ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

RSS feed

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Seminars

CLE Workshops

Immigration books

Classifieds

Advertise

VIP Lawyer Network

EB-5

High Net Worth

Custom Content

Dubai Events

Find HNW People

Custom Events

Custom Services

Professional Services

About ILW.COM

Connect to us

Careers

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 



ilw.com VIP


The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-2014
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: Filing I-751, separated but not divorced

  1. #1
    Hey everyone, I've read a lot of posts about filing the I-751 form. I would really appreciate any useful feed back on my specific situation. Here's whats going on...

    I'm a USC currently in a relationship with A CPR who needs to file the I-751 to remove conditions. He's currently separated from his soon to be ex wife. We've been living together for 6-7 months and we'll be having a child in June 09. We wanted to get married but his ex keeps saying she'll sign the divorce and dissolution papers then saying she won't. She does not want to sign the joint petition or cooperate at all, so we're going to file the waiver, but he is not divorced yet and his green card expires in may of 09. Should he wait till the divorce is finial(even if its after the GC expires) and just ask them to excuse the late filing due to the divorce or should we file the waiver now and send in a certified letter from the court saying the divorce is in proceedings and we'll send the divorce decree in after ASAP? What are the chance of him being approved and if not what else can we do.

    Oh and here is everything we're planing on sending in when we file the I-751

    A cover letter
    A notarized Personal Declaration of the relationship from start to finish
    3 affidavits from friends and family
    Copy of his green card (front and back)
    Copy Marriage Certificate
    Copy Car registration (showing joint ownership)
    Copy of Another car registration in his name showing same address
    Copy Car insurance cards with both their names on it
    Copy Payment statement for the car in his name address to both of them(she was the co signer)
    Copy Temporary Tag registration in both their names
    Copy Traffic crash report showing him as the motorist and her as the car owner
    Copy Letters and cards addressed to both of them
    Copy Receipts with both their names on it
    Copy Tax forms for gambling winning he got while on vacation with her and her mother in Vegas
    Copy Zoo pass with both their names on it
    Copy 2007 taxes filed together
    A Certified letter/statement from out local courthouse showing for the divorce

    That's everything he managed to get after she threw all his stuff out. Hopefully it'll be enough

    Any info or advice would be great, thanks.

  2. #2
    Hey everyone, I've read a lot of posts about filing the I-751 form. I would really appreciate any useful feed back on my specific situation. Here's whats going on...

    I'm a USC currently in a relationship with A CPR who needs to file the I-751 to remove conditions. He's currently separated from his soon to be ex wife. We've been living together for 6-7 months and we'll be having a child in June 09. We wanted to get married but his ex keeps saying she'll sign the divorce and dissolution papers then saying she won't. She does not want to sign the joint petition or cooperate at all, so we're going to file the waiver, but he is not divorced yet and his green card expires in may of 09. Should he wait till the divorce is finial(even if its after the GC expires) and just ask them to excuse the late filing due to the divorce or should we file the waiver now and send in a certified letter from the court saying the divorce is in proceedings and we'll send the divorce decree in after ASAP? What are the chance of him being approved and if not what else can we do.

    Oh and here is everything we're planing on sending in when we file the I-751

    A cover letter
    A notarized Personal Declaration of the relationship from start to finish
    3 affidavits from friends and family
    Copy of his green card (front and back)
    Copy Marriage Certificate
    Copy Car registration (showing joint ownership)
    Copy of Another car registration in his name showing same address
    Copy Car insurance cards with both their names on it
    Copy Payment statement for the car in his name address to both of them(she was the co signer)
    Copy Temporary Tag registration in both their names
    Copy Traffic crash report showing him as the motorist and her as the car owner
    Copy Letters and cards addressed to both of them
    Copy Receipts with both their names on it
    Copy Tax forms for gambling winning he got while on vacation with her and her mother in Vegas
    Copy Zoo pass with both their names on it
    Copy 2007 taxes filed together
    A Certified letter/statement from out local courthouse showing for the divorce

    That's everything he managed to get after she threw all his stuff out. Hopefully it'll be enough

    Any info or advice would be great, thanks.

  3. #3
    Hello and welcome to the forum

    As you should know from reading, he cannot file the 751 waiver until he has a final divorce decree in hand to send with the application.

    He will be filing waiver using good faith marriage that ended in divorce.

    He is not eligible to file a joint petition with the usc spouse because he is seperated from her and a divorce has been filed.

    Hopefully he can get the divorce finalized before the green card expires.

    check with a divorce attorney on getting this done.

    What state is the divorce filed in?

  4. #4

  5. #5
    Hello ak


    why has the wife not made up her mind? Is it that she does not want a divorce and wants to reconcile, or are there fianancial matters that cannot be agreed on?


    Has he been seperated for 1 yr or more from her>


    If so, then he can pursue a divorce using fault to seek the divorce.

    If she will not cooperate in the dissolution which would be clean and quicker, then he will have to go the alternate route of fault divorce.

  6. #6
    She has made her mind up she just keeps playing games just b/c she knows his situation, when we gave her the dissolution papers she said she would sign it, but thats been almost 2 months now, and no I don't think it's b/c she want to reconcile. And there was something about the marital debt she had problems with, but in the dissolution papers, we put that he would be taking care of it. And they've been separated now going on 9 months.

    Do you know how long the divorce (in ohio) will take if we did it ourselves vs. getting an attoney?

  7. #7
    If he has been seperated for 1 yr or more, he can use the fault divorce to pursue.

    I recommend that you use an attorney unless you are just going thru with the dissolution.

    Best thing is the dissolution. Throw her some money and satifaction with the marital bills upfront, not lip service. Have her sign the papers and move forward. Save the money on both sides.

  8. #8
    Short and Simple!

    You can NOT file for a waiver until the divorce is final,PERIOD!

    When you file for a waiver on the I-751,you mark the section that says with waiver,but it also says "you have been divorced"

    So when you mark the section waiver,and sent the application and you are not divorced yet.
    You application will be considered invalid and untruthful and incorrect.
    Because you can not file for a waiver saying you are divorced and you are not.
    You have to be divorced in order to file for a waiver,not other way around.
    You also need to include when you sent the waiver,the Divorce Decree.

    The conditional resident can have a child from Hillary Clinton, but it won;t matter one bit,as long has he is a conditional resident,he status is ONLY based on his original marriage.And his/her waiver will be ONLY based on the original marriage.

    Don;t be too confused, a conditional resident can have 10 kids by 10 different americans,it won't change the fact or help for him/her to stay here.

    His I-751 application,waiver or not - is ONLY based on his original marriage,divorced or not!

    But in order to file for a waiver,you MUST be divorced first and have the divorce decree included in the waiver!

    Good Luck -

    ps: this not an opinion,its a fact! Read the I-751 application carefully!!!

Similar Threads

  1. Filed JOINT I-751, separated, about to file for a divorce
    By NewYorker in forum Immigration Discussion
    Replies: 27
    Last Post: 11-22-2008, 12:47 PM
  2. I-751 application when divorced
    By gatom55 in forum Immigration Discussion
    Replies: 5
    Last Post: 02-20-2008, 02:53 PM
  3. Please Help!!! Filing N-400 while separated
    By andrew in forum Immigration Discussion
    Replies: 3
    Last Post: 11-26-2003, 11:21 PM
  4. Replies: 14
    Last Post: 10-02-2003, 05:53 PM
  5. Anyone seperated/divorced AFTER I-751 filed?
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 11-12-2002, 07:55 AM

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: