Possibly getting divorced before filling I-751, not sure what to do. Please help

[Zeppelinn1630 3]

Hi Everyone - My Green Card expires early January, so I am supposed to file I-751 by late September/Early October. Me and spouse have a pump-y marriage (2/3 of it we were living apart due to work, school, and the problems), and we both agreed on getting divorced, but haven't decided on a date. He is hesitant to sign the form, so we might get divorced before I file, otherwise, we going to get divorced after I file, possibly mid-way through 2020. 

 

So far we had 3 shared residential with joint leases, 2 federal and state tax returns, joint payments to IRS, joint bills (Electricity, Internet, Insurance, medical), joint healthcare, dental, vision, joint work benefits, joint investments, joint trips, lots of pictures, joints checking, and savings, joint credit cards, joint mails, joint life insurance, phone records that shows daily interaction for the past 3 years, and possible affidavits. Even as we are separated, we still share everything. So we technically cover all the evidences except to having kids. However, I am so worried because we spent more time apart than together, so I am wondering, 

 

A) Do I need to explain why we getting divorced in the applications if I file after divorce? Otherwise, do I need to mention we are separated in the applications if we file together?

B) Is there any tips for the case? Is there any preference on weather we should get divorced before or after?

C) Do I need a lawyer at this stage? I consulted a lawyer, and they would charge a flat fee of $2700 to file the application, which is insanely high. I can afford a lawyer, but I'd rather invest in one for an Interview or if something happened, and case got denied. I am not sure how valuable it's to have a lawyer at this early stage

 

I appreciate the help

 

Thanks,

[Crazy Cat 41,887]

7 minutes ago, Zeppelinn1630 said:

He is hesitant to sign the form,

Then you might want to find a divorce attorney and start the process to end the marriage.....then file with a waiver.....otherwise, you are giving your husband the opportunity to sabotage your ROC ........just food for thought....

Edited July 31, 2019 by missileman

[Georgia16 2,858]

You can put a mark where the file with divorce waiver is and then in cover letter explain that you will be getting divorced. They will send out a RFE or ask you to bring the divorce decree for your interview. 

 

Just send in your evidence of your marriage and you will be fine. 

 

 

[Zeppelinn1630 3]

1 minute ago, Georgia16 said:

You can put a mark where the file with divorce waiver is and then in cover letter explain that you will be getting divorced. They will send out a RFE or ask you to bring the divorce decree for your interview. 

 

Just send in your evidence of your marriage and you will be fine. 

 

 

If I do that, will they send an extension letter once they receive the application, or after I send the divorce decree? My main worry is to lose my job

[Georgia16 2,858]

Just now, Zeppelinn1630 said:

If I do that, will they send an extension letter once they receive the application, or after I send the divorce decree? My main worry is to lose my job

Before like everyone else. They just can’t approve your case before they have the official divorce decree. 

 

If if you know you are getting a divorce 100% than get started on the process that will make it easier for you in the long run so you don’t have to wait for that. If you guys are not sure yet than he should sign as a couple 

[Zeppelinn1630 3]

Just now, Georgia16 said:

Before like everyone else. They just can’t approve your case before they have the official divorce decree. 

 

If if you know you are getting a divorce 100% than get started on the process that will make it easier for you in the long run so you don’t have to wait for that. If you guys are not sure yet than he should sign as a couple 

how long do they give you to send an RFE? If I remember from the I-485, is it like a month?

 

Per my spouse, we are 100% getting divorced. It is just a matter, we splitting some assets and finalizing our financial independence, and few other small things

[Georgia16 2,858]

3 minutes ago, Zeppelinn1630 said:

how long do they give you to send an RFE? If I remember from the I-485, is it like a month?

 

Per my spouse, we are 100% getting divorced. It is just a matter, we splitting some assets and finalizing our financial independence, and few other small things

Okay sorry to hear that. I would go ahead and get it started if I was you. Is there a separation period also in your state before divorce? 

 

I am almost 8 months in to ROC and haven’t heard anything so ROC are slow right now so you should have plenty of time to get things sorted before you would get RFE/interview  

 

 

[Zeppelinn1630 3]

Just now, Georgia16 said:

Okay sorry to hear that. I would go ahead and get it started if I was you. Is there a separation period also in your state before divorce? 

 

I am almost 8 months in to ROC and haven’t heard anything so ROC are slow right now so you should have plenty of time to get things sorted before you would get RFE/interview  

 

 

yup, we already covered the legal separation requirement. I gave my spouse until 3rd week of august to give me a final decision. If refused to sign, I will just go ahead and file for divorce since it will take 4-6 weeks, so Ideally I will be filing with at least a month left on my CGC

[Georgia16 2,858]

20 minutes ago, Zeppelinn1630 said:

yup, we already covered the legal separation requirement. I gave my spouse until 3rd week of august to give me a final decision. If refused to sign, I will just go ahead and file for divorce since it will take 4-6 weeks, so Ideally I will be filing with at least a month left on my CGC

Okay that may cut it a bit short to get your extension letter. Like said they are a bit slow lately. But will keep my fingers short that you will get it. 

[kline19 102]

3 hours ago, Zeppelinn1630 said:

If I do that, will they send an extension letter once they receive the application, or after I send the divorce decree? My main worry is to lose my job

 

It looks like you have not updated your Social Security Card.

 

Definitely go to Social Security Office with your unexpired GC and apply for a new SSN card that won't have USCIS authorization written on it. Then go to your employer and update your I9 form with your driver's license and your new SSN. In this way, you decouple the immigration status renewals and updates from your I9.

