I751 INTERVIEW LATTER BUT WE DIVORCE

[BABA1900 0]

HEY GUYS 

I HAVE SOME PROBLEM

I APPLY FOR I751 REMOVED COINCIDENT

2 years EGO WHIT MY WIFE

THING NO GO true AND WE NO LONGER together about 1 YEAR EGO  BUT NO DIVORCE  

lest week i get interview latter say we need to go to interview

now idk what i need to do

i need to go alone and say we not together ?

i am really dont know what to do now

 

[geowrian 22,338]

Did you divorce or not? The title says "BUT WE DIVORCE" but you also said "BUT NO DIVORCE".

 

If not divorced, the options are:

1) You both go to the interview, are clear about your current marriage circumstances, and hope for the best. The actual requirements have been fulfilled for a joint petition still, and you only need to show that you entered into the marriage in good faith, not that you are still in marital union.

If she doesn't go to the interview, then expect a denial. A joint petition generally requires both individuals there unless there is a reason that they cannot be there (i.e. a military spouse who is deployed).

If you are concerned that they will tank or sabotage the interview, don't do this. This would only apply if you are still on very good terms.

 

If divorced:

You go to the interview and request that they switch you to a divorce waiver. if you have the final divorce decree, present it. If not, they will send an RFE for it after the interview.

Failure to respond to the RFE with the final divorce decree by the response date would result in a denial.

 

I denied, you can refile an I-751 with the divorce waiver option.

Edited August 11, 2020 by geowrian

[BABA1900 0]

sorry you right need fix it 

we are not legally divorce 

but we are not together for 1 year

she go in his way and i go to my way 

not sure where is she today

this no way she coming to this interview

i go by myself?

or just apply for waiver

 

[geowrian 22,338]

3 minutes ago, BABA1900 said:

sorry you right need fix it 

we are not legally divorce 

but we are not together for 1 year

she go in his way and i go to my way 

not sure where is she today

this no way she coming to this interview

i go by myself?

or just apply for waiver

 

Ok, so you are still legally married buy physically separated. Got it.

 

I suggest going to the interview either way. That's where you can request the switch to the divorce waiver.

That said, you must obtain a final divorce decree before they can approve the I-751. Even if you end up having to refile the I-751, you must get legally divorced  before they can approve it without her support.

[BABA1900 0]

11 minutes ago, geowrian said:

thank you so much for your help

i scared if i go them can a stupid decision like to deport me or even do worse things

This situation is not pleasant

My layer say to sand him waiver

and do not go to the interview

idk i am so lost

 

 

[Mollie09 1,543]

1- File for divorce. As soon as possible. Your I-751 cannot be approved if your wife won't show up to the interview, and the waiver won't be approved if you're not divorced.

2- Attend the interview. Show that you filed for divorce. Ask to be switched to a waiver.

3- Wait for the RFE for divorce certificate.

4- Get divorced.

5- Send divorce certificate.

 

If you don't get the certificate in time, you'll likely be denied the I-751 and given a notice to appear in front of an Immigration Judge who will likely grant you the waiver. By then you should definitely have the certificate since that will probably take years.

[geowrian 22,338]

4 hours ago, Mollie09 said:

If you don't get the certificate in time, you'll likely be denied the I-751 and given a notice to appear in front of an Immigration Judge who will likely grant you the waiver. By then you should definitely have the certificate since that will probably take years.

They can also just refile the I-751 with the divorce waiver option instead of relying on a judge to make a ruling. You want to avoid going to court if at all possible.

Also, to get an I-551 stamp, they will need to see the I-751 NOA1.

[BABA1900 0]

Divorce Sent! I paid!
After consulting with some of my lawyers and paralegal who with me from the beginning of the process
I was told I had 2 options
1. Go to an interview without my wife but with a lawyer and k explained what happened
(She's in the West Bank and there is proof but we did not divorce because I'm not the one to pay for it!)
From there the immigration clerk will decide with help me and who or send to the judge (where do I not want to get the road to deportation very fast?)
2. Do not go to the interview and postpone it to submit a WAIVER and explain what happened
Then hope for the best or have me summoned to court

What would you do and is everything I wrote true?
Anyone have a similar case?

[jakelake 222]

If you are still married and go to the interview without your spouse, what will be the explanation?

You have to file for divorce and get a waiver. Not going to the interview is not the same as postponing it. If you don't go, then the petition will be denied.

 

By the way, why is your wife in the West Bank?

 

 

[BABA1900 0]

Yes !
I have evidence until she left the house we lived in together about two years ago
But two years back I have nothing
We signed a divorce but it was never sent because I'm not the one to pay for it but I did it anyway now- the divorce was sent!
My question is whether to go for an interview with a lawyer and explain what happened
Am I at risk for DEPORTED
That even she left me for no reason?
Just left a letter on the table?

[jakelake 222]

If you have already filed for divorce, then you now need the divorce waiver. I would say go to the interview with proof that you are now divorced.

 

These are questions that you need to ask your lawyer. If you are paying a lawyer, then why is there still doubt? I hope that you have a lawyer who specializes in immigration law.

 

 

[da95826 387]

Go to the interview, request that your i751 petition be switch to a divorce wave. Submit proof that you have filed for divorce. 

 

It would be a good idea to get help from a good immigration attorney.