Marriage Issues - Already filed I-751

[Quinton1980 15]

Hi, 

I need some advice.  My receipt date for the I-751 is Feb 2020.  So it has been 13+ months.  Just recently, around the end of Feb, my marriage has start to have to turbulence.  I am now living separately and as of today, I have asked my husband to give me space for my own mental health.  But I am still waiting to have my conditions lifted on my Green Card.  I anticipate it will be another several months before they get to me.  I have no clue what to do now.  We are not divorcing and we are not legally separated through a court.  How will this affect my application?  What if they want to do an interview with me and my spouse.  Is there something I need to do, some form or something?  I am so lost.  Please help if you know what actions I should take.  Thank you!

[mushroomspore 3,044]

1 hour ago, Quinton1980 said:

Hi, 

I need some advice.  My receipt date for the I-751 is Feb 2020.  So it has been 13+ months.  Just recently, around the end of Feb, my marriage has start to have to turbulence.  I am now living separately and as of today, I have asked my husband to give me space for my own mental health.  But I am still waiting to have my conditions lifted on my Green Card.  I anticipate it will be another several months before they get to me.  I have no clue what to do now.  We are not divorcing and we are not legally separated through a court.  How will this affect my application?  What if they want to do an interview with me and my spouse.  Is there something I need to do, some form or something?  I am so lost.  Please help if you know what actions I should take.  Thank you!

Is this just a trial separation for you guys? Are you absolutely sure you guys will not be getting divorced? It doesn't matter if you did get divorced because you can request USCIS to update your ROC filing to a divorce waiver and then present the divorce decree once it's in your hands. If you stay legally married and you get called for an interview, your spouse has to go to the interview with you.

[Mike E 11,739]

Simplest is to get divorced.  
 

Alternatively, if you thing the marriage can be salvaged, continue.  However if you have an interview you will have to convince the IO that you getting “space” from your spouse is a bonafide marriage.  

[da95826 387]

Things to consider while you are separated from your spouse.

 

You can only complete a joint i751 petition if are together with your spouse. If you are officially separated, then USCIS will in the future will examine the good faith status of your marriage either when you complete the i751 at an interview or when you file for your n400.

 

So if you get called in for an interview you need your spouse to attend and support you proving that you are both still together a married couple.

If you get approved without an interview USCIS will look at your marital status in the future if you are divorced and you got the divorce or officially separated before or shortly after the i751 is approved USCIS may suspect marriage fraud.

 

If you sure you are headed for divorce your best choice is file for divorce soon and convert your i751 to a divorce waiver case. Then there will be no issues with USCIS going forward.

[Quinton1980 15]

Thanks everyone for the advice!

[JonSeattle 202]

For any marriage in trouble, I would recommend marriage counseling. In this case, perhaps bringing receipts for payments to the counselor would demonstrate a bonafide attempt to work things out. If there is no interview, but you are divorced later, then bringing the receipts to the n400 interview might help there also.

Edited April 1, 2021 by JonSeattle