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Hi everyone;
I am looking for some clarification.
Does a marital separation (but not divorce) affect an I-751 application?
In May 2002 my then wife and I jointly filed our 751 because, at that time, we were still married and living together.
Several months later we separated, but neither of us were ready to divorce at that point. Therefore, when the time came for our second interview, we attended together.
The officer's first question was: "what are you doing here together?" He stated that since we were now separated, our original jointly filed 751 was no longer valid, and that he could, if he chose, deny our petition outright. However, after consulting with his supervisor, he told us that if we filed for a divorce and sent the final decree to him within 90 days, the case could move forward. At that time he refused to review our case any further, and did not look at any of the documentation we had brought, showing the marriage had been a bona fide one.
We complied with his instructions, and miraculously we did receive the final decree within three months. So I mailed it to him, and waited to be scheduled for the next interview that he told me I should attend alone. He stated this would be scheduled within two to three months after he received the decree, and at that time he would review all my documentation.
Seven months later - just the other day - I was shocked to receive a "Termination of Conditional Status" in the mail. It stated that because I had submitted a divorce decree, this rendered my original 751 invalid. Apparently I was supposed to file another 751 on receipt of my decree, this time applying for a waiver. He did not mention this at the time, stating that sending the divorce decree to him would be sufficient. I am understandably stunned, since all I was doing was following his exact instructions.
Anyway, my point is: did he have any right to refuse to review our case at the time of the second interview, just because we were separated? I stressed to him that when my wife and I had filed the original I-751 we were still living together as a married couple, but he stated that did not matter.
Did he make a mistake? Do I have reasonable grounds for an appeal here?
Thank you to everyone who can help.
I am looking for some clarification.
Does a marital separation (but not divorce) affect an I-751 application?
In May 2002 my then wife and I jointly filed our 751 because, at that time, we were still married and living together.
Several months later we separated, but neither of us were ready to divorce at that point. Therefore, when the time came for our second interview, we attended together.
The officer's first question was: "what are you doing here together?" He stated that since we were now separated, our original jointly filed 751 was no longer valid, and that he could, if he chose, deny our petition outright. However, after consulting with his supervisor, he told us that if we filed for a divorce and sent the final decree to him within 90 days, the case could move forward. At that time he refused to review our case any further, and did not look at any of the documentation we had brought, showing the marriage had been a bona fide one.
We complied with his instructions, and miraculously we did receive the final decree within three months. So I mailed it to him, and waited to be scheduled for the next interview that he told me I should attend alone. He stated this would be scheduled within two to three months after he received the decree, and at that time he would review all my documentation.
Seven months later - just the other day - I was shocked to receive a "Termination of Conditional Status" in the mail. It stated that because I had submitted a divorce decree, this rendered my original 751 invalid. Apparently I was supposed to file another 751 on receipt of my decree, this time applying for a waiver. He did not mention this at the time, stating that sending the divorce decree to him would be sufficient. I am understandably stunned, since all I was doing was following his exact instructions.
Anyway, my point is: did he have any right to refuse to review our case at the time of the second interview, just because we were separated? I stressed to him that when my wife and I had filed the original I-751 we were still living together as a married couple, but he stated that did not matter.
Did he make a mistake? Do I have reasonable grounds for an appeal here?
Thank you to everyone who can help.
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