Is it really worth to switch from i-751 joint to i-751 waiver if you don't want get citizenship?

[Giuseppe92 1]

I go straight to the point, I filed jointly with my wife an i-751 21 months ago, the actual waiting time to be processed now is 29 months for Potomac center, my wife is now asking for divorce, i received a call from his attorney couple days ago but i didn't even been served with paper yet. I consulted an immigration attorney yesterday and he told me to wait until the divorce is finalized before tell anything to the immigration, then in case the divorce come before the condition is been removed we can file an i-751 waiver in my specific case with extreme hardship since i have proof that my marriage ended because of my wife mental disorder. But my real question is it is all this really worth it to go for it? For what i know if i just divorce and don't inform the UNCIS they are never going to know i divorced from her few months before i get the condition removed and i am going to receive my 10 years green card in few months. The only way they are going to find out is if one day i reopen a new immigration case on me like the naturalization, do you think is worth the risk? What i really need become a citizen for? I just want people opinion honestly the lawyer are gonna tell me to go for it just because they want my money anyway...

[beloved_dingo 1,976]

1 hour ago, Giuseppe92 said:

I go straight to the point, I filed jointly with my wife an i-751 21 months ago, the actual waiting time to be processed now is 29 months for Potomac center, my wife is now asking for divorce, i received a call from his attorney couple days ago but i didn't even been served with paper yet. I consulted an immigration attorney yesterday and he told me to wait until the divorce is finalized before tell anything to the immigration, then in case the divorce come before the condition is been removed we can file an i-751 waiver in my specific case with extreme hardship since i have proof that my marriage ended because of my wife mental disorder. But my real question is it is all this really worth it to go for it? For what i know if i just divorce and don't inform the UNCIS they are never going to know i divorced from her few months before i get the condition removed and i am going to receive my 10 years green card in few months. The only way they are going to find out is if one day i reopen a new immigration case on me like the naturalization, do you think is worth the risk? What i really need become a citizen for? I just want people opinion honestly the lawyer are gonna tell me to go for it just because they want my money anyway...

This is fraud. No one here will advise you to lie (including by omission) or misrepresent your situation to USCIS. What will you do if you get called for an interview? With a joint petition, USCIS expects BOTH spouses to attend. However, you can inform USCIS at the interview that you have separated and will need to switch to a divorce waiver.

 

The tricky part is timing, because USCIS needs the divorce decree to approve an I-751 with a divorce waiver. I believe once they request the decree, the deadline to provide it is 90 days. 

 

Has your wife actually filed for divorce yet, and you just haven't been served? Because if she hasn't filed, just do it yourself and try to get the divorce finalized as quickly as possible. 

[Giuseppe92 1]

7 minutes ago, beloved_dingo said:

This is fraud. No one here will advise you to lie (including by omission) or misrepresent your situation to USCIS. What will you do if you get called for an interview? With a joint petition, USCIS expects BOTH spouses to attend. However, you can inform USCIS at the interview that you have separated and will need to switch to a divorce waiver.

 

The tricky part is timing, because USCIS needs the divorce decree to approve an I-751 with a divorce waiver. I believe once they request the decree, the deadline to provide it is 90 days. 

 

Has your wife actually filed for divorce yet, and you just haven't been served? Because if she hasn't filed, just do it yourself and try to get the divorce finalized as quickly as possible. 

Like i said my wife attorney just called couple days ago to tell me that i will get served soon, my attorney told me to don't say nothing to the immigration until the divorce is not finalized for 2 reason, 1 to switch from a joint petition to a waiver i need send a copy of the finalized divorce paper anyway. 2 since this is just happened a recent separation is not considered a end of a marriage, my address it is still with her technically i am just staying with a friend so it could be considered just a break and not a separation. I appreciate your answer but i am not trying to fraud it is just trying to understand new dynamics that nobody seen before, a lot of people are in my same situation now, because just 4 years ago the processing time for an i750 was around 6 months and now is about to hit the 30 and this make no sense considering that i have been with my wife for more than 4 years and i still need show immigration that my marriage was real by filing again another i-750 that is going to take at least another couple of year to be approved if everything goes well. 

