I-751 pending, thinking about separation

[tekoo.nb 0]

So guys and gals, I need some advice from the more experienced on what to do...

 

Me and my wife(USC) have been married for the past 3 and half years and living in TX, we dated for like 3 years before coming to the US and get married(we are both born in Argentina, we met there and date there for some time before she comes back here and then bring me) We entered into this marriage totally in good faith, we love each other, we still love each other, but we feel(the feeling is mutual) that our relationship has gone cold, we tried to do a lot of stuff to go back to our first year and a half of love marriage but looks like we are thinking in different directions and we have different goals in life(work, children, travels, etc..). We are like high school sweethearts and we got married too early. I am only 25 and she is 23. She totally support my application and wants me to get thru this, but we were thinking about separate, at least a "trial separation" because we do not feel that is fair to each other to be together just because the process is pending, and since I applied in january 2017, probably will take at least another 6 months to hear something from USCIS. Since we do/did not fight, is just something that we figured that we not gonna be "together till death do us apart", what is my best option?

1 - Since she 100% supports me, stay married in a friendly relationship till we get everything approved and then move one

2 - Do the trial separation and see if we will be really going for a divorce or not (dont know if this would affect anything and if i need to notify USCIS about this)

3 - Divorce right away(we will still be friends for sure), notify USCIS, and change to waiver?(how would i change my application to a waiver) ?

 

Thanks in advance, any suggestions and advice are welcomed

 

[Mollie09 1,543]

USCIS is a pain when it comes to separations, because you can't file as a married couple living together in a marital union, but you can't file as a divorcee either.

I would go with either 1 or 3.

 

Good luck!

 

Just realized you already applied. You can just leave the application as-is until you get a decision, or you can change to a divorce petition if you get RFE/called for an interview. Honestly, I would leave things as they are until you get a decision, if you get divorced now it will take some time and you need to provide the divorce decree to change to a waiver.

Good luck!

Edited October 3, 2017 by Mollie09

[tekoo.nb 0]

24 minutes ago, Mollie09 said:

USCIS is a pain when it comes to separations, because you can't file as a married couple living together in a marital union, but you can't file as a divorcee either.

I would go with either 1 or 3.

 

Good luck!

 

Just realized you already applied. You can just leave the application as-is until you get a decision, or you can change to a divorce petition if you get RFE/called for an interview. Honestly, I would leave things as they are until you get a decision, if you get divorced now it will take some time and you need to provide the divorce decree to change to a waiver.

Good luck!

Thank you! Yeah I think that will be the best way to do it. By the way, Avante Brazil! haha

[Villanelle 4,122]

I totally disagree with the above.

 

Staying married until the application is approved is fraud. You can not simply remain married just so immigration is easier.

 

USCIS only has two options. You are married or you are not (divorced) They dont recognize separated as a status. But that doesnt mean you have to be "happily" married. Its just your legal status. You are either legally married or legally single (divorced).

 

In situations like this it is best to do what you need to do in life and deal with USCIS like a grownup. If you dont tell them you are separated they can approve your petition under the assumption you are together because that is what you sent in. They can come back later and reopen the file and revoke benefits because they didnt have all the info at the time of approval.

 

You can be approved while married and separated IF the spouse is willing to continue the process and come to any interviews. If she is not or you do not trust her support you can switch to a divorce waiver.

 

Do not hide info from USCIS because its easy and you think they will never find out.

 

[LoveAlways2 90]

I agree with Damara. I just went through the same situation (kind of) after my divorce was final I notified USCIS by sending them a copy of my Extention Letter, biometrics letter, divorce decree, and a few other evidence regarding the divorce. I wrote a statement letting them know that I wanted to change my application to divorce waiver. 

 

I know this probably will trigger an interview, but I rather have peace of mind, and I do not mind a chance to explain what happened either. As long as your marriage was in good faith and you have the supporting evidence (which you should even if sending a Joint application) you should not be worried. 

Edited October 4, 2017 by SadStories