I-751 changes: need for advice

[Goodfellow521 0]

Hi Everyone,

 

My wife (USC) and myself have been married and living together for over four years and we submitted a joint ROC petition a few months back. We don't have any kids, both have great jobs and are very career-driven which definitely has put some strain on our marriage. My wife has been offered a great opportunity back East and this time she has decided to take it.

 

I feel very good about the rock-solid evidence that we submitted for the petition, after all our imperfect marriage is the real deal. What I am concerned about is the fact that come spring we will be showing a different address while the I-751 is pending. Is this likely to trigger and delay the original submission? 

 

What do you suggest I do in order to protect myself and my interests? In the event that we would get called to interview, am I better off pushing for divorce now so that I could switch to a waiver? There are a lot of hypothetical and I think she would come back for the interview but I want to have thought through everything and be ready for a different course of actions should the situation further evolve. 

 

Thank you for your help!

[izaksly 4]

ultimately, the decision is yours. there are some lawyers that will tell you file now and switch to waiver, and some other lawyers that will tell you, you can wait maybe they will approve you on the spot and you can file for divorce after you get your 10yr GC.
i am not giving you advice, just the options i found.
i think that in the worst case scenario: you don't file just yet-and they call you for interview. you just go by yourself and explain the situation. you did nothing wrong. regardless, things like this happen all the time, unfortunately=(

[Goodfellow521 0]

44 minutes ago, izaksly said:

ultimately, the decision is yours. there are some lawyers that will tell you file now and switch to waiver, and some other lawyers that will tell you, you can wait maybe they will approve you on the spot and you can file for divorce after you get your 10yr GC.
i am not giving you advice, just the options i found.
i think that in the worst case scenario: you don't file just yet-and they call you for interview. you just go by yourself and explain the situation. you did nothing wrong. regardless, things like this happen all the time, unfortunately=(

Thank you for your response. I am still planning to wait and see and give my marriage one more chance. Sometimes a little separation can actually bring people back together but given that the process now takes over a year we will have to see. It would be nice to get approved on the spot as the majority of us are but I want to be prepared. If we get called in to interview, I will probably in the hopes of being able to switch to a waiver. But again we're still living together for now and these are just hypotheticals for worst case scenario. 

[Villanelle 4,122]

Eh- I get what you are saying Goodfellow- but things to the USCIS are black OR white. They dont "do" grey. So you are either married (which means in basic English together/committed or you are NOT. Not can mean you are legally married but technically separated/pending divorce papers being filed, having divorce papers filed but not finished or legally divorced. Understand? Anything other then a union is not considered to be an ongoing legit marriage.

 

Now heres what makes it complicated. You do not need to have an ongoing legit marriage to file a joint ROC. You just need to be legally married still at the time of adjudication (interview or when they approve w/o one) You need to show a bonafide legit relationship (at the time you were married, regardless of whats going on now) and both people would have to appear for the interview if they set one. Its perfectly fine to tell them in the interview that you are separated/have divorce papers pending or dont have papers pending and still be approved- as long as you are both there and you can prove you entered in good faith. BUT and this is a huge but- you must tell them if at any point in the process you go from ongoing marriage to an alternate status of separated with no papers yet or papers being filed. 

 

You have to realize you filed as an ongoing couple. So if it changes you must tell them. If you do not you will cause huge trouble for yourself down the line. I dont have the actual wording handy- but its to the effect of them making a decision with out all the facts- so you misrepresented. Thats not something you want to do. 

 

So you need to, as hard as it is, label your relationship. Once you go from ongoing relationship to separated- notify them. You will almost likely have an interview if you notify them you are separated and you both will have to attend. They will ask if you want to stay on the joint petition or switch to a waiver. You may even get an RFE asking that prior. You dont have to switch. You can both go and be approved. If she wont go, you need to be on a waiver. You can switch at the interview but thats cutting it so close because once you switch you need the divorce decree. If you dont have it (or havent started the process yet) youll end up in immigration court where youll have more time to present it. 

 

Obviously this topic is quite complex and Ive only given you a basic overlook because Im not sure exactly where you are or whats going to happen. Of course I wish you luck in making your marriage work, I like to think that things happen for a reason and however it works out will be the way it should be- the way thats best for both of you.

 

If you have specific questions feel free to ask. Or search the threads for posts about divorcing during ROC. There are many threads about it.

[Goodfellow521 0]

On 3/5/2017 at 2:54 PM, Damara said:

Eh- I get what you are saying Goodfellow- but things to the USCIS are black OR white. They dont "do" grey. So you are either married (which means in basic English together/committed or you are NOT. Not can mean you are legally married but technically separated/pending divorce papers being filed, having divorce papers filed but not finished or legally divorced. Understand? Anything other then a union is not considered to be an ongoing legit marriage.

 

Now heres what makes it complicated. You do not need to have an ongoing legit marriage to file a joint ROC. You just need to be legally married still at the time of adjudication (interview or when they approve w/o one) You need to show a bonafide legit relationship (at the time you were married, regardless of whats going on now) and both people would have to appear for the interview if they set one. Its perfectly fine to tell them in the interview that you are separated/have divorce papers pending or dont have papers pending and still be approved- as long as you are both there and you can prove you entered in good faith. BUT and this is a huge but- you must tell them if at any point in the process you go from ongoing marriage to an alternate status of separated with no papers yet or papers being filed. 

 

You have to realize you filed as an ongoing couple. So if it changes you must tell them. If you do not you will cause huge trouble for yourself down the line. I dont have the actual wording handy- but its to the effect of them making a decision with out all the facts- so you misrepresented. Thats not something you want to do. 

 

So you need to, as hard as it is, label your relationship. Once you go from ongoing relationship to separated- notify them. You will almost likely have an interview if you notify them you are separated and you both will have to attend. They will ask if you want to stay on the joint petition or switch to a waiver. You may even get an RFE asking that prior. You dont have to switch. You can both go and be approved. If she wont go, you need to be on a waiver. You can switch at the interview but thats cutting it so close because once you switch you need the divorce decree. If you dont have it (or havent started the process yet) youll end up in immigration court where youll have more time to present it. 

 

Obviously this topic is quite complex and Ive only given you a basic overlook because Im not sure exactly where you are or whats going to happen. Of course I wish you luck in making your marriage work, I like to think that things happen for a reason and however it works out will be the way it should be- the way thats best for both of you.

 

If you have specific questions feel free to ask. Or search the threads for posts about divorcing during ROC. There are many threads about it.

Thank you for the lengthy response I much appreciate it. I have read different topics on here and you seem to have the most insight.  I have nothing to hide and as I said have plenty of evidence to show that our union was the real deal. If we become separated and take different paths I will for sure take appropriate steps and notify USCIS of the change in our situation. But right now we are still living with each other and doing everything together. Yes it might not be the perfect marriage, we still are a couple. 

 

I just hope I won't have to make the decision to file for divorce just because it will be the best path to take according to USCIS. I'm still in love with my wife and want to turn this around on my own terms. Does it take at least 8 months to find out if one will receive a rfe or an interview notice?