I-751 When you are separated

[10yeargc 8]

Hello Everyone,

 

I will file my I-751 form next month (January 2021). We have been separated with my wife for 6 months. But we are still married . 

I have all documents whatever I need . I think I will need her sign on the Form , right ? if she does not sign , does it make problem for me ? is it ok to send the form by myself ?

Any idea or recommendation please ?

[DSOTM1973 52]

You have a marriage problem not an immigration problem at this point. Are you heading into divorce or you see a way to reconcile?

If you are going to get divorced then better start now, if you still have hope to fix it, then try and fix

As far as immigration, 

what is your relationship with your partner? is it mutual or there are a lot of issues and you are 100% sure of the divorce?

 

If the later, 

Send the documents as Divorce Waiver, submit the all documents you have (Pics, leases, bank statement, Insurance, pics, ... etc), and a very detailed statement of what happened in the relationship from the day you met to the separation and why. Once you are divorced, you will just need to send the decree and that should do it.

 

If you two want to work on your marriage, then you can file together, and also add a joint statement of the relationship and the problem and that you two are trying to figure it out.

 

Bottom line, If you are going to get divorced, then file alone, and start the divorce now

 

[10yeargc 8]

12 minutes ago, DSOTM1973 said:

You have a marriage problem not an immigration problem at this point. Are you heading into divorce or you see a way to reconcile?

If you are going to get divorced then better start now, if you still have hope to fix it, then try and fix

As far as immigration, 

what is your relationship with your partner? is it mutual or there are a lot of issues and you are 100% sure of the divorce?

 

If the later, 

Send the documents as Divorce Waiver, submit the all documents you have (Pics, leases, bank statement, Insurance, pics, ... etc), and a very detailed statement of what happened in the relationship from the day you met to the separation and why. Once you are divorced, you will just need to send the decree and that should do it.

 

If you two want to work on your marriage, then you can file together, and also add a joint statement of the relationship and the problem and that you two are trying to figure it out.

 

Bottom line, If you are going to get divorced, then file alone, and start the divorce now

 

 

Thank you for reply,

 

 

[10yeargc 8]

3 minutes ago, 10yeargc said:

 

Thank you for reply,

 

 

 

 

I will need her sign on the form , right ?  if she does not sign , do I have to wait untill we get divorced or ? I do not know how immigration works with this situation !

 

[carmel34 3,633]

The form does not have an option to indicate "separated," you have to select either "married" or "divorced."  Most recommend that in a situation such as yours, you first decide if divorce is what you want, FOR SURE.  If you decide to move forward with the divorce, then contact a good divorce attorney and start the process as it can take a while depending on the state laws.  Or speak with your spouse that you are separated from and see if the divorce can be negotiated mutually without paying for attorneys, or perhaps via mediation as those are much cheaper options.  Once the divorce process has begun, then fill out the I-751 as if you are divorced, marking "divorced" for Section 1, item 10, and for the date of divorce in Section 1, item 13, write in "pending."  For Section 3, check 1 d which is a divorce waiver filing.  She does not have to sign if you file with a divorce waiver.  You could also attach a letter to the I-751 explaining that you are currently separated and in the process of getting divorced.  I-751s take a long time to be adjudicated, so by the time it is reviewed and you get an RFE asking for the official divorce decree certified by the court of the county where you live, you'll have a copy that you can submit in response to the RFE.  Another option would be to check everything above as married, but she would need to sign the I-751, and then take the divorce decree to the ROC interview which will likely be in a year or more for most UCSIS offices, and ask at the interview to convert the I-751 to a divorce waiver and make the changes at that time.  Either way, you will need evidence of a bona fide marriage relationship so save all the evidence you can showing financial co-mingling and co-habitation at the same address since your marriage date.  Sorry the marriage did not work out, and good luck!

Edited December 18, 2020 by carmel34

[10yeargc 8]

55 minutes ago, carmel34 said:

The form does not have an option to indicate "separated," you have to select either "married" or "divorced."  Most recommend that in a situation such as yours, you first decide if divorce is what you want, FOR SURE.  If you decide to move forward with the divorce, then contact a good divorce attorney and start the process as it can take a while depending on the state laws.  Or speak with your spouse that you are separated from and see if the divorce can be negotiated mutually without paying for attorneys, or perhaps via mediation as those are much cheaper options.  Once the divorce process has begun, then fill out the I-751 as if you are divorced, marking "divorced" for Section 1, item 10, and for the date of divorce in Section 1, item 13, write in "pending."  For Section 3, check 1 d which is a divorce waiver filing.  She does not have to sign if you file with a divorce waiver.  You could also attach a letter to the I-751 explaining that you are currently separated and in the process of getting divorced.  I-751s take a long time to be adjudicated, so by the time it is reviewed and you get an RFE asking for the official divorce decree certified by the court of the county where you live, you'll have a copy that you can submit in response to the RFE.  Another option would be to check everything above as married, but she would need to sign the I-751, and then take the divorce decree to the ROC interview which will likely be in a year or more for most UCSIS offices, and ask at the interview to convert the I-751 to a divorce waiver and make the changes at that time.  Either way, you will need evidence of a bona fide marriage relationship so save all the evidence you can showing financial co-mingling and co-habitation at the same address since your marriage date.  Sorry the marriage did not work out, and good luck!