[beloved_dingo 1,976]

43 minutes ago, Giuseppe92 said:

Like i said my wife attorney just called couple days ago to tell me that i will get served soon, my attorney told me to don't say nothing to the immigration until the divorce is not finalized for 2 reason, 1 to switch from a joint petition to a waiver i need send a copy of the finalized divorce paper anyway. 2 since this is just happened a recent separation is not considered a end of a marriage, my address it is still with her technically i am just staying with a friend so it could be considered just a break and not a separation. I appreciate your answer but i am not trying to fraud it is just trying to understand new dynamics that nobody seen before, a lot of people are in my same situation now, because just 4 years ago the processing time for an i750 was around 6 months and now is about to hit the 30 and this make no sense considering that i have been with my wife for more than 4 years and i still need show immigration that my marriage was real by filing again another i-750 that is going to take at least another couple of year to be approved if everything goes well. 

You don't have to have the divorce decree immediately when switching to a divorce waiver. After notifying USCIS of the change, USCIS sends out an RFE with 90 days to provide it. So the timing is important but you do not have to be divorced the second you switch to a waiver. 

 

When you are living separately and your wife has filed for divorce it is not just a "break". 

 

As I asked before, what will you do if you are scheduled for an interview? What will you do if a few months down the road USCIS sends an RFE for updated proof of a bona fide marriage? Your wife could notify USCIS of your separation herself, btw. And if your joint I-751 is approved after the divorce is finalized, it means that you obtained your immigration benefit by misrepresenting your marriage to USCIS. 

[Mike E 11,739]

1 hour ago, beloved_dingo said:

As I asked before, what will you do if you are scheduled for an interview?

That would be a blessing.

 

I-751 interview waivers seem to be more frequent. As you noted, OP is on a bad path.

[JeanneAdil 6,491]

https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce#:~:text=Unlike some other states%2C North,least one y

 

you need to know rounds for divorce as seems a lawyer is not telling u

1.  Can I get divorced after less than a year if I prove fault?

No. Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation.

good part is you do not have to have  separation agreement but do need to be living in separate  housing

 

2.  What are the requirements for a divorce in North Carolina?

You are eligible to file for divorce, also called an “absolute divorce,” only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time. To file for a divorce in North Carolina, either you or your spouse must currently live in North Carolina and must have lived in the state for at least six months before the divorce case is filed.

 

3.  and read what it says about mental illness 

 

u don't have to wait for her paperwork  /u can file 

 

AS,  your wife has u between a rock and a hard place if you are called to interview soon

and u need to have the ROC 

 

 

Edited June 16, 2023 by JeanneAdil

[GEOntificator 281]

1 hour ago, Mike E said:

That would be a blessing.

 

I-751 interview waivers seem to be more frequent. As you noted, OP is on a bad path.

@Mike EI think OP thinks there is a chance for reconciliation. 

 

3 hours ago, Giuseppe92 said:

Like i said my wife attorney just called couple days ago to tell me that i will get served soon, my attorney told me to don't say nothing to the immigration until the divorce is not finalized for 2 reason, 1 to switch from a joint petition to a waiver i need send a copy of the finalized divorce paper anyway. 2 since this is just happened a recent separation is not considered a end of a marriage, my address it is still with her technically i am just staying with a friend so it could be considered just a break and not a separation. I appreciate your answer but i am not trying to fraud it is just trying to understand new dynamics that nobody seen before, a lot of people are in my same situation now, because just 4 years ago the processing time for an i750 was around 6 months and now is about to hit the 30 and this make no sense considering that i have been with my wife for more than 4 years and i still need show immigration that my marriage was real by filing again another i-750 that is going to take at least another couple of year to be approved if everything goes well. 

From what I have read on this forum this has always been a grey area. If you think there is a chance for reconciliation then it becomes your choice to wait or switch to a waiver but act SOON. One thing to keep in mind is that if you stay separated and you get approved without an interview then you have committed fraud and there is no going back. Try to avoid this from happening at all cost. The good thing is that you submitted your ROC 2 months ago and likely have a long time until it is adjudicated. Once again, if you believe there is a chance to reconcile I would suggest you try and find out soon, otherwise switch to a waiver.

