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Thread: To be divorced soon & I-751 to file by the end of March/2006

  1. #1
    Hi, everyone.

    I need advices regarding my I-751 filing without joint filing.

    I decided to divorce my husband within a few months. The reason for divorce is that He and I have completely different view of our future together and he lost my trust completely in financial manner. We have been together since 2000. We marreid in August, 2003. I was grated on conditional PR in April of 2004. The removal of conditional PR is to be filed by March of 2006.

    I have evidiential supports to prove that we entered the marriage in good faith.
    - 2 years of joint tax return
    - health insurance (as he is my dependant)
    - he is my beneficiary of my life insurance
    - letter from my soon-to-be former husband to request immiration officer to grant my PR.
    - letter from my manager stating to support me.
    - joint checking account (closed though)
    - joint saving account

    Do you think that I have a chance to be approved when I file removal of conditional PR?

  2. #2
    Hi, everyone.

    I need advices regarding my I-751 filing without joint filing.

    I decided to divorce my husband within a few months. The reason for divorce is that He and I have completely different view of our future together and he lost my trust completely in financial manner. We have been together since 2000. We marreid in August, 2003. I was grated on conditional PR in April of 2004. The removal of conditional PR is to be filed by March of 2006.

    I have evidiential supports to prove that we entered the marriage in good faith.
    - 2 years of joint tax return
    - health insurance (as he is my dependant)
    - he is my beneficiary of my life insurance
    - letter from my soon-to-be former husband to request immiration officer to grant my PR.
    - letter from my manager stating to support me.
    - joint checking account (closed though)
    - joint saving account

    Do you think that I have a chance to be approved when I file removal of conditional PR?

  3. #3
    Do you have joint bank statesments, bills to a common address and a lease or deed showing you two had a joint living place?

    I think these additionals may make it more likely to get approved faster.

    About the divorce, maybe you can wait until your conditions are removed.Will he write a letter supporting that USCIS removes your conditions?

    By the way, how come you have 'been together' since 2000, married in Aug 2003 and then you just noticed that 'He and I have completely different view of our future together and he lost my trust completely in financial manner'.

    Did you not have 3 years to see this before marriage?

  4. #4
    Thank you for your advice, JohnDoe. Yes, we do have auto insurance bill with our joint living place.
    Regarding your comments, please understand that view of future can be changed when you grow out of college life and get a real job. In my case, I entered in the middle of huge carrer achievement during our marraige and he couldn't agree on it. Hope, you understand...

    Hey, JohnDoe, I have a question. In New York State, there is separation agreement like "no-fault" divorce. If my husband and I submit separation agreement, can I do joint-filing for I-751?
    Please Advice.

  5. #5
    Hello Moes Sis

    How sad to read that you have chosen to divorce your husband on such immature & trivial merits as this. Surely this could not have been a real marriage, as there are counselors for superficial problems like this 2 be worked out in a marriage. Now I aint saying you a golddigger but did you put in your vows "til death do us part" or til I outgrow you"

    What a shame. What a waste of time of 5 yrs.
    Didn't you have a Dream or did you not just have a conception of what marriage is. The real marriage is forever. You dont need money just each other. You take the good with the bad, and you will get thru anything.

    The card is not always greener on the other side...oops I meant grass

    hmm...Tell me something. If I told you that there is not much chance for approval for removal of conditons... would you put off divorcing him until it was sure thing approved???

    Now Im sorry to gave u my 50 cents & soap opera on this , but I sincerly mean it that you should take long look at this serious decision that would impact 2 peoples lives over a few coins.

    The answer to your question is NO. Seperation agreement and Divorce not the same. Divorce must be final B4 you can even file a waiver. I believe New York has a seperation period before a divorce can be granted. If you need immediate divorce, options: move to no fault divorce state and establish residency and file simplified dissoultion. such as Nevada and florida.



    Still Baby..dont be mad on me.

  6. #6
    Hi, 4now.

    Thank you for your advice. So, what you saied was that I could file jointly as long as my divorce is not finalized. NOT only I didn't see what marriage would be, but also he didn't. So, we like to do separation agreement instead of divorce. What would be the chance of approval and what can I do if my PR is denied? Thank you in advance for your answewr.

  7. #7
    This copy of USCIS newsflash should clear up any questions. You can find this on USCIS website.

    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.

    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.

    ‰ 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"ť 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.

  8. #8
    Now forget seperation agreement in liu of divorce. It is not the same thing in any shape or form. Seperation agreement simply defines conditions that you and your husband are in agreement on. If you file joint and then seperate and file the waiver, then you have two fees for application to pay. Do the math.

    What to do if PR is denied?

    go home as the USCIS will instruct you.

    Find someone else to marry

    apply for H visa work


    Dont be foolish Moes sister.. you came this far, stick around for another year or so and get the grand prize citizenship. Try marriage counseling in that time and see how patience will pay off.

    Penny wise and pound foolish

  9. #9
    4now, why would I be mad? You've been so helpful and thorough.

  10. #10
    My friend is going to file I751...with wife...
    however, the wife told the US spouse...that´
    if we have to go to an interview, I am not
    going, you can go by yourself! THen she said
    something like....you can tell them I just
    disappeared somewhere.....or I can just leave...
    this seems really dumb to me.....but it seems
    that alot if dumb at this point.... if the LPR spouse abandons the I751 petition...wouldn´t
    status be abandonded_ there is a divorce coming
    up he tells me...with his wife....
    so, we are both wondering what the plan is...
    does alien spouse ¨have an alternate planÑ_¨

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