Filing I-751 while waiting for divorce decree

[YellingSeal 0]

My case is not good. Got separated 1 year after moving. Not divorced. Moved 2 months after getting to the US and did not know I needed to notify USCIS (just did). Only proof that exist is picture together, a joint lease, testimony of less than 10 people (if they want to do it), chat logs. Applying 1 month late. Basically I think we are very likely to get an interview. 

 

My question is "Where are the interviews?" It says local USCIS on most resources but its unclear if all of them conduct the interview. Based on my state, I have to send the form to Arizona which is quite far. My sponsor (ex-wife, not divorced) would be willing to travel for an interview to the local office our zip code gives us here (https://www.uscis.gov/about-us/find-a-uscis-office/field-offices) but not to Arizona. 

 

Another question I have is "Should I wait for my online AR-11 to go through before submitting my I-751?" I'm pretty sure the answer is yes.

 

Also, should I get a lawyer? Don't really have the money for it right now (the 600$ fee is already a lot) but having a complicated case makes me anxious. Though the process of even getting here was much harder and more complicated and I never used a lawyer for that.

 

Thanks

[Dashinka 24,466]

So you are in the process of divorcing?

[YellingSeal 0]

3 minutes ago, Dashinka said:

So you are in the process of divorcing?

No. Separated, living at different addresses. This was another concern of mine if we happened to get divorced after I submit my I-751. It is not in the cards right now but could happen. I read that I would need to re-apply/amend my I-751.

Edited December 7, 2023 by YellingSeal

[Crazy Cat 41,771]

3 minutes ago, YellingSeal said:

No. Separated, living at different addresses.

Why are you separated?  Marital issues?

Edited December 7, 2023 by Crazy Cat

[Dashinka 24,466]

Yes, if you get divorced, you would need to change your I751 to a divorce waiver.  Overall, not much you can do about anything right now other than to get the address change (AR-11) taken care of.  If you believe the relationship is repairable, focus on that, as if and when you have an interview, it will be tough proving a bonafide marriage if living separately.

 

Good Luck!

[Crazy Cat 41,771]

Personally, I would hire an attorney asap.  If you are filing late, you might already be in hot water....and you aren't living together as a couple.  How can you show that is a bona fide marriage?

Edited December 7, 2023 by Crazy Cat

[Boiler 45,434]

You are looking to remove conditions based on a good faith marriage but you are separated.

 

That does not really add up, confuses me and will no doubt confuse them.

[YellingSeal 0]

1 minute ago, Crazy Cat said:

Personally, I would hire an attorney asap.  If you are filing late, you might already be in hot water. 

I messed up, did not mean 30 days late but I'm 60 days before expiry instead of 90. I'm just thinking that people who applied at 90 days before expiry look better. 

Yes, we are separated because of marital issues.

 

6 minutes ago, Dashinka said:

Yes, if you get divorced, you would need to change your I751 to a divorce waiver.  Overall, not much you can do about anything right now other than to get the address change (AR-11) taken care of.  If you believe the relationship is repairable, focus on that, as if and when you have an interview, it will be tough proving a bonafide marriage if living separately.

 

Good Luck!

I did read about immigration basically assuming the couple is "working" on fixing the relationship if they are separated but not divorced though you can also apply while divorced.

[Crazy Cat 41,771]

2 minutes ago, YellingSeal said:

Yes, we are separated because of marital issues.

 

That could be a problem, imho.  I would be very careful if trying to submit a joint petition. 

Edited December 7, 2023 by Crazy Cat

[YellingSeal 0]

2 minutes ago, Boiler said:

You are looking to remove conditions based on a good faith marriage but you are separated.

 

That does not really add up, confuses me and will no doubt confuse them.

USCIS does have procedure for this exact situation. People can enter into good faith marriage and things don't end up working out. 

[Boiler 45,434]

2 minutes ago, YellingSeal said:

I did read about immigration basically assuming the couple is "working" on fixing the relationship if they are separated but not divorced though you can also apply while divorced.

News to me.

Just now, YellingSeal said:

USCIS does have procedure for this exact situation. People can enter into good faith marriage and things don't end up working out. 

Of course

 

It is called a Divorce Waiver.

[Dashinka 24,466]

Just now, YellingSeal said:

I messed up, did not mean 30 days late but I'm 60 days before expiry instead of 90. I'm just thinking that people who applied at 90 days before expiry look better. 

Yes, we are separated because of marital issues.

 

I did read about immigration basically assuming the couple is "working" on fixing the relationship if they are separated but not divorced though you can also apply while divorced.

As long as you file within the 90 day window you are fine if applying as a married couple (those that are divorced can submit the I751 anytime).  Since you are not divorced, or in process of divorcing, you can file as married, but as others have said, it will be a tough climb to prove a bonafide marriage if that is still the case at the interview.  The good news is it takes USCIS 2-4 years to process the I751, so make sure you file within your window, and then you can focus on your marriage and see where that goes.  If repaired, great, if a divorce, you can change the I751 to a divorce waiver.

 

Good Luck!

[Dashinka 24,466]

3 minutes ago, Crazy Cat said:

That could be a problem, imho.  I would be very careful if trying to submit a joint petition. 

Does he really have any options?  Not getting into the relationship aspect at this point as it is not really any of our business, but if he is still legally married and not in process of a divorce, he cannot file under a divorce waiver, and he needs to file in the next 60 days.

[Crazy Cat 41,771]

30 minutes ago, Dashinka said:

Does he really have any options?  Not getting into the relationship aspect at this point as it is not really any of our business, but if he is still legally married and not in process of a divorce, he cannot file under a divorce waiver, and he needs to file in the next 60 days.

Yep.  It's an "in-between" area in my mind....

[mindthegap 2,589]

46 minutes ago, Dashinka said:

Does he really have any options?  Not getting into the relationship aspect at this point as it is not really any of our business, but if he is still legally married and not in process of a divorce, he cannot file under a divorce waiver, and he needs to file in the next 60 days.

 

Nope. Married, or divorced. It's a binary choice as far as the filing is concerned.

Now, approval is a different matter, and thats where the shades of grey come in...

Edited December 7, 2023 by mindthegap