USC spouse (a supportive one) wants to file for divorce after I-751 joint petition but before adjudication

[realsnafu 0]

Hi all, I'm a USC who got married to a foreign citizen 3 years ago. We have filed the I-751 joint petition to remove the conditions. We did the K-1 application, 485 AoS, and this I-751 all by ourselves.

 

Even though this a genuine marriage based on love, we have had many challenges living together as a couple and many differences are irreconciliable. I am very supportive of my spouse's continued legal permanent status in the country and do not want to jeopardize that in any way. Nevertheless I feel each week going onwards like this is a pure torture for both of us - it took a little while, I more than she, but we definitely realize we could be good friends but not a happily married couple. 

 

Knowing the current I-751 processing time is anywhere between 1 to 3 years is worrisome. How can we proceed with both saving our sanity and ensuring my spouse receive the permanent status that I fully agree that she should have? We have a well documented life together in the past 3 years so I'm confident USCIS should not see fraudulent filing in our case. But what should I/we do? Both of us are professionals in respectable industries with multiple post-graduate degrees - but life just doesn't happen the way the lengthy immigration process would want us to live. Can I file for divorce before the eventual adjudication? What do I or does she need to pay attention to?

 

Thanks all!

 

Edited November 29 by realsnafu
conciseness

[Boiler 45,756]

Your spouse needs to switch to a divorce waiver.

 

Good luck

[carmel34 3,646]

1 hour ago, realsnafu said:

Can I file for divorce before the eventual adjudication? What do I or does she need to pay attention to?

File for divorce now if that is your decision.  She should notify USCIS that she will change the pending I-751 to a divorce waiver, then follow up with the divorce decree.  The last thing you want is for her I-751 to be approved as submitted (joint filing) without an interview, then later it is discovered that the marriage was in trouble (or legally over) when the I-751 was approved..  This could jeopardize her LPR status at a later date, usually when applying for naturalization.

Edited November 29 by carmel34

[OldUser 7,005]

The best thing you can do is divorce ASAP if this is what you want.

 

Then you can provide evidence the marriage was bonafide and entered in good faith, just didn't work out.

 

You don't need to stay married for immigration, it's a bad idea.

Edited November 30 by OldUser