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  • i-751 and separation

    Ok, so my wife left me. We filed our I-751 jointly in September. I had my biometrics appointment in October. She moved out in December. I have not even been thinking about this whole thing, as I have been trying to just get my head straight and figure out how I am not going to crumble into manic depression. I only just realized that it is tax time and now we live at different addresses. I believe I am supposed to write a letter to the CIS informing them of our separation, correct? I guess my question is if this applies to legal separation only. We have not filed any legal documents changing the state of our marriage. We just live in different parts of the city. I am very worried about this because a few months have passed since she moved and i am worried it will affect my case. And, given the stress of my dissolved marriage, that is the last thing I want to worry about. Any advice would be most appreciated. Thanks in advance.

  • #2
    Ok, so my wife left me. We filed our I-751 jointly in September. I had my biometrics appointment in October. She moved out in December. I have not even been thinking about this whole thing, as I have been trying to just get my head straight and figure out how I am not going to crumble into manic depression. I only just realized that it is tax time and now we live at different addresses. I believe I am supposed to write a letter to the CIS informing them of our separation, correct? I guess my question is if this applies to legal separation only. We have not filed any legal documents changing the state of our marriage. We just live in different parts of the city. I am very worried about this because a few months have passed since she moved and i am worried it will affect my case. And, given the stress of my dissolved marriage, that is the last thing I want to worry about. Any advice would be most appreciated. Thanks in advance.

    Comment


    • #3
      Is the marriage over, or is it a trial seperation? You say she left in December, that means that you could file jointly as u were together the year of 2006, if she is ok with it, and not wishing to file seperately. And if u can prove that the marriage "real"... for the time you were together. If you applied in September and seperated in December something big must have happened in the meantime. Any chance of repairing the damage. A intact marriage makes the process a lot easier.

      Comment


      • #4
        The separation was very sudden. One day, I came home from class and she said we needed to talk. This was in mid-October. She said she didn't love me anymore and that it was over. I pleaded with her to go to counseling with me, but she refused. She said she'd do what she had to to help me with my green card, but that our marriage was done. I first thought it would be best for us to stay living together, but I couldn't take it mentally--hearing her talk on the phone to her new boyfriend, etc. She moved in with him in Dec. Sadly, the damage is irreparable and I am left trying to rebuild my life.

        Comment


        • #5
          IF:

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">She said she'd do what she had to to help me with my green card... </div></BLOCKQUOTE>

          THEN:

          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I am very worried about this because a few months have passed since she moved and i am worried it will affect my case. And, given the stress of my dissolved marriage, that is the last thing I want to worry about. </div></BLOCKQUOTE>

          Comment


          • #6
            What is your status? Did you enter the country legally?

            Comment


            • #7
              Guys,do you even read what he said,before asking questions he already answered in his first post? ? ? lol

              Alright, you already filed joinlty for the I-751,and you guys are still married.So...I would wait untill the divorce is official and finalized.No need to contact INS before it won;t make any difference.And if you are lucky,you might get the conditional removed before the divorce is finalized,meaning you won't have to worry about one tiny thingm, nor do you have to contact INS.

              Bottom line,you do nothing right now..no need and no reason and it won't make any difference contacting INS because they will tell you what I am telling you "file a new I-751 (waiver) ONLY when the divorce is Finale,with proof of it.

              Wait for now,no worries...and if the divorce is final before the conditional is removed,You MUST sent them a brand new I-751 application,where u cross the part "entered in good faith,but ended in divorce" meaning its waiver for filing alone.And U add a cover letter explaining what happended,thats it.

              But you can only do that when the divorce is final,meaning you have to sent with your new I-751 application a certified de- of divorce.

              Did you sent in your jointly filed application all the supporting evidence and all? I mean everything???

              Here is the bottom line,if the marriage was real and you guys truly got married because of love and not for scaming the system,you'll be out of trouble.
              Will your wife or future ex wife vouch for you? if you would ask her?

