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Thread: I-751 Filed Jointly, Divorce planned, ?

  1. #1
    March 4th, 2007, my wife and I filed I-751 to have the conditions removed. In June, I got promoted and moved to Chicago and she finished medical school and moved to New Jersey. In July, we got separated and now we are talking about divorce. We will for sure file divorce in the next few months, we married in good faith (4years) but decided to get divorced now.
    Should we wait until we hear back about the greencard and/or interview or should we start the divorce progress , but then i have to refile i-751 with a waiver and then i have to wait even longer. If we wait and don't file divorce, is it ok to go infront of an office and tell them that we are separated...
    I am so confues.

  2. #2
    March 4th, 2007, my wife and I filed I-751 to have the conditions removed. In June, I got promoted and moved to Chicago and she finished medical school and moved to New Jersey. In July, we got separated and now we are talking about divorce. We will for sure file divorce in the next few months, we married in good faith (4years) but decided to get divorced now.
    Should we wait until we hear back about the greencard and/or interview or should we start the divorce progress , but then i have to refile i-751 with a waiver and then i have to wait even longer. If we wait and don't file divorce, is it ok to go infront of an office and tell them that we are separated...
    I am so confues.

  3. #3
    hi Sheridan


    I was looking for the memo , but it is in my other computer. It says that you should notify them of seperation/divorce and that you will have to file the 751 waiver too remove conditons. Waiver on bonafide marriage with the same evidences that you submitted for the joint.

    My advice is leave things as they are for right now and file the divorce. Maybe divorce will be final before joint petition is approved. that way you will be able to withdraw the joint and submit the 751 waiver. (The divorce has to be final before you can submit the waiver and the final decree enclosed as evidence.

    dont try to pull off that you are together /living together. You are no longer eligible for the joint approval. and if you get approved and then divorced... you will be found out later.

  4. #4
    Lets say , I apply for divorce in the next couple of weeks, and I get invited to the interview before my divorce is final. My wife would go with me to the interview. We will tell them that we filed for divorce. At that time, I should be fine , right?

    2nd scenario: I get divorced before I receive the actual greencard. Let's say i get divorced December 1st and a week later i refile i 751 with the waiver. Will my paperwork start from zero, etc....

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sheridan:
    Lets say , I apply for divorce in the next couple of weeks, and I get invited to the interview before my divorce is final. My wife would go with me to the interview. We will tell them that we filed for divorce. At that time, I should be fine , right?

    2nd scenario: I get divorced before I receive the actual greencard. Let's say i get divorced December 1st and a week later i refile i 751 with the waiver. Will my paperwork start from zero, etc.... </div></BLOCKQUOTE>



    1st scenario, they will probably 95% deny your case unless you walk in there with a lawyer who knows about a couple of rulings that would allow that, b/c technically you are still married at time of interview, but this was before that memo came out and clarified the situation about seperation.

    2nd scenario

    Why wait a week... have everything ready for the minute you get final decree in hand. Submit waiver and you will recieve notification with green card extension for 1 year and stamp in passport. the waiver will be joined with your file reviewed and most likely scheduled with interview at local office. Timeframe.... I dont know.

    I know you filed in march, but where and what service center did you file 751 at? you can do math homework and check processing time of service center to get idea when this file will be adjudicated. then check your state where you will file divorce and check timeframes. You should be able to figure this out and work it to your advantage.

  6. #6
    I need to know for knowledge what is separation?
    If you two not living under the same roof means separation or u need to file for separation?

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:


    dont try to pull off that you are together /living together. You are no longer eligible for the joint approval. and if you get approved and then divorced... you will be found out later. </div></BLOCKQUOTE>

    This is not quite correct. An alien can jointly file the I-751 with the USC even if they are living separately. There's no proviso in the INA that prohibits approval if the parties are heading towards divorce.

  8. #8
    My darling Swissnut ! How are you? I have missed you. Remember that night together on the beach? Mmmmmm I always think of that.

    Actually you are wrong little swissy; if the applicant lies on the I-751 it does create a problem.

    But never mind the monkey's problems; how are you? When are we going to make love again?

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
    My darling Swissnut ! How are you? I have missed you. Remember that night together on the beach? Mmmmmm I always think of that.

    Actually you are wrong little swissy; if the applicant lies on the I-751 it does create a problem.

    But never mind the monkey's problems; how are you? When are we going to make love again? </div></BLOCKQUOTE>

    How is the mere filing of a joint I-751 a lie as to the status of the marriage?

    Michael! And who would have thought that a woman over 40 could have left you with such memories, eh? I'm doing fine thanks very much. Glad to see you've retained your sense of humour.

  10. #10
    I love Swissnut because she is into all that kinky stuff that I like

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