Thank you for the reply Carmel34,

 

If she does not want to sign the form , is it the only way  start divorce process to fill out the Form ?

 

I mean I want to select ''married '' and write an explanation letter which says '' I want to save my marriage but she gone and I can not  not reach her , I do not know where she is   ( Which is true - ) ... does it work?

 

Thank you 

 

 

 

[JFH 12,190]

16 hours ago, 10yeargc said:

Thank you for the reply Carmel34,

 

If she does not want to sign the form , is it the only way  start divorce process to fill out the Form ?

 

I mean I want to select ''married '' and write an explanation letter which says '' I want to save my marriage but she gone and I can not  not reach her , I do not know where she is   ( Which is true - ) ... does it work?

 

Thank you 

 

 

 

Sounds like a divorce is inevitable. Although you may wish to remain married to her, it doesn’t look like she wants to remain married to you if you cannot even contact her to try to resolve things. 

[da95826 387]

You can not move forward with your immigration case if you are separated with your spouse, you can't file a standard joint i751 application alone and you need to show you and your spouse live together at the same home for the entire marriage. Living apart from your spouse is a big red flag in i751 cases and require extra proof that while apart you are still conducting yourselves as a married couple and living apart for a good reason.

 

The only way to get the conditions remove from your green card  alone is to file an i751 waiver  case. There are waivers for divorce, abuse, widow, compassion. In all i751 your still need to show the marriage was entered in good faith while you were together (you & spouse lived together, shared finances, did things together as a couple pictures, affidavits).

 

If you file an i751 with a divorce waiver you only need to have a divorce decree along with good faith marriage proof.

If you file an i751 with a abuse waver you need to prove you been been subject to physical abused or suffered severe emotional abuse along with good faith proof of your marriage.

Other waivers require special circumstances that occur during marriage that you likely don't qualify for.

 

Simply if you are no longer together with your spouse the best move is to file for divorce and file i751 divorce waiver case, gather proof your good faith marriage.

[10yeargc 8]

2 hours ago, da95826 said:

You can not move forward with your immigration case if you are separated with your spouse, you can't file a standard joint i751 application alone and you need to show you and your spouse live together at the same home for the entire marriage. Living apart from your spouse is a big red flag in i751 cases and require extra proof that while apart you are still conducting yourselves as a married couple and living apart for a good reason.

 

The only way to get the conditions remove from your green card  alone is to file an i751 waiver  case. There are waivers for divorce, abuse, widow, compassion. In all i751 your still need to show the marriage was entered in good faith while you were together (you & spouse lived together, shared finances, did things together as a couple pictures, affidavits).

 

If you file an i751 with a divorce waiver you only need to have a divorce decree along with good faith marriage proof.

If you file an i751 with a abuse waver you need to prove you been been subject to physical abused or suffered severe emotional abuse along with good faith proof of your marriage.

Other waivers require special circumstances that occur during marriage that you likely don't qualify for.

 

Simply if you are no longer together with your spouse the best move is to file for divorce and file i751 divorce waiver case, gather proof your good faith marriage.

How about if file the form by selecting " married " and sign the form for both of us and send all proof .. Because we are still married and I'm still taking care of her financially . I have strong proofs... And I make my decision to file for divorce or not during march - April..if we get together it is ok...if I file for divorce and if they call me interview , I say that e are on divorce process ...

[da95826 387]

7 minutes ago, 10yeargc said:

How about if file the form by selecting " married " and sign the form for both of us and send all proof

Under no circumstances forge a signature on a immigration document for someone else, it is a crime.

 

If you file a joint i751 and you are separated from your spouse and make a misrepresentation that you are together with your spouse to the USCIS you will never get an 10 year green card or become a citizen and you could be deported if USCIS finds out. Making a misrepresentation in a immigration case will result in a perminate bar of getting any immigration benefit. 

 

Not sure why you would why you would risk your immigration status by misrepresenting your relationship with your spouse with USCIS there no need to. You basically have two options here. 1) if you get back together with your spouse and the spouse signs the i751 form you can file a joint i751 petition. 2) You can get a divorce and file a an i751 waiver case.  

 

[little immigrant 801]

Hi I was separated at the time of my I-751 however my spouse signed the papers. When it was time to file the N400 I didn't because that form asked if I was separated or not. I know I would have gotten denied for not living in marital union with my spouse so I chose to hold off on naturalization until things became clearer. We did end up divorcing however my I-751 was approved without an interview. I don't know what I would have done if they had called us to an interview because my spouse would have refused to come. I probably would have had to file for divorce and switch to a divorce waiver at that point. 

 

I remember it was such a stressful time for me and I wish you peace and I hope everything will turn out well for you.

[10yeargc 8]

45 minutes ago, da95826 said:

Under no circumstances forge a signature on a immigration document for someone else, it is a crime.

 

If you file a joint i751 and you are separated from your spouse and make a misrepresentation that you are together with your spouse to the USCIS you will never get an 10 year green card or become a citizen and you could be deported if USCIS finds out. Making a misrepresentation in a immigration case will result in a perminate bar of getting any immigration benefit. 

 

Not sure why you would why you would risk your immigration status by misrepresenting your relationship with your spouse with USCIS there no need to. You basically have two options here. 1) if you get back together with your spouse and the spouse signs the i751 form you can file a joint i751 petition. 2) You can get a divorce and file a an i751 waiver case.  

 

Thank you for your reply ..very useful for me ..

10 minutes ago, little immigrant said:

Hi I was separated at the time of my I-751 however my spouse signed the papers. When it was time to file the N400 I didn't because that form asked if I was separated or not. I know I would have gotten denied for not living in marital union with my spouse so I chose to hold off on naturalization until things became clearer. We did end up divorcing however my I-751 was approved without an interview. I don't know what I would have done if they had called us to an interview because my spouse would have refused to come. I probably would have had to file for divorce and switch to a divorce waiver at that point. 

 

I remember it was such a stressful time for me and I wish you peace and I hope everything will turn out well for you.

Thank you for your share and wishes 

[10yeargc 8]

One more question ..I know you guys already mentioned that there are only 2 option .but how about if I select married which is true and support this with strong proof and leave blank her signature part and write a explanation letter about our situation . and explain to immigration officer that I was not able to reach my wife , she gone and I don't know where she is ...in this case what's gonna happen ? Will they just call me to interview to see if this marriage was real or not .Or they will wait until I get divorce...

[da95826 387]

If you file an i751 without a waiver option you are filing a joint i751 petition if you do that without your spouse it will be denied.

 

If you send it off without your spouse's signature USCIS will either reject the application and send it back, or send a RFE to get  a signature, or maybe  bring it up at the interview and the case will be denied unless you convert your case to a waver case. Once again do not misrepresent any facts to USCIS if you are found to have lie you will never get a green card or naturalization.

 

If you are not in contact with your spouse you must file a waiver case under either a divorce or abuse. If you have not been abused by your spouse then a divorce is your only option. 

 

If your spouse abandoned the marriage then you can file for divorce on you own right away and work through the process as quickly as possible. 

 

You can file the i751 divorce waiver petition before your divorce is final, you will eventually will get an RFE to send in the divorce decree at some point later, likely months later. Wait to file the i751 until just before it expires hopefully months after you filed for divorce and you will get the divorce decree in time to respond to the RFE. If you still waiting  when the RFE arrives for the divorce decree you would send whatever proof you have that you filed for divorce and awaiting for the decree to be issued perhaps due the your spouse abandoning the marriage. 

 

If you file an i751 alone without your spouse you can only do that with a waiver, that what the waiver is for not filing a joint i751 petition with your spouse due to the fact you got your conditional green card through marriage. The condition on your green card is you remain married to your spouse.

 

[10yeargc 8]

9 hours ago, da95826 said:

If you file an i751 without a waiver option you are filing a joint i751 petition if you do that without your spouse it will be denied.

 

If you send it off without your spouse's signature USCIS will either reject the application and send it back, or send a RFE to get  a signature, or maybe  bring it up at the interview and the case will be denied unless you convert your case to a waver case. Once again do not misrepresent any facts to USCIS if you are found to have lie you will never get a green card or naturalization.

 

If you are not in contact with your spouse you must file a waiver case under either a divorce or abuse. If you have not been abused by your spouse then a divorce is your only option. 

 

If your spouse abandoned the marriage then you can file for divorce on you own right away and work through the process as quickly as possible. 

 

You can file the i751 divorce waiver petition before your divorce is final, you will eventually will get an RFE to send in the divorce decree at some point later, likely months later. Wait to file the i751 until just before it expires hopefully months after you filed for divorce and you will get the divorce decree in time to respond to the RFE. If you still waiting  when the RFE arrives for the divorce decree you would send whatever proof you have that you filed for divorce and awaiting for the decree to be issued perhaps due the your spouse abandoning the marriage. 

 

If you file an i751 alone without your spouse you can only do that with a waiver, that what the waiver is for not filing a joint i751 petition with your spouse due to the fact you got your conditional green card through marriage. The condition on your green card is you remain married to your spouse.

 

Thank you so much . very useful information... Thank you