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Thread: Divorce/Waiver for Joint - I-751 - Chances of approval

  1. #1

    Divorce/Waiver for Joint - I-751 - Chances of approval

    Hello,
    My name is Sumit.I am on Conditional PR.


    We got married on June 2015. My wife (USC) filed for my conditional PR.

    I received my Conditional PR on April 2016 and valid till April 2018.

    Our relationship is not well now. After being in 1 and half year in marriage, we both donít want continue anymore. My wife(USC) took all his stuff and vacated our apartment last week when I was at work. Now we donít have any communication. How can I make sure I can secure my Permanent PR?


    We have lot of evidences showing ours is real marriage.
    Like lot of photos, air tickets to many destinations, rental lease documents, joint auto insurances, Lots and lots of email communications, affidavits from her parents that our marriage is valid and we lived at their place for 6 months etc.
    If I apply for divorce, will that affect my chances of getting permanent PR?
    Please advice, I am in lot of stress and anxiety.

    I am in verge of loosing my job. I only have 1 more year of conditional pr.

    So my questions are, can I file divorce (non-USC) ?
    Will that impact my I - 751 approval decision?
    What are the chances of me getting a waiver for join petitioning?

  2. #2
    Yes, you can file for divorce. It doesn't matter for the ROC who files for divorce. It's whether the marriage was bona fide that matters. And in fact, not only can you, but you must file for divorce yourself if it doesn't look like your wife is going to file for divorce, and she is not willing to file ROC jointly with you. This is because to file ROC by yourself, unless you are abused, you must file on the basis of divorce. So you must be divorced, or in the process of divorce, in order to file. And since divorce takes many months in many states, you should start divorce a while before the 2 years if it looks like you are filing on the basis of divorce, because you don't want to be starting divorce right when filing ROC because then the divorce may not be final by the time you have to respond to their RFE to give them the final divorce order, in which case it will be denied and you will have to file ROC in removal proceedings in immigration court, which will still work out but it is just a big hassle.

    I also don't know why you are "in the verge of losing your job". You are a permanent resident and take employment permanently.

  3. #3

    Thank you for reply

    Quote Originally Posted by newacct View Post
    Yes, you can file for divorce. It doesn't matter for the ROC who files for divorce. It's whether the marriage was bona fide that matters. And in fact, not only can you, but you must file for divorce yourself if it doesn't look like your wife is going to file for divorce, and she is not willing to file ROC jointly with you. This is because to file ROC by yourself, unless you are abused, you must file on the basis of divorce. So you must be divorced, or in the process of divorce, in order to file. And since divorce takes many months in many states, you should start divorce a while before the 2 years if it looks like you are filing on the basis of divorce, because you don't want to be starting divorce right when filing ROC because then the divorce may not be final by the time you have to respond to their RFE to give them the final divorce order, in which case it will be denied and you will have to file ROC in removal proceedings in immigration court, which will still work out but it is just a big hassle.

    I also don't know why you are "in the verge of losing your job". You are a permanent resident and take employment permanently.

    I am in the verge of loosing the job because of lot of stress.
    In fact there was physical abuse involved. She hit me and I got 3 sutures, but I didnot reported to anyone.
    Also during this 1 year, there are 3 instances where she abused me physically and I have emails from her saying, she did because she is angry.
    Can those helps me in divorce or ROC for my LPR?

  4. #4
    Well, it's possible to file on the basis of abuse. But filing based on divorce is easier because you don't have to prove abuse. You can file on both bases if you want (you can select multiple waiver reasons) but I would at least include divorce. That means divorce needs to be filed at some point, by you or your spouse. If it doesn't look like your spouse is filing it in the next few months, I think you should file it yourself.

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