Do I need to be fully divorced to file i751 for the first time?

[rocanrol 1]

On a conditional green card that expires in Feb next year. My marriage is bonafide but we have had a lot of issues lately, and I don't think we work as a couple anymore. Lawyer I hired told me it's only possible to file I 751 for the first time with final divorce decree, although I see online that is possible to do with evidence that the proceedings have started, like a receipt from family court or similar. He advised me to file together, then divorce if I want.

 

I feel that I would deceive my spouse if I did this. I'd rather be honest. Any advice? Thanks. 

[Dashinka 24,543]

That is not true, but if you file requesting a divorce waiver without the divorce finalized, you will get an RFE for the final divorce decree which will trigger a 90 day response period.  Here is a page that explains it pretty good, but if the marriage is over, get the divorce moving and follow the path under Waiver When the Divorce is not Final.

 

Good Luck!

 

https://citizenpath.com/i-751-waiver-after-divorce/

[rocanrol 1]

37 minutes ago, Dashinka said:

That is not true, but if you file requesting a divorce waiver without the divorce finalized, you will get an RFE for the final divorce decree which will trigger a 90 day response period.  Here is a page that explains it pretty good, but if the marriage is over, get the divorce moving and follow the path under Waiver When the Divorce is not Final.

 

Good Luck!

 

https://citizenpath.com/i-751-waiver-after-divorce/

Thank you for your response. Two things caught my attention from the link you provided: to divorce I would need:

 

A copy of the divorce decree or annulment document that ended your marriage (f not available, include evidence that the divorce proceedings have started);

 

That sounds like good news.

 

and this other part: 

 

"Any statement made that suggests you were “at fault” in the divorce can have a negative effect on your case. If you believe the divorce was the result on your actions (e.g. adultery, abandonment, etc.), it’s even more important to seek advice from an experienced immigration attorney."

 

 

Would that mean that if I iniate the divorce, I'd be at fault? Thanks.

 

[Lyubov 117]

I initiated the divorce, and it was still a no fault divorce. “At fault” means one spouse accuses the other of certain actions, i.e. adultery etc, that caused the marriage to fail. Also, I understand every case is different, but they sent me an RFE asking for the final divorce decree after 2 years of waiting. So, hopefully you’ll have enough time to finalize it. 
I got approved without an interview, as there were no red flags. 
I wish you the best of luck - and a lot of patience. It’s a long and nerve wrecking process 

[OldUser 6,775]

1 hour ago, Lyubov said:

I initiated the divorce, and it was still a no fault divorce. “At fault” means one spouse accuses the other of certain actions, i.e. adultery etc, that caused the marriage to fail. Also, I understand every case is different, but they sent me an RFE asking for the final divorce decree after 2 years of waiting. So, hopefully you’ll have enough time to finalize it. 
I got approved without an interview, as there were no red flags. 
I wish you the best of luck - and a lot of patience. It’s a long and nerve wrecking process 

Some states don't even have fault divorce. For example, California. 

 

@rocanrol which state are you filing divorce in?

 

[rocanrol 1]

3 hours ago, OldUser said:

Some states don't even have fault divorce. For example, California. 

 

@rocanrol which state are you filing divorce in?

 

I'm still thinking about it, but NY State. It seems there is a no fault divorce option here, according to Google.  

 

Thanks for everyone's responses so far.