Help :( I 751 waiver

[canusa920 11]

Hello everyone,

I need some advice about filing for a waiver I 751 case. Our marriage was in good faith and was excellent until we just had a miscarriage a month ago. It has torn us apart. We have one other child already, but I just feel I can't be happy - with anyone. But I want to continue to reside in the USA for my daughter, I'm terrified of being deported.

My question is, once I file for divorce - am I able to move out of the residence I was living in with my husband? Will that go against me when I file for my I 751? Do I have to wait until I get a "final divorce" agreement before I should move out of the residence with him?

I just can't bare to live in the same place and I was going to rent an apartment with a male coworker and I am also worried that immigration would think that is suspicious of adultery?

Please help,

I feel so lost and broken and I just don't want to lose my daughter on top of the child I just lost.

Thanks everyone

[NikLR 13,231]

~~moved to effects of major changes from ROC~~

Have you thought about marriage counselling and also personal counselling? I think you'd really benefit from at least the latter. Miscarriages are hard to deal with just on your own. Your husband is also dealing with this loss, abet not in the same manner as you.

You can move out at anytime, you do not have to wait for a divorce to be final.

[canusa920 11]

Hello,

We did try counseling. I am seriously so very destroyed. I haven't eaten, slept, I can't continue. I know we both have just went through a horrible ordeal, and i am positive he feels the same that it ruined us, it's my fault I've become a complete recluse.

Thank you, do I wait to file until I have the final divorce decree?

[NikLR 13,231]

Depends on when your card expires.

[canusa920 11]

It expires 04-2016

[NikLR 13,231]

you can either file with the final divorce decree, if that is before the card expires, or if you don't have it then just before the card expires and send them the divorce decree when they RFE for it.

in some states you have to wait a period of time before you can file for divorce or even get the final decree. You'd have to look it up.

[canusa920 11]

Ok thank you for your advice

[NikLR 13,231]

Also despite the fact that your marriage is ending, I highly suggest continuing regular counselling on your own to help you deal with your grief. Maybe start attending a type of church would also help. I can pm you one in particular that helped me and my mother (who has since become a reverend) through some very trying times.

It is not a typical religion and has zero rules in that aspect other than believing in something more than you are. It's sole purpose is to just teach positive thinking and the power of the mind. (and no it's not Scientology... )

[neoblast 138]

You can file I-751 waiver as soon as you file for divorce, might be tricky but possible. I find it weird you moving with a male coworker a month after you lost a baby from you husband. They might suspect adultery too but I don't think that's ground for denial.

counseling should help, but sounds like you've given up.

Good luck!

Edited August 10, 2015 by neoblast