorced, she can't file a waiver (http://www.aa-law.com/images/stories/i-751-waiver-joint-filing-41003.pdf) until we're divorced. She's therefore wanting me to file jointly.

While I want her to have a good life - the fact is she doesn't have diddly for evidence of a bonified relationship after the marriage. If I decide to try and help her - file jointly - I have three questions:

1. How can I relay to the USCIS that we're in the process of divorce? SHE will be filing the paperwork.

2. What kind of issues could arise for me? At this point, it's really between her and the US Government, but I'm essentially vouching that we had a good relationship, which obviously we didn't and there's certainly no proof of this.

3. Anything else I haven't thought of?

Your thoughts are appreciated.

[Ontarkie 14,234]

She files with the waiver. They will send her an RFE asking for the decree, by that time you will be divorce and she will have it to send in.

Edited June 13, 2015 by Ontarkie

[ala_tika 16]

Hello!

Under the circumstance you've stated, I won't suggest filing jointly as that would be lying to USCIS. Filing jointly means you're still in a bona fide marriage with the applicant. She can file a I-751 divorce waiver and she'll get RFE'd for the divorce decree. Hopefully, by the time she gets the RFE, the divorce will be finalized. The way you can support or assist her in this process is by helping with any evidence and you can go to the interview (if she gets one). Hope that helps. All the best!

Greetings!

I am an American citizen who married a Filipina on the K-1 process. To be honest - we tried, but were never able to really form a good relationship. After a year, we separated and decided to divorce. Now, I live in Maryland, where we must wait a year before filing. Soo... for the last year, we'd been living our separate lives.

At this point, we're nearly done with the divorce (it's been filed - we're looking at a few weeks I hope). She's wanting (needing) to file her I-751. While we didn't exactly separate under the best of circumstances, I still feel she's a good person. As we're not yet officially divorced, she can't file a waiver (http://www.aa-law.com/images/stories/i-751-waiver-joint-filing-41003.pdf) until we're divorced. She's therefore wanting me to file jointly.

While I want her to have a good life - the fact is she doesn't have diddly for evidence of a bonified relationship after the marriage. If I decide to try and help her - file jointly - I have three questions:

1. How can I relay to the USCIS that we're in the process of divorce? SHE will be filing the paperwork.

2. What kind of issues could arise for me? At this point, it's really between her and the US Government, but I'm essentially vouching that we had a good relationship, which obviously we didn't and there's certainly no proof of this.

3. Anything else I haven't thought of?

Your thoughts are appreciated.

[tuckin14 58]

You do not have to have a divorce decree to file with a waiver. You need to either have filed for divorce, or have a legal separation (in Maryland called a "limited divorce.")

When you wife/ex-wife files with a waiver, you are no longer involved. If she is called for an interview, you will not be called.

You can, if you choose, contact USCIS and add information - positive or negative - to the file. USCIS will give it whatever credibility they deem appropriate. They are aware that some ex-spouses want to paint a rosy picture of what was essentially a sham marriage, and that some ex-spouses are bitter and angry and willing to twist the truth if not outright lie to damage their ex's petition.

My own strong impression - based on two long interviews with one of the immigration officers at the Baltimore office - is that in cases of he-said-she-said, USCIS has a lot of discretion.

You say your wife "doesn't have diddly for evidence." It's not clear, and maybe doesn't matter to you, what she has, but all she has to prove is that at the time of marriage, she intended the marriage to be for real.