              Comment


              • #8
                i realise what it is ur saying HB, however, what would happen if he would get called in for an interview as a previous person not in the distant past has said on here. She is being called in for an interview on 20th feb, remember? If he gets called in for an interview and then says.... oh forgot to tell u... were seperated???? what happens then?????? This opens a whole new situation doesnt it. I realise there will be a lot of water flowing under the bridge before any divorce is finalised.. if at all it goes that far.... But immigration has its own special reasoning too as we all know. I think i would make sure I had all my ts crossed and my i's dotted on this one.

                Comment


                • #9
                  i do agree providing the marriage is real or in this case was real... where are the problems??? Just I think when is the right time to tell the immigration service???? how much does the waiver cost? and where is the best place to find info about it?? thanks. : )

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by toddish:
                    Ok, so my wife left me. We filed our I-751 jointly in September. I had my biometrics appointment in October. She moved out in December. I have not even been thinking about this whole thing, as I have been trying to just get my head straight and figure out how I am not going to crumble into manic depression. I only just realized that it is tax time and now we live at different addresses. I believe I am supposed to write a letter to the CIS informing them of our separation, correct? I guess my question is if this applies to legal separation only. We have not filed any legal documents changing the state of our marriage. We just live in different parts of the city. I am very worried about this because a few months have passed since she moved and i am worried it will affect my case. And, given the stress of my dissolved marriage, that is the last thing I want to worry about. Any advice would be most appreciated. Thanks in advance. </div></BLOCKQUOTE>
                    Taxes: Technically, you can still file jointly b/c you are still married, if there is an agreement. If not, then you would each file married filing separately unless either one qualifies for the head of household status. If you live in a community property state, you may each be required to include half of each other's community income and withholding.

                    2. I would immediately file separation agreement/divorce papers in your state citing infidelity as the cause. Your legal aid at your school would help. If there is a joint agreement to part, then the process would not be expensive and time consuming. There may be school counseling available if there is a psychology department and the university is large enough. There may also be some free help from a county assistance program or from clergy.

                    3. Remember, she left you for whatever reason and that the separation was not initiated by you. This is in your favor. You just have to show you entered the marriage in full faith.

                    4. When your wife talked to you in October, did she give any specific reason other than "the marriage is over?
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
                      What is your status? Did you enter the country legally? </div></BLOCKQUOTE>
                      Proud,
                      If they are filing for the I-751, Removal of conditional status, he entered the country legally. He either entered on the K1 or was here on a previous visa, like a student visa, and went through the process for the adjustment of status. The removal of conditions is required if the marriage is less than 2 years when applying for the adjustment of status, generally.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                      Comment


                      • #12
                        Okay,
                        here is the truth and the deal.
                        I also filed for I-751 alone as a divorced person.

                        A waiver sounds always like a seperate sheet or a seperate application and alot of people make it sound like,its something different.

                        You still file the same piece of paper application called "I-751" the only thing,someone that is not married anymore crosses the part out where it says "married in good faith,but ended in divorce"
                        The word waiver only stands for "waivering to file the application alone and not jointly,due to divorce" thats it...
                        The cost is he exac same,no difference.

                        I also filed my taxes with my wife during the divorce since you are still married and YOU have to do by law anyways...and it safes you$$$

                        Even if you guys aren't married anymore you guys still can file for taxes together for the time you have been married,thats what i did with my ex wife.

                        I got divorced in July,so this year we filed all our incomes for 7 months jointly,since we were married,and for the rest of the 5 months seperatly.Its easy and simpple...
                        I went to H&R Block.

                        NTFD, you are somewhat right if they are being called for an interview.But I assumed,if there is no interview and he just gets his greencard mailed before the divorce is finale,then he'd have nothing to worry about and all.

                        But either way, my question was,would his wife still vouch for him,in case they doubt the marriage was real.Affadavits from ex spouses family members are very important in case of divorce,not just friends (friends are usually seen by INS as favors and r not always considered as big deal) my attorney told me that,which INS will never tell you though.

                        ANyways good luck

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                          Okay,
                          here is the truth and the deal.
                          I also filed for I-751 alone as a divorced person.

                          A waiver sounds always like a seperate sheet or a seperate application and alot of people make it sound like,its something different.

                          You still file the same piece of paper application called "I-751" the only thing,someone that is not married anymore crosses the part out where it says "married in good faith,but ended in divorce"
                          The word waiver only stands for "waivering to file the application alone and not jointly,due to divorce" thats it...
                          The cost is he exac same,no difference.

                          I also filed my taxes with my wife during the divorce since you are still married and YOU have to do by law anyways...and it safes you$$$

                          Even if you guys aren't married anymore you guys still can file for taxes together for the time you have been married,thats what i did with my ex wife.

                          I got divorced in July,so this year we filed all our incomes for 7 months jointly,since we were married,and for the rest of the 5 months seperatly.Its easy and simpple...
                          I went to H&R Block.

                          NTFD, you are somewhat right if they are being called for an interview.But I assumed,if there is no interview and he just gets his greencard mailed before the divorce is finale,then he'd have nothing to worry about and all.

                          But either way, my question was,would his wife still vouch for him,in case they doubt the marriage was real.Affadavits from ex spouses family members are very important in case of divorce,not just friends (friends are usually seen by INS as favors and r not always considered as big deal) my attorney told me that,which INS will never tell you though.

                          ANyways good luck </div></BLOCKQUOTE>
                          HK,
                          Sorry, but you are wrong about the taxes. First and foremost, there is no law requiring you to file jointly if you are married. It is a choice. However, if you file separately, which is the worst filing status, then you lose most of the deductions and credits automatically, more susceptible to AMT, may be required to itemize if you spouse did, and so forth. And either spouse can file head of household if that person meets certain conditions to be considered unmarried. If you are married by the end of the year, then you are considered married the entire year. If you are single (divorced) by the end of the year, then you are considered single the entire year.
                          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dmartmar:
                            IF:

                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">She said she'd do what she had to to help me with my green card... </div></BLOCKQUOTE>

                            THEN:

                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I am very worried about this because a few months have passed since she moved and i am worried it will affect my case. And, given the stress of my dissolved marriage, that is the last thing I want to worry about. </div></BLOCKQUOTE> </div></BLOCKQUOTE>

                            I'm sorry, I don't quite understand what this is supposed to mean?

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hudson:
                              2. I would immediately file separation agreement/divorce papers in your state citing infidelity as the cause. Your legal aid at your school would help. If there is a joint agreement to part, then the process would not be expensive and time consuming. There may be school counseling available if there is a psychology department and the university is large enough. There may also be some free help from a county assistance program or from clergy.

                              ...

                              When your wife talked to you in October, did she give any specific reason other than "the marriage is over? </div></BLOCKQUOTE>


                              Infidelity isn't really the reason she left me, or so she says. I highly doubt she would agree to divorce/separation based on those grounds. It is complicated. The reasons she gave me were basically that she didn't love me anymore and that certain things about me she thought she could change were just staying the same. Then I found out a few weeks later after some more discussions that she had fallen in love with someone else and as soon as she told me we were done, she began pursuing him. They now live together.

                              Also, I honestly do not have the money and can not get the money to file divorce/separation proceedings now. What with the settling of finances when she moved out in December, things are more than tight. It will have to wait a couple of months at least. But, that said, it seems that filing for legal separation/divorce asap and then re-filing an i-751 is the best way to go?

                              To answer another poster's question: I spoke to her and she will certainly vouch for me if I need to have an interview, and will explain the situation and how our marriage was entered into in good faith (better faith on my end, I suppose).

                              Thanks everyone for the help and advice. It has been a very difficult time and just when I was starting to look ahead with a little bit of optimism, reality hit and I have another difficult situation to face. I really appreciate everyone's taking the time to try to help.

                              Comment

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