Trying to figure it out if I should apply as married or separated

[Nananana 0]

Hi everyone, I am seeking for opinions, suggestions... or if the same happened to you, please tell me your story.

I need to apply for my I751, but a lot happen since I've been married, my husband is being very irresponsible with money, stopped paying rent, (we split our rent and all the other bills) never told me, I only found out because the landlord called me saying that he hasn't been paying his half in months, he is not paying for his car, and phone bills, that is one of the reasons of our daily arguments, on top of  that, after we got married his behavior changed a lot and he is being disrespectful,rude, unreasonable and unreliable. 

About a month ago he decided that he wants to separate, that he needs some time for himself and he move out of the house, he did agree to sign the papers tho. 

My questions is: Should I send the papers as married and hopefully things between us will get better once he get his sh** together or should I apply as separated ?

Did anyone here apply as separated recently? what happened? 

 

Thank you 

[geowrian 22,337]

If you file separately, you cannot be approved until you can present a final divorce decree.

At the same time, I would not suggest relying on a spouse that you do not trust to either show up or possibly tank the interview.

 

Another option is to file together, but then switch to a waiver if separation becomes necessary. That buys you both more time to figure out what's going on with the relationship, if you need it.

[Starkilla09 366]

Since you’re still married to and living with your spouse file jointly. To be on a safe side continue keeping bona fide evidence of your marital union as well even after filing. This is just in case you separate down the road and do plan on switching or filing a new divorce waiver. I-751 petitions now take close to 20 months to be adjudicated due to nationwide backlogs. As you can see that’s a long time and if you’re in a turbulent marriage as you say anything can happen between now and then. Remember if you file for a divorce waiver, USCIS will need a divorce decree to be able to adjudicate it as part of the process.

[little immigrant 801]

OK so I can relate to you with my experience. When I filed my I-751 we filed jointly and at the time I sent it, we were living together. Afterwards, he moved out.

 

At my citizenship interview this came up. She asked if we were really living together and I told her exactly how it was (see above). I had received my 10 year GC after he had moved out however we stayed married for one more year, trying to work things out and reconcile somehow. This didn't happen so we divorced. I filed for citizenship based on the 5 year rule. 

 

You said he already moved out. Therefore I cannot agree with @Starkilla09 since you are physically separated.

 

So my suggestion is whatever you put down, be as truthful as possible. Good luck in your process. 

[USC4SPOUSE 506]

On 7/7/2018 at 6:40 PM, Nananana said:

Hi everyone, I am seeking for opinions, suggestions... or if the same happened to you, please tell me your story.

I need to apply for my I751, but a lot happen since I've been married, my husband is being very irresponsible with money, stopped paying rent, (we split our rent and all the other bills) never told me, I only found out because the landlord called me saying that he hasn't been paying his half in months, he is not paying for his car, and phone bills, that is one of the reasons of our daily arguments, on top of  that, after we got married his behavior changed a lot and he is being disrespectful,rude, unreasonable and unreliable. 

About a month ago he decided that he wants to separate, that he needs some time for himself and he move out of the house, he did agree to sign the papers tho. 

My questions is: Should I send the papers as married and hopefully things between us will get better once he get his sh** together or should I apply as separated ?

Did anyone here apply as separated recently? what happened? 

 

Thank you 

You are still married. Thus, you have to file the petition jointly. Your husband has to sign it, too. So there's that. If things change down the line, prepare yourself for that. 

I would even ask him to write an affidavit stating that he entered the marriage in good faith. You could also submit one. This may help you down the line, if things go south. 

Document everything as much as you can. You may not even be called for an interview.