Separated but not divorced. How can I file the i-751?

[amecus 0]

I moved to the U.S on a K1 visa almost two years ago and now my wife wants a divorce. It was a bona fide relationship and I have plenty of evidence that supports that. My green card expires at the end of March 2016. From what I have read I would need to file the i-751 on my own 90 days before my green card is due to expire. However, I don’t think the divorce will be final by then or even in process. It is my understanding that you need to be divorced to file individually. What are my options? Is there any way I can file without being divorced and just separated? Thank you for your time.

[Hypnos 6,576]

If you file requesting a waiver of the joint filing requirement due to divorce, you will be RFE'd for the divorce decree if you do not submit it with your packet. If you do not/cannot respond to the RFE with the divorce decree in the 87 days then your I-751 would be denied, and you will receive a Notice To Appear in immigration court. It will probably take a year or so for this to happen. By then, you should hopefully have a copy of the divorce decree and can inform the immigration judge of this. You can then resurrect your denied I-751 in immigration court, and proceed normally. It's quite a stupid system for people who wind up in those circumstances, but you should be ok in the end, provided the divorce is final without dragging on for too long.

[NickD 203]

One thing you never ever want to do with the USCIS is to lie on the form, any form, not necessarily the nature of the lie, but the lie itself giving them reason to deport you.

There are two kinds of separations, a physical one and a legal one, with the latter, would be a court record that can be found. I-751 has a number of waivers, that makes me wonder why they even have an I-751.

Got to thinking about my wife when I first saw this form if our marriage didn't work out. To come here, quit her job, sold her condo, either sold or gave away all of her furnishings. She didn't have anything to go back to! Also a huge expense involved, but was settled here with a good job. This would indubitably be a hardship for her to return to her home country as well with anyone else.

But at it was, we had to send in a stack of proof that we were living together, like over an inch high! Ha, teased about would be a lot easier to prove your hardship to return to your home country, a heck of a lot less paper work on our part. If this wasn't bad enough, had to send in the same stack again for her three year naturalization.

Sometimes I feel with have idiots running our country, but this is the way they do things, what really kills me the most, have to be nice.

[Jamaican_Gooner 36]

I moved to the U.S on a K1 visa almost two years ago and now my wife wants a divorce. It was a bona fide relationship and I have plenty of evidence that supports that. My green card expires at the end of March 2016. From what I have read I would need to file the i-751 on my own 90 days before my green card is due to expire. However, I don’t think the divorce will be final by then or even in process. It is my understanding that you need to be divorced to file individually. What are my options? Is there any way I can file without being divorced and just separated? Thank you for your time.

Question for you Amecus, is your wife willing to sign the I-751 petition?? Even though she wants a divorce as it's a bonafide marriage, are you guys amicable that she would do that? Just thinking that may be another straight forward option, it all depends on her as if you get a request for interview and she doesn't want to go then that may be an issue. One other thing I would recommend is to utilize avvo.com, that's a website for legal questions that lawyers tend to give general answers to. All the best

[amecus 0]

If you file requesting a waiver of the joint filing requirement due to divorce, you will be RFE'd for the divorce decree if you do not submit it with your packet. If you do not/cannot respond to the RFE with the divorce decree in the 87 days then your I-751 would be denied, and you will receive a Notice To Appear in immigration court. It will probably take a year or so for this to happen. By then, you should hopefully have a copy of the divorce decree and can inform the immigration judge of this. You can then resurrect your denied I-751 in immigration court, and proceed normally. It's quite a stupid system for people who wind up in those circumstances, but you should be ok in the end, provided the divorce is final without dragging on for too long.

Thank you so much that is really helpful. Would I still be able to work in the meantime after my current green card expires? Also, is the filing fee deposited once you file or once your application is approved?

Question for you Amecus, is your wife willing to sign the I-751 petition?? Even though she wants a divorce as it's a bonafide marriage, are you guys amicable that she would do that? Just thinking that may be another straight forward option, it all depends on her as if you get a request for interview and she doesn't want to go then that may be an issue. One other thing I would recommend is to utilize avvo.com, that's a website for legal questions that lawyers tend to give general answers to. All the best

I think my wife may be willing to sign the petition but we are living on opposite coasts of the country and I don’t think she would be willing to travel for the interview. So I guess this wouldn't be a viable option!? Thank you for your help.

[Hypnos 6,576]

You pay the filing fee at the time you file the I-751.

After your I-751 is denied then you are considered out of status and no longer authorised to work in the US. You will (presumably) fail e-verify checks, too.

You may be able to apply for some kind of EAD whilst your case worked through the immigration court system. I am not overly familiar with that.

[amecus 0]

You pay the filing fee at the time you file the I-751.

After your I-751 is denied then you are considered out of status and no longer authorised to work in the US. You will (presumably) fail e-verify checks, too.

You may be able to apply for some kind of EAD whilst your case worked through the immigration court system. I am not overly familiar with that.

So I have to pay the fee even if they then deny my I-751?

[Hypnos 6,576]

Yes. You are paying for an adjudication, not an approval.

[amecus 0]

Yes. You are paying for an adjudication, not an approval.

Okay, thank you. I just need to find out about whether I can apply for some type of EAD whilst my case is worked through the immigration court system.

[Hypnos 6,576]

Try asking on www.avvo.com. You can receive attorney answers there for free, and it can be a good resource when you need information that isn't overly detailed, like this situation.

[Cathi 5,757]

Question for you Amecus, is your wife willing to sign the I-751 petition?? Even though she wants a divorce as it's a bonafide marriage, are you guys amicable that she would do that? Just thinking that may be another straight forward option, it all depends on her as if you get a request for interview and she doesn't want to go then that may be an issue. One other thing I would recommend is to utilize avvo.com, that's a website for legal questions that lawyers tend to give general answers to. All the best

doing this would require lying to USCIS about the status of their marriage. Never EVER lie to immigration for immigration benefits!!!!!!!!!!!

[newacct 688]

doing this would require lying to USCIS about the status of their marriage. Never EVER lie to immigration for immigration benefits!!!!!!!!!!!

No, this would not require lying. USCIS is required to approve a jointly-filed ROC if they are still married at that point, the marriage wasn't entered into for the purpose of evading immigration laws, and both spouses are able to show up for an interview (if there is one), even if they are separated and/or going through divorce at that time.

Edited November 28, 2015 by newacct

[NickD 203]

Have to get letters of affidavits from people that you know that are really to tesity in a court of law that you are living together. Just wondering how you would do this if living on opposite ends of the coasts.

Key bit of proof required is that you married in good faith, for whatever reason, didn't work out, so you are given different options if you want to stay here.

Ha, its rumored that people want to come here for a better life, but not when they can only find a mininum wage job, high cost of health insurance, can't even get food stamps, etc. We know of two women during our journey whose marriages did not work out for them and have a better life in their home country. So just went back.