 

P.S I stand corrected as I misread 21 months for 2 months.

Edited June 16, 2023 by kvito28

[JeanneAdil 6,491]

1 minute ago, kvito28 said:

@Mike EI think OP thinks there is a chance for reconciliation. 

 

From what I have read on this forum this has always been a grey area. If you think there is a chance for reconciliation then it becomes your choice to wait or switch to a waiver but act SOON. One thing to keep in mind is that if you stay separated and you get approved without an interview then you have committed fraud and there is no going back. Try to avoid this from happening at all cost. The good thing is that you submitted your ROC 2 months ago and likely have a long time until it is adjudicated. Once again, if you believe there is a chance to reconcile I would suggest you try and find out soon, otherwise switch to a waiver.

it was 21 months ago according to OP

I go straight to the point, I filed jointly with my wife an i-751 21 months ago

 

He needs help

[igoyougoduke 1,656]

5 hours ago, Giuseppe92 said:

I go straight to the point, I filed jointly with my wife an i-751 21 months ago, the actual waiting time to be processed now is 29 months for Potomac center, my wife is now asking for divorce, i received a call from his attorney couple days ago but i didn't even been served with paper yet. I consulted an immigration attorney yesterday and he told me to wait until the divorce is finalized before tell anything to the immigration, then in case the divorce come before the condition is been removed we can file an i-751 waiver in my specific case with extreme hardship since i have proof that my marriage ended because of my wife mental disorder. But my real question is it is all this really worth it to go for it? For what i know if i just divorce and don't inform the UNCIS they are never going to know i divorced from her few months before i get the condition removed and i am going to receive my 10 years green card in few months. The only way they are going to find out is if one day i reopen a new immigration case on me like the naturalization, do you think is worth the risk? What i really need become a citizen for? I just want people opinion honestly the lawyer are gonna tell me to go for it just because they want my money anyway...

and what would you do say 2 years from now they find out and put your on fraud case and deport you back to italy .  JUST DONT DO IT.  if your marriage was in good faith , you should have no issues getting 751 approved. 

 

[GEOntificator 281]

3 minutes ago, JeanneAdil said:

it was 21 months ago according to OP

I go straight to the point, I filed jointly with my wife an i-751 21 months ago

 

He needs help

My bad I read that as 2 months ago. Then OP needs to act immediately. If he gets approved without an interview then he has committed fraud. (which there is a good chance his interview gets waived. I had ROC with a divorce waiver and got approved without one. My case was different though since I was already divorced by the time I submitted my ROC paperwork.)

[Giuseppe92 1]

Guys thanks everyone for the opinions, i want just say that i am just evaluating the risk of all my options here, i didn't make any decision yet of course, but really thanks everyone for the support. I have an appointment with a second lawyer Tuesday just to get a second opinion and than i will take the decision. 

[Rocio0010 5,579]

33 minutes ago, Giuseppe92 said:

Guys thanks everyone for the opinions, i want just say that i am just evaluating the risk of all my options here, i didn't make any decision yet of course, but really thanks everyone for the support. I have an appointment with a second lawyer Tuesday just to get a second opinion and than i will take the decision. 

The problem is precisely that you think that you have “all options” when in reality you don’t. You’re not living together, you’ll be served soon, so you WILL HAVE TO convert to a waiver. Period. There is no “decision” that needs to be made.

[Rocio0010 5,579]

4 hours ago, Giuseppe92 said:

new dynamics that nobody seen before

We see this type of case at least once a week here.

[Verrou 1,962]

The cleaner is ur case, the better it is. If you can get ROC by urself and not joint filing, why wouldn’t you. Never know what happened in the future 

[JeanneAdil 6,491]

he has to have a divorce waiver and NC makes a person wait a year for divorce to be final

even though it says quickee divorce in NC posted by some sites ,   the state says no

so,  he won't be able to have a divorce waiver if interview comes soon

 

and he needs the ROC to keep the green card to work and maintain status

so,  in his case, he needs immigration attorney