Applying for I-751 - Separated, not sure what to do

[emmhak 0]

Hello everyone,

 

I am going nuts as my temporary green card will expire in a couple of months. My husband and I married in 2016 and had a baby the next year. Unfortunately, a few months before our son's birth, he started drinking heavily. It's been two years now and he has not been at home for the last year. It's been a terrible situation, especially for him as I can see him wanting to make a change but it's not constant. I tried to help him as much as i could, (he refused going into rehab/was hospitalized multiple times due to intoxication) for a year but after no change, i had to ask him to leave and seek for help in his home state, where his mom lives. He's been in and out of rehab since then. We still talk and have a good relationship, I went to visit in May with our son. i wish i could do it more but due to my tight budget it is impossible. I am not sure what  proof to provide as i am the only one working so we have no bank accounts together or insurance. I was planning on sending an affidavit from his mom,  and a letter from him. Has anyone had this experience? I consulted a lawyer and he told me to explain my situation but i don;t know if this will be enough. To make things worse, when my husband stopped working/baby was born, I applied for food stamps. I am now able to provide for myself and my son so I did not reapply for it and have been 6 months without it. 

 

This is very frustrating, I hope someone can have some advise for me. Thank you in advance! 

[Crazy Cat 41,904]

22 minutes ago, emmhak said:

I consulted a lawyer and he told me to explain my situation but i don;t know if this will be enough.

I don't think an explanation will be enough.  Was this an immigration attorney?

Edited August 13, 2019 by missileman

[emmhak 0]

Hello missileman,

 

Yes, it was an immigration attorney. Sadly, I also think it's not going to be enough. Thanks for your reply. 

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes on Immigration, form ROC - As the Op's situation is not a straight forward ROC.~~

[afrocraft 313]

1 hour ago, emmhak said:

Hello everyone,

 

I am going nuts as my temporary green card will expire in a couple of months. My husband and I married in 2016...and he has not been at home for the last year...was hospitalized multiple times due to intoxication... i had to ask him to leave and seek for help in his home state, where his mom lives...I am not sure what  proof to provide as i am the only one working so we have no bank accounts together or insurance. I was planning on sending an affidavit from his mom,  and a letter from him... I applied for food stamps. I am now able to provide for myself and my son so I did not reapply for it and have been 6 months without it.

First, relax. Single parents are strong people (my sister is one), and I'm sure you'll get through this. Second, you're not alone: Many people have gone through this, and USCIS has a process to waive the joint filing requirements for ROC. You can search these forums for similar cases, if you're not able to file with your husband.

 

Third, start compiling your evidence with what you do have, beginning from marriage to the present. You want to put together anything you have that shows that, since marriage, you have 1) lived together, 2) shared financial responsibilities (e.g, filed taxes as married), 3) shared life experiences (e.g., had a child together), and 4) planned for the future together (OK, this one might be tough.) You might be surprised what you can pull up with a little creativity. For instance: Since your husband appears willing to write you a letter, can he send a copy of his driver's license (showing same address as the one on your license?). 

 

The affidavits will be useful if well written (include dates of marriage, moving in together, separation, explanations, etc.), but you'll need more. Click the link below to see some more examples, then think about alternative evidence in each of the 4 categories. Good luck!

 

Edited August 13, 2019 by afrocraft

[emmhak 0]

afrocraft, thank you for your advice. I don't want to get divorce yet as I am hoping he can get back on track also I know it would devastate him and make his situation even worse. I will start working on gathering as much info as possible.

 

Your advice is greatly appreciated. 

[Ontarkie 14,234]

Using any medical records that he is seeking treatment will be very helpful as to why you are separated. 

[little immigrant 801]

Aren't food stamps a public charge matter which can cause a denial? 

[emmhak 0]

17 hours ago, Ontarkie said:

Using any medical records that he is seeking treatment will be very helpful as to why you are separated. 

I have asked my husband to request it at his rehabilitation facility. Hopefully this will help. 

[emmhak 0]

55 minutes ago, little immigrant said:

Aren't food stamps a public charge matter which can cause a denial? 

It sure can. While things are not really looking good for me, I am just gonna send as much info as I can and hope for the best. We would have not survived had I not received food stamps at the time. 

[Villanelle 4,122]

On 8/14/2019 at 3:16 PM, emmhak said:

It sure can. While things are not really looking good for me, I am just gonna send as much info as I can and hope for the best. We would have not survived had I not received food stamps at the time. 

 

On 8/14/2019 at 2:17 PM, little immigrant said:

Aren't food stamps a public charge matter which can cause a denial? 

There is no public charge assessment done at ROC. Nor is there one at citizenship if she chooses to do such. 

 

I agree with the attny. You just need to explain things with as much proof as you have. You should be fine. Since you are not going to divorce right now you have to file jointly. He will have to come to the interview if there is one. If things change you can adjust paperwork accordingly.