[Zeppelinn1630 3]

2 hours ago, kline19 said:

 

It looks like you have not updated your Social Security Card.

 

Definitely go to Social Security Office with your unexpired GC and apply for a new SSN card that won't have USCIS authorization written on it. Then go to your employer and update your I9 form with your driver's license and your new SSN. In this way, you decouple the immigration status renewals and updates from your I9.

My ID expiration date is the same as my GC, so I don't think that should work. Hopefully I wouldn't get to this point 

[Villanelle 4,122]

Sorry to hear your marriage didn't work out.

 

Anyway USCIS only gives you two options- you are either married or you are divorced. There is no category for separated or pending divorce or divorce filed but not finalized. It's either married or divorced.  Married means you have a valid marriage certificate and are legally spouses. Divorced means you were married and a court divorced you and you have a divorce decree. 

 

This puts people who are separated but not yet divorced in a weird spot during ROC.  In order for a joint ROC to be approved you must still be legally married on the approval date. (Approval date is not the same as filing date. Approval wont be for 9months to a year from filing). So you can file jointly since you are still legally married. You would up front disclose to USCIS that you are separated but still legally married so filing jointly and policy states USCIS can NOT hold the pending separation or divorce against you. You will most likely be interviewed (jointly) and you both will have to attend. Again as long as you are still legally married you can get approved on the joint. If you file jointly and then divorce you will have to switch to a waiver.

 

You can also file now under a waiver by checking the divorce box. Some people have an issue doing this because they technically are not divorced yet so it feels to them like they are lying on the forms. While there is no policy memo saying you can file divorce waiver before actually having the divorce, many people do and it's never ever been an issue that I've seen. The issue is when you file with divorce waiver they expect you to include your divorce decree. When you initially file it's OK for it to not be included. They will accept your packet with out it. But once someone looks at it and sees you do not have the divorce decree they will RFE you for it and you get the standard 87 days to respond. If you don't have it yet, you can tell them that as a response and they will set you up for an interview where you can present it. Still don't have it at the interview? You show it in court. I'm not going to explain more on that aspect because you seem to be in a position where you can get the decree quickly so it won't go that far. 

 

I've already written so much and I'm not sure what parts you may need explained further so post back if you have more questions.

[Zeppelinn1630 3]

12 minutes ago, Villanelle said:

Sorry to hear your marriage didn't work out.

 

Anyway USCIS only gives you two options- you are either married or you are divorced. There is no category for separated or pending divorce or divorce filed but not finalized. It's either married or divorced.  Married means you have a valid marriage certificate and are legally spouses. Divorced means you were married and a court divorced you and you have a divorce decree. 

 

This puts people who are separated but not yet divorced in a weird spot during ROC.  In order for a joint ROC to be approved you must still be legally married on the approval date. (Approval date is not the same as filing date. Approval wont be for 9months to a year from filing). So you can file jointly since you are still legally married. You would up front disclose to USCIS that you are separated but still legally married so filing jointly and policy states USCIS can NOT hold the pending separation or divorce against you. You will most likely be interviewed (jointly) and you both will have to attend. Again as long as you are still legally married you can get approved on the joint. If you file jointly and then divorce you will have to switch to a waiver.

 

You can also file now under a waiver by checking the divorce box. Some people have an issue doing this because they technically are not divorced yet so it feels to them like they are lying on the forms. While there is no policy memo saying you can file divorce waiver before actually having the divorce, many people do and it's never ever been an issue that I've seen. The issue is when you file with divorce waiver they expect you to include your divorce decree. When you initially file it's OK for it to not be included. They will accept your packet with out it. But once someone looks at it and sees you do not have the divorce decree they will RFE you for it and you get the standard 87 days to respond. If you don't have it yet, you can tell them that as a response and they will set you up for an interview where you can present it. Still don't have it at the interview? You show it in court. I'm not going to explain more on that aspect because you seem to be in a position where you can get the decree quickly so it won't go that far. 

 

I've already written so much and I'm not sure what parts you may need explained further so post back if you have more questions.

That make sense. We are just trying to have a good terms divorce to avoid the divorce mess since we are friends at worst, that is why it is complex situation that I am stuck in because my the ROC.

 

Do you think I need a lawyer at this early point to help filing the form? would it be any beneficial considering the high value and fees? And do you have any recommendations regarding evidence or explanations on anything? 

 

I know my situation is not as complex as many other cases, it just my marriage situation with the immigration process are overwhelming and stressing me so much, so it is hard to think clear

 

Thank you

  

[Villanelle 4,122]

How did you do the paperwork for the GC? By yourself or with an attny? ROC is no more difficult then AOS forms. Technically all the forms on USCIS are suppose to be able to be filled out by regular people with out attnys. Your ROC seems perfectly normal and I don't see any issues that need an attny to handle. If you are uncomfortable then by all means use an attny. The resources on VJ plus the form instructions itself should be sufficient for you to put together a good packet

 

 Search the ROC forums. There are plenty of threads listing what people sent as proof. look at both joint and divorce waiver threads. Gather as much evidence as you can and you can always make your own thread asking for opinions on what you've gathered. 

[Villanelle 4,122]

Edit- Also IMO the most important piece in a divorce waiver ROC is the affidavit letter you send yourself outlining the relationship and how/why it broke down along with proof. Start at the waaaay beginning when you met, describe how you fell in love and married. Outline all the joint proof you are including. Explain then how it broke down, proof of any therapy, proof of divorce paperwork along with final decree if you have it. The decree is a HUGE piece of evidence as it's a sworn court document where you both acknowledge the marriage and your joint assets and debts.