ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 14

Thread: I-751 and seperation

  1. #1
    I am interested in hiring an immigration lawyer to assist me with the final steps in my immigration to the USA. I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition (as current immigration law requires) to remove the conditions on my greencard.

    At this point it appears (after much research ) that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file single.
    Does anyone have any advice or thoughts on the situation? Anything would be appreciated.

  2. #2
    I am interested in hiring an immigration lawyer to assist me with the final steps in my immigration to the USA. I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition (as current immigration law requires) to remove the conditions on my greencard.

    At this point it appears (after much research ) that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file single.
    Does anyone have any advice or thoughts on the situation? Anything would be appreciated.

  3. #3
    If you look at the instructions on the application, there is a section where you can state that you entered the marriage in good faith, but the marriage has ended, etc. You may want to at least consult with an attorney, and call the USCIS 1800 number to get a free opinion, although I have been told that they give different answers all the time, wasnt the case for me, but get their answer, and compare notes when you call an attorney for a free consultation.

  4. #4
    In Other Words!!! FRAUDDDDDDDDDD!!!
    From The Start!!! Games!!!

    Geee! Where are my manners? Welcome To ILW.

    However, Thee authorities have Been on a coffee break for Approx. 10 years. welcome new person of planning and deceit!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  5. #5
    Thanks for the input!
    I have scheduled a consult with an immigration attorney for tomorrow and am looking into flying my husband here for the interview. He is such a great guy and is just so good to me. Its a shame we couldn't make the marriage work.
    In the meantime I'd better start researching I-751 interviews and get prepared, as it is coming up VERY soon.
    Thanks for everything

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ssconway:
    I am interested in hiring an immigration lawyer to assist me with the final steps in my immigration to the USA. I currently have my conditional greencard, which was obtained through my marriage to a US citizen (I am from Canada). I have already sent my I-751 and my interview is in 3 weeks. My husband and I are separated, but not divorced, so I filed a joint petition (as current immigration law requires) to remove the conditions on my greencard.

    At this point it appears (after much research ) that I have 2 options: 1) go to the interview in 3 weeks with my husband (he lives very far from me, but is willing to drive the 15 hours if he has to), or 2) withdraw the joint petition, get divorced and then file single.
    Does anyone have any advice or thoughts on the situation? Anything would be appreciated. </div></BLOCKQUOTE>



    Hello SS

    Save the money for the airfare.

    How long did the marriage last after you received the conditonal greencard?

    How long have you been seperated?

    This memo is applicable to your situation.


    This is USCIS memo released 12/27/2004

    December 27, 2004
    NSC Flash #6-2005
    The Effect of Separation/Divorce on Pending I-751 Petitions to
    Remove the Conditions on Residence


    The effect of separation and/or divorce on the filing and adjudication of I-751 petitions is
    described below according to the various scenarios that exist.
    " "
    "
    If the petitioner and beneficiary are divorced at the time the I-751 should be filed, the
    beneficiary should file the I-751 (only s/he needs to sign) and mark "d" in Part 2.


    <span class="ev_code_red">If the petitioner and beneficiary filed an I-751 petition jointly but
    ‰ separate before a decision is made on the I-751, the beneficiary should notify the NSC
    that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-
    2521. The case will then be relocated to the local district office for an interview.</span>

    ‰ get divorced while the petition is pending, the beneficiary should file a new I-751 petition
    with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also
    request that the Service withdraw the first petition.
    If the petitioner and beneficiary are separated at the time the I-751 should be filed, the
    beneficiary should file the I-751 and mark "d" in Part 2. The NSC will relocate the case to the
    local office for an interview.

    ‰ If the petitioner and beneficiary are separated at the time the I-751 should be filed and
    the beneficiary files an I-751 as instructed above but the divorce becomes final while the
    I-751 is still pending, the beneficiary should file a new I-751 petition with fee (only s/he
    needs to sign), marking "d" in Part 2. The beneficiary should also request that the
    Service withdraw the first petition.
    Petitioner and beneficiaries are reminded that required supporting documentation must
    accompany any petition.


    <span class="ev_code_RED">The very fact that you are being called for an interview indicates that you are under the microscope. Depending on how you answer the three questions that I asked will determine your course of action. As it stands now, expect to be denied at the interview.</span>

  7. #7
    Thanks for the reply, although it makes me ill to see the reality of my situation. As it stands, my husband will fly to Kansas for the interview in two weeks.

    I received my conditional greencard in May of 2007, and we separated June of 2008.

    Not that it matters but we have been together since 2001, engaged in 2004 and married in march of 2005. I am kicking my self for taking so long to file my original 485.

    We were already separated when I filed my 751 and was 100% honest with USCIS about my situation. It sickens me that telling the truth is apparently a mistake in this situation.

    I have read the memo you posted, as well as the 2 previous ones on this situation &I feel I can prove that our marriage was in good faith.....

    More feedback, ideas please......

  8. #8
    Are you legally separated? What state do you reside in?<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ssconway:
    Thanks for the reply, although it makes me ill to see the reality of my situation. As it stands, my husband will fly to Kansas for the interview in two weeks.

    I received my conditional greencard in May of 2007, and we separated June of 2008.

    Not that it matters but we have been together since 2001, engaged in 2004 and married in march of 2005. I am kicking my self for taking so long to file my original 485.

    We were already separated when I filed my 751 and was 100% honest with USCIS about my situation. It sickens me that telling the truth is apparently a mistake in this situation.

    I have read the memo you posted, as well as the 2 previous ones on this situation &I feel I can prove that our marriage was in good faith.....

    More feedback, ideas please...... </div></BLOCKQUOTE>

  9. #9
    My husband and I met and married in Florida; he still lives there - I moved to Kansas last year. I know I sound completely clueless, but I havent even looked into whether it's a legal separation or not. I know that we will probably divorce very soon, regardless of the outcome.
    Why do you ask? Would that even make a difference? I'd still fall in that odd category of not really married (and able to file a happy, simple joint I-751), but not divorced (and therefore able to file for a waiver)
    Oh, and again, much thanks to all of you that are taking the time to read this.

  10. #10
    Hello ssconway

    Sadly, your timeline could have saved you all of this. It appears that you were very close to being married for two years already when you had your interview for the conditional card

    If you were married two years when you had the interview, you would have received the 10yrs card. Looks like you were just short by a couple of months.

    Flying him in is just a waste of time and money unless you will be claiming to have been reconciled or that you are still together and he is working out of state. It appears that you should have consulted an immigration attorney before leaping forward into filing. It is not too late to consult an attorney because you have not had the interview yet. I strongly suggest that you do a consultation.


    You are not able to file a waiver until the divorce is final. YOu have not even filed for divorce yet. There is not a question about your bonafide marriage. You are in an awkward position right now if you get denied. Your status will be terminated until such time that your divorce is final and can file the waiver. You will also go into removal proceedings at some point if the divorce takes too long. This will not be a problem, because the proceedings will terminate once you get the final decree and file the waiver.

Similar Threads

  1. I-130 and legal seperation
    By David Porter in forum Immigration Discussion
    Replies: 7
    Last Post: 12-11-2005, 10:06 PM
  2. Replies: 8
    Last Post: 12-23-2004, 09:50 AM
  3. Replies: 11
    Last Post: 06-18-2004, 02:46 PM
  4. Replies: 23
    Last Post: 04-07-2004, 08:12 PM
  5. seperation
    By Triniman in forum Immigration Discussion
    Replies: 4
    Last Post: 03-29-2004, 02:49 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: