I-751, Divorce and Moving before Receiving Green Card?

[SeaBirds 0]

Hi all,

 

My wife and I are going through a difficult stretch and would really appreciate some advice. Quick breakdown of the timeline:

• I'm an American citizen, and we filed her I-751 jointly in late November, 2018 (received early December).
• We never got a biometrics appointment notice, but when visiting our local USCIS office for an emergency travel waiver (so she could visit a dying relative), they were nice enough to get the Biometrics done right then and there in December 2018.
• We received a notice that her case had gone through preliminary review and been transferred to the Potomac office in late October 2019.
• We've been going through couples therapy for the last 2.5 years and have recently decided to get divorced, but we both still love each other and are fiercely supportive of each other. I want to do whatever I can to make sure she's able to live where she wants. We haven't yet filed for divorce, but are thinking to do so in January 2020.

 

Normally we would probably just stay married until the process completes, but a few wrinkles:

• She loves her job here in Washington state and doesn't want to leave it (totally understandable).
• I've been offered my once-in-a-lifetime dream job in another state, and need to get there by early February 2020 at the latest.
  • If we're selected for an interview, I would absolutely fly back to participate and support her case.

 

We have an immigration attorney that helped us with the initial filing but it's been difficult getting more information about the steps in front of us. Washington state has a 3 month waiting period after filing divorce before it can be finalized, and our attorney has told us that USCIS doesn't recognize 'separated' as a relationship phase. We're both nervous about what happens next. I assume we should file for divorce before I leave Washington, because living separated (especially in different states) looks bad, but our attorney also says that we can't amend our petition (or basically refile) until the divorce is completed, either. What happens if we're called for an interview? Does the USCIS expect divorcing couples to continue living together until the divorce is finalized? Any advice is greatly appreciated.

 

Thank you!

[Georgia16 2,858]

Start the process ASAP as you know you will do it anyway. 3 months to get it completed is fine. She will switch to a divorce waiver and submit the divorce done when she has it. If you would get an interview she will switch there an if she does not have the decree she will get an RFE to give it to them and she has 90 days to reply so that should fit fine. 

[aznhouston 132]

It's hard to prove it's still a bona fide marriage if one of you guys is not willing to make a sacrifice.

She can file for the i751 when still being married and submit the waiver later once the divorce is finalized. The lawyer is clueless.

They may or may not call her in for an interview (not both if she has already submitted the waiver). And it's up to the officer to decide.

 

 

 

Edited December 17, 2019 by hoangthaihuy

[SeaBirds 0]

Thanks so much for the information, Georgia! If I understand correctly, she should switch to a divorce waiver either:

• when the divorce is finalized, OR
• if/when we get called in for an interview before the divorce is finalized?

Hoangthaihuy, thanks for the reply! We're definitely in a bonafide marriage (and have made a number of sacrifices for each other), we're just at a place where it doesn't make sense to sacrifice careers if we're getting a divorce.

[aznhouston 132]

4 minutes ago, SeaBirds said:

Thanks so much for the information, Georgia! If I understand correctly, she should switch to a divorce waiver either:

• when the divorce is finalized, OR
• if/when we get called in for an interview before the divorce is finalized?

Hoangthaihuy, thanks for the reply! We're definitely in a bonafide marriage (and have made a number of sacrifices for each other), we're just at a place where it doesn't make sense to sacrifice careers if we're getting a divorce.

when the divorce is finalized.

[Georgia16 2,858]

29 minutes ago, SeaBirds said:

Thanks so much for the information, Georgia! If I understand correctly, she should switch to a divorce waiver either:

• when the divorce is finalized, OR
• if/when we get called in for an interview before the divorce is finalized?

Hoangthaihuy, thanks for the reply! We're definitely in a bonafide marriage (and have made a number of sacrifices for each other), we're just at a place where it doesn't make sense to sacrifice careers if we're getting a divorce.

It is best to do it as soon as possible when she has the decree. If the divorce is finalized and they then approve it then it can give her problems when she apply for citizenship as it will look like she hid the divorce. 
so as soon as it is finalized she will contact them to switch. 

[khalifa 22]

Hi, 

This is my story about filling while living separately with my wife. My thoughts to you are, get rid of your lawyer and get someone else. There are plenty of couple being approved while living separately. I can't give you an answer about the divorce process etc... But I can DEFINITELY share my story with you.

I filed while my wife and I are living in separate states. 

 

I work as a civil engineer for a big construction company that has construction projects all around the country. So I'm subjected to move from one state to another. I was so busy with work, I honestly did not try to submit a lot of proofs.  

This is what I submitted:

+ A cover letter  explaining EXACTLY our living condition. I did not try to hide anything. 

+ A letter from my contract with my employer specifying that, I will be off work 1 week every month to go see my wife.

+ Bunch of notice of assignments in different states ( Arizona, Utah, Texas,Virginia etc...😓😓😓) I have been moving all over this country and still is. 

+ Joint Lease

+ BUNCH of plane tickets showing that I have been visiting my wife and vise versa

+ Joint Insurances (medical dental and vison) and medical bills showing we are both using the insurance.

+ Life insurance policy showing that my wife will be beneficiary if anything happens to me

+ Utility Bills

+ Tax (Filed as married but filed separately)

+Bunch of credit cards statements.

I didn't bother sending joint bank account statements since my wife is the only one using that bank account. 

I didn't BOTHER sending this people pictures. ( I was toooo lazy to scroll through my phone and find pics and to print them). 

As long as the marriage is legit there is nothing to be worried aboutt.

Edited December 20, 2019 by khalifa
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