Separation during I-751 Process

[Mavus101 0]

Hi there,

 

I just wanted to reach out and see whether anyone can shed some light on what will probably happen... my wife and I filed my I-751 forms last December. (I arrived in February 2021) Since then, things have taken a turn for the worse and we both want different things in life. Now, we have been together for nearly 8 years and got married in the UK in 2018. We've been around the world together and I have no harsh feelings towards her or anything, we've just grown apart these last months and it's a life changing decision which was made that was never discussed as a couple. I just wanted to reach out and see whether anyone else has been in a similar situation, or has some understanding? I'm speaking with an Immigration lawyer next week to hopefully give me the answers I would love, but I'm a bit of a realist and know that things may just be extremely complicated. I would be planning on moving out of the house and updating my address (I know a new form would be required) etc. I'm just curious to know what my chances are of still being issued my 10 year card, Of course I'd try to apply for Citizenship after I receive mine.  Thanks and I appreciate any response, even if it may not be what I want to hear.

[OldUser 6,641]

9 minutes ago, Mavus101 said:

Hi there,

 

I just wanted to reach out and see whether anyone can shed some light on what will probably happen... my wife and I filed my I-751 forms last December. (I arrived in February 2021) Since then, things have taken a turn for the worse and we both want different things in life. Now, we have been together for nearly 8 years and got married in the UK in 2018. We've been around the world together and I have no harsh feelings towards her or anything, we've just grown apart these last months and it's a life changing decision which was made that was never discussed as a couple. I just wanted to reach out and see whether anyone else has been in a similar situation, or has some understanding? I'm speaking with an Immigration lawyer next week to hopefully give me the answers I would love, but I'm a bit of a realist and know that things may just be extremely complicated. I would be planning on moving out of the house and updating my address (I know a new form would be required) etc. I'm just curious to know what my chances are of still being issued my 10 year card, Of course I'd try to apply for Citizenship after I receive mine.  Thanks and I appreciate any response, even if it may not be what I want to hear.

You have a great chance of getting 10 year GC approved if you have enough evidence of bonafide marriage. Do you have a list of everything you submitted with I-751 and new evidence since then?

Also it helps if your spouse would cooperate with you. Would she support you or get in the way?

[OldUser 6,641]

You also need to divorce. Is this being worked on?

[Mavus101 0]

Well, I really appreciate the fast response. I'm not sure if she would support or Cooperate, but I think she might. It's something I'd have to discuss with her prior to moving. But, I have 8 years of photos/videos and we recently went on a cruise together to Hawaii. I have the documents and everything we submitted with the I-751 and more photos. It's just a shame things have turned out the way they have.

[Mavus101 0]

The divorce hasn't even been discussed as of right now, I do know that this is something that will need to be discussed once I move out.

Edited October 13, 2023 by Mavus101

[OldUser 6,641]

1 minute ago, Mavus101 said:

Well, I really appreciate the fast response. I'm not sure if she would support or Cooperate, but I think she might. It's something I'd have to discuss with her prior to moving. But, I have 8 years of photos/videos and we recently went on a cruise together to Hawaii. I have the documents and everything we submitted with the I-751 and more photos. It's just a shame things have turned out the way they have.

I'm sorry the marriage isn't working out. The photos are great, but what else do you have?

- Joint tax return transcripts

- Statements from joint bank accounts

- Copies of IDs with matching address

- Utility bills with both names

- Lease / mortgage with both names

 

^ Do you have evidence of this sort?

2 minutes ago, Mavus101 said:

The divorce hasn't even been discussed as of right now, I do know that this is something that will need to be discussed once I move out.

It is needed for I-751 approval with divorce waiver. It's unlikely I-751 is going to be approved in "separated" state.

[Mavus101 0]

2 minutes ago, OldUser said:

I'm sorry the marriage isn't working out. The photos are great, but what else do you have?

- Joint tax return transcripts

- Statements from joint bank accounts

- Copies of IDs with matching address

- Utility bills with both names

- Lease / mortgage with both names

 

^ Do you have evidence of this sort?

It is needed for I-751 approval with divorce waiver. It's unlikely I-751 is going to be approved in "separated" state.

 

I have joint tax return transcripts as we filed jointly, we don't have a joint bank account and I do have ID's with matching addresses. We live with her parents, which was something I haven't been keen on.

[Mavus101 0]

5 minutes ago, OldUser said:

I'm sorry the marriage isn't working out. The photos are great, but what else do you have?

- Joint tax return transcripts

- Statements from joint bank accounts

- Copies of IDs with matching address

- Utility bills with both names

- Lease / mortgage with both names

 

^ Do you have evidence of this sort?

It is needed for I-751 approval with divorce waiver. It's unlikely I-751 is going to be approved in "separated" state.

 

She is on my UK bank account, but I'm sure this will not be useful?

[OldUser 6,641]

2 minutes ago, Mavus101 said:

 

I have joint tax return transcripts as we filed jointly, we don't have a joint bank account and I do have ID's with matching addresses. We live with her parents, which was something I haven't been keen on.

Looks like a somewhat complicated case. A lawyer can definitely advice whether it's approvable. It should be in my opinion, but requires a lot of work and more evidence.

[OldUser 6,641]

1 minute ago, Mavus101 said:

 

She is on my UK bank account, but I'm sure this will not be useful?

Something is better than nothing. You have to gather a lot of evidence.

[Mavus101 0]

OldUser, thank you so much. You've made me feel a lot better, and I'll have more answers next week. I just wasn't sure about things. But the ID's the tax transcripts, the UK bank account and 8 years worth of evidence. 

[OldUser 6,641]

1 minute ago, Mavus101 said:

 and 8 years worth of evidence. 

Most importantly evidence from the time you entered the US until now.

[Timona 4,207]

Until you have the final divorce decree, do not send anything to immigration 

[OldUser 6,641]

1 minute ago, Timona said:

Until you have the final divorce decree, do not send anything to immigration 

What if he gets approved meanwhile? 

He must submit change of address via AR-11.

[Timona 4,207]

Technically, he's still married. So, nothing to do. 

 

We've had these cases here on VJ