Does a marital separation (but not divorce) affect an I-751 application?
In May 2002 my then wife and I jointly filed our 751 because, at that time, we were still married and living together.
Several months later we separated, but neither of us were ready to divorce at that point. Therefore, when the time came for our second interview, we attended together.
The officer's first question was: "what are you doing here together?" He stated that since we were now separated, our original jointly filed 751 was no longer valid, and that he could, if he chose, deny our petition outright. However, after consulting with his supervisor, he told us that if we filed for a divorce and sent the final decree to him within 90 days, the case could move forward. At that time he refused to review our case any further, and did not look at any of the documentation we had brought, showing the marriage had been a bona fide one.
We complied with his instructions, and miraculously we did receive the final decree within three months. So I mailed it to him, and waited to be scheduled for the next interview that he told me I should attend alone. He stated this would be scheduled within two to three months after he received the decree, and at that time he would review all my documentation.
Seven months later - just the other day - I was shocked to receive a "Termination of Conditional Status" in the mail. It stated that because I had submitted a divorce decree, this rendered my original 751 invalid. Apparently I was supposed to file another 751 on receipt of my decree, this time applying for a waiver. He did not mention this at the time, stating that sending the divorce decree to him would be sufficient. I am understandably stunned, since all I was doing was following his exact instructions.
Anyway, my point is: did he have any right to refuse to review our case at the time of the second interview, just because we were separated? I stressed to him that when my wife and I had filed the original I-751 we were still living together as a married couple, but he stated that did not matter.
Did he make a mistake? Do I have reasonable grounds for an appeal here?
Oh my so many here have had the I-751 issue... Your case is different because your wife actually went to the second interview with you. We get mixed reactions and answers from people I must warn you for those who will reply. For some we think that you should have been approved right then and there because you both helped each other out. The argument could be made that you guys were working your issues out even though you live seperately. Since you were not divorced you could not have re-filed yet and this is where this document leaves us all in limbo land hell. On ther other hand, if the officer felt that you guys were no longer a couple he could not deny it because you guys made strong effort in going and supporting each other. He should have told that you had to re-file everything under a waiver as bona fide marriage along with your divorce decree. If he had to consult with your supervisor he might have been someone fairly unexperienced with cases like this and did not inform you the entire thing. Please keep us informed in your case.
Sorry to hear about that.... you were supposed to file I 751 waiver immediately once u got the divorce but the officer didn't tell u about anything .... how come officer got to know that u guys were separated coz you wrote in your post ...when u guys went for second interview ...officer asked you what were u guys doing together ? did you tell the officer in first interview ? was the officer same one who took your first interview ? and if you told the officer about the separation , why would he ask you question like this as he knew you both personally... why didn't he tell the same thing in first interview if you guys told him? Or may be your wife informed them about ongoing things .... there are so many I 751 posts ... browse around ... u will get lot of information ...good luck...Pasha
Posts: 3164 | Location: USA | Registered: 08-30-2003
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