Critical situation!!! Spouse Wants to Leave. 1-751 please help me!

[Crazy Cat 41,836]

1 hour ago, Tommy john said:

I usually visit her every 3-4 months for couple days and then back to my collage.

Yeah, OK......Well, imo, you are going to face issues even with a divorce waiver.  This, imho,  is outside the norm for a normal marriage.  Good luck

Edited November 30, 2021 by Crazy Cat

[Tommy john 9]

1 minute ago, Crazy Cat said:

Yeah......Well, imo, you are going to face issues even with a divorce waiver.  This is outside the normal for a normal marriage.  Good luck

I heard many couples were fine and they were living apart due to life circumstances! 

[Crazy Cat 41,836]

6 minutes ago, Tommy john said:

I heard many couples were fine and they were living apart due to life circumstances! 

Really?   How many of those couples saw each other once only every 3 or 4 months?   What is most important for most people?  Their marriage or college? 

Edited November 30, 2021 by Crazy Cat

[Boiler 45,467]

5 minutes ago, Tommy john said:

I heard many couples were fine and they were living apart due to life circumstances! 

Your wife seems to think otherwise

[Crazy Cat 41,836]

Just now, Boiler said:

Your wife seems to think otherwise

Exactly...and marriage is a two-party experience.

[Ontarkie 14,218]

~~THread moved to Effects of Major Family Changes, from ROC -as similar threads are discussed here.~~

[powerpuff 6,697]

40 minutes ago, Tommy john said:

we lived in same state for 2 years and every weekend we are together

So for the first 2 years of your marriage you lived separately but in the same state and met on weekends?

[Crazy Cat 41,836]

2 minutes ago, powerpuff said:

So for the first 2 years of your marriage you lived separately but in the same state and met on weekends?

He said "I usually visit her every 3-4 months for couple days and then back to my collage."  That is odd, imho.

[Rocio0010 5,579]

First of all, divorce is not a problem for ROC if you are honest about it. You can’t file a joint petition the way things are now because you’re separated. That would be misrepresenting yourself and it has very serious consequences.

And no, not many couples live separate and visit each other every three to four months. It looks more like a friendship situation, and in fact that’s how your wife perceived it. Own the situation: either move to be closer to her, or divorce and switch to a divorce waiver.

[Dashinka 24,488]

Regardless of the personal relationship issues, if the marriage is irreparable, it is time to divorce and attempt the I751 with a divorce waiver.

 

Good Luck! 

Edited November 30, 2021 by Dashinka

[Mike E 11,739]

2 hours ago, Tommy john said:

PleaseI need your advice!! I don’t know what I should do with immigration if we get to interview!! 
 

Well it’s been a stimulating  thread. 
 

Here is contrarian advice.  
 

If  you get an interview then ask your wife if she would be willing to attend the interview with you.  
 

If the answer is yes, then at the interview, without sharing the details you’ve shared today, you tell the IO that the marriage is going through problems and there is a possibility it won’t survive.  Surprisingly, USCIS often approves I-751 under such conditions.  
 

If she says no, then you 1. File for divorce, 2. Make a copy of the divorce filing, 3 go to the interview by yourself, 4. Ask the IO to concern the joint petition to an individual petition under the divorce waiver, 5. Give the IO a copy of your divorce filing. 
 

You will get an RFE for final divorce decree. You will have a deadline (typically 33 days) and note that RFE deadlines are currently extended by 60 days due to Covid.  
 

If you get divorce decree in time, great.  If not, you might have to go to removal proceedings trial.  At trial your lawyer will present your divorce decree and that will be it.  

Edited November 30, 2021 by Mike E

[powerpuff 6,697]

4 minutes ago, Crazy Cat said:

He said "I usually visit her every 3-4 months for couple days and then back to my collage."  That is odd, imho.

That’s the arrangement for the past 1 year he’s been out of state. But later he stated that for the first 2 years (marriage is 3 years)  they live in the same state but he visits on weekends? Hence my question. Anyway, doesn’t look too good for a bonafide marriage requirement 🤔 better file with a divorce waiver asap 

[arken 4,197]

40 minutes ago, Tommy john said:

You mean worry about what ?

Worry about your wife having a bf.

[Marieke H 2,496]

Have you ever lived in marital union with you spouse? You said that during the first 2 years you lived in the same state but only spent weekends together, and during the past year you were only together a few times.

 

That does not sound like a normal marriage to me. Yes, couples get approved if they temporarily live in different states because of college or work, but they usually make a genuine effort to spend as much time together as they can, instead of a 2-day visit every 3 or 4 months.

[Carpe Vinum 2,327]

As best I can remember from the 80s and 90s sex is important to young couples. 😉 Her feelings are normal and shouldn't be that much of a surprise to you.

Edited November 30, 2021 by Carpe Vinum