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Hi guys, I’m just confused to say the least. My wife and I were suppose to sign my immigration documents and send to USCIS. But at this point our marriage is cloudy, although we respect and love each other for some reason we can’t tolerate each other anymore. My conditional is due nov. 16 2021, shall I proceed to request for a divorce waiver from USCIS, how will this legally impact my case… or should we proceed with the filing and stay separated? What’s a feasible option that won’t adversely affect my case? 
Ps: she’ll be happier with a divorce it seem… 

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Filed: Citizen (apr) Country: Taiwan
Timeline

*** I have moved this topic to the Removing Conditions on Residency forum as OP posted "my removal of condition is almost here ".  a few months ago***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 hour ago, Bigmeg said:

Hi guys, I’m just confused to say the least. My wife and I were suppose to sign my immigration documents and send to USCIS. But at this point our marriage is cloudy, although we respect and love each other for some reason we can’t tolerate each other anymore. My conditional is due nov. 16 2021, shall I proceed to request for a divorce waiver from USCIS, how will this legally impact my case… or should we proceed with the filing and stay separated? What’s a feasible option that won’t adversely affect my case? 
Ps: she’ll be happier with a divorce it seem… 

Hi Bigmeg,

 

I just filed with divorce waiver. But the difference in my situation and yours is that my divorce has already been finalized. I would definitely consult with an immigration lawyer on your situation. Definitely not a good idea to file jointly but remain separated.

 

Filing with divorce waiver is similar, you still have to prove it was a bona fide marriage. 

 

From reading other's posts in the forum, might be possible to file with divorce waiver now, even though your divorce is not finalized yet. Months down the road they will send an RFE, and then you can submit your divorced papers when finalized. This is what others have done it seems.

 

My advise would be to seek an immigration lawyer's advise. :) 

 

Good luck!

Timeline: 

I751 w Divorce Waiver Submitted - 9/29/2021

Biometrics Taken - 11/24/2021

Ready for Interview - 5/16/2023

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Filed: Citizen (apr) Country: Ecuador
Timeline

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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