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Thread: I-751 questions

  1. #1
    Hi everyone,
    I came to US on F1 visa on sept. 2001 and married a US citizen on Oct. 2003. We met in a class at school, started dating and then decided to get married since we were both in love. We both entered the marriage in good feith.
    a month ago I came home to see that he has brought a truck and moved the furniture and all our documents out of the house while I was not home. And this was while he had not told me anything and he was not complaining about anything. I was shocked for weeks and did not know what has happened. Now I know that I can trust this person anymore and want to get a divorce.
    My second year annivarsry at which we were supposed to file the I-751 to remove condditions is coming up in Nov. We are now living seperatly from each other and I want to file for the waiver of joint filing. I also know that You can file for a waiver unless the divorce is complete and mone is not. Do you know what I should be doing about this?

    I really appreciate any kind of help and advice.
    Thanks,
    Shayla

  2. #2
    Hi everyone,
    I came to US on F1 visa on sept. 2001 and married a US citizen on Oct. 2003. We met in a class at school, started dating and then decided to get married since we were both in love. We both entered the marriage in good feith.
    a month ago I came home to see that he has brought a truck and moved the furniture and all our documents out of the house while I was not home. And this was while he had not told me anything and he was not complaining about anything. I was shocked for weeks and did not know what has happened. Now I know that I can trust this person anymore and want to get a divorce.
    My second year annivarsry at which we were supposed to file the I-751 to remove condditions is coming up in Nov. We are now living seperatly from each other and I want to file for the waiver of joint filing. I also know that You can file for a waiver unless the divorce is complete and mone is not. Do you know what I should be doing about this?

    I really appreciate any kind of help and advice.
    Thanks,
    Shayla

  3. #3
    You cannot really file alone until you are divorced. On the other hand it would be a lie to file joint when you are separated. But couple fight and part. This is life

  4. #4
    Thanks for replying.
    So what do you think should do. The problem is that in my state you have to stay separated for one year before being able to get a divorce.
    The problem is in about 8 months I have to apply to remove conditions and if I don't my green card will expire and everything will go wrong with my job.
    What do you think I should do? I will really apprecite you ideas....

  5. #5
    Again, you have two solutions:
    1. reconcile with your spouse and file joint. But beware, if there is an interview and he/she does not show up, you will be denied automatically. And you will have to explain why you file jointly when you were planning to get divorced. The other option will be to file jointly, start your divorce procedure, then file a second time waiver with a letter of explanation of the divorce. You definitely need an attorney;
    2. File alone which is almost impossible. Start the divorce and the case will be denied. But dont panick, the April 10 2003 memo clearly state that you can request a continuance from the IMMigration judge until divorce is decreed.

    In any way, if the interview comes up, prepare yourself to prove your bona fide marriage.

    Good luck
    mamon

  6. #6
    Thanks Mamon. I think I will most probably go with the second option. My husband and I are not really talking since he had been lying to me for 2 months or so about everything. Even if he is willing to sign it, I would not want him to. My husband left me without even telling me, I came home one day and nothing and nobody was home. He took all the documents that we had. I have gathered some of them again on my own.
    I will go with the second option and take all the documents that I have like house deed, mortgage policy, phone bills, gas bills, charles schwab statements, bank account statements, health insurance policy, car insurance statement and pictures.

    Thanks alot,
    Shayla

  7. #7
    Hi shayla...

    if u r leaving separately ....first file for divorce....and make a post to AGUILA...he is master in this kinda situation..he will guide u further....if u happen to have little bit of time and want to read more abt such cases / situation ...then visit the following link...good luck...Pasha

    sorry the search feature doesnt work...so u gonna have to work hard and find a post by me I 751 info/source or something like that ...and there are lot of links directing to the same issue...good luck...Pasha

  8. #8
    I would agree with Pasha, filiing the divorce in your case will be the only option. But remember what state you are in. Sometimes, divorce may take years. In case it is a messy one like my divorce, I had to bifurcate the divorce - thus my status of divorcee was pronounced in 6 months but the assets was just finalized few months ago.

    Good Luck
    mamon

  9. #9
    my problem is that I can not get a divorce before one year od separation.In this state you have to stay separated for one year before you can get a divorce. So the 90 day for filing the I-751 is coming up while we are separated and there is no way to get a divorce before that. I also do not want to ask him to sign it.....so I guess I just have to file it on my own and I know that it is going to be denied and then I guess I have to appear in front of the immigration judge and ask him to extend my green card untill my divorce is finalized and then I can file the I-751 again. Am I guessing right? Does any of you know anyway around this?
    Thanks,
    Shayla

  10. #10
    Is it possible to delay the I-751 interview until the divorce is final? Note I'm nowhere an expert on this matter, just throwing an idea.

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