I751 with separation

[sandy_sandy]

A Li'l help guys,
I hold a conditional green card through my USC wife since nov '06. We live in virginia and I am under vermont centre ( ~ 1 year wait) . We were very much in love when we got married in dec '05 but a recent trip back to my home country with her has changed a lot of things for both of us. We had a really big fight there and when we came back she moved out and changed her address also. We are talking to work things out but I thik we BOTH are questioning the credibility of each other as a good life partner. May be, we will go for marriage counseling if it does not work out for us on our own.
Now its about the time for me to file for I 751. I think she is not going to sign for joint petition and according to dec 27, 2004 memo (hope this is the most recent one on this issue) I may not need to...
I 751 with divorce/separation memo
From what I understand from reading the memo and the posts, I may file with divorce waiver and have it rolling and If we ARE heading towards divorce then I would need the divorce finalized and have the decree before the interview (I understand that as soon as I get the decree, file another I 751 with new fees and decree --- although what I don't understand is my 1st I 751 would already be filed on divorce waiver option based on separation at the time of initial filing ?? )
now here are the scenario assuming my wife don't sign on joint petition and we being separated, I file as said above (divorce waiver) -
1. We talk and get back together, in which case I assume my I 751 gets invalid as we would still be married and back together. Would I be
required to file another I-751 with joint option again ??
2. We can't work it out and file for divorce but divorce is not finalized and we are still in separation stage. I am trying to learn about separation and divorce in VA also and I read somewhere you need to live separately for 1 year in VA to file for divorce, which have made me think about my filing (divorce ) waiver option again. There got to be a way for people like me with USCIS as when the state law can't let me have the document they require before a specified time, which in this case is the divorce decree ???
I understand all of this is even more time sensitive for me as we are not even at a stage of talking about divorce yet but yet she is mad enough at me to deny signing any immigration papers. It seem like to me whatever is the outcome of our marriage, it has to be relative quicker for me to file accordingly !!!
I am confused as to what to do. Any advice/suggestions ??

[sandy_sandy]

A Li'l help guys,
I hold a conditional green card through my USC wife since nov '06. We live in virginia and I am under vermont centre ( ~ 1 year wait) . We were very much in love when we got married in dec '05 but a recent trip back to my home country with her has changed a lot of things for both of us. We had a really big fight there and when we came back she moved out and changed her address also. We are talking to work things out but I thik we BOTH are questioning the credibility of each other as a good life partner. May be, we will go for marriage counseling if it does not work out for us on our own.
Now its about the time for me to file for I 751. I think she is not going to sign for joint petition and according to dec 27, 2004 memo (hope this is the most recent one on this issue) I may not need to...
I 751 with divorce/separation memo
From what I understand from reading the memo and the posts, I may file with divorce waiver and have it rolling and If we ARE heading towards divorce then I would need the divorce finalized and have the decree before the interview (I understand that as soon as I get the decree, file another I 751 with new fees and decree --- although what I don't understand is my 1st I 751 would already be filed on divorce waiver option based on separation at the time of initial filing ?? )
now here are the scenario assuming my wife don't sign on joint petition and we being separated, I file as said above (divorce waiver) -
1. We talk and get back together, in which case I assume my I 751 gets invalid as we would still be married and back together. Would I be
required to file another I-751 with joint option again ??
2. We can't work it out and file for divorce but divorce is not finalized and we are still in separation stage. I am trying to learn about separation and divorce in VA also and I read somewhere you need to live separately for 1 year in VA to file for divorce, which have made me think about my filing (divorce ) waiver option again. There got to be a way for people like me with USCIS as when the state law can't let me have the document they require before a specified time, which in this case is the divorce decree ???
I understand all of this is even more time sensitive for me as we are not even at a stage of talking about divorce yet but yet she is mad enough at me to deny signing any immigration papers. It seem like to me whatever is the outcome of our marriage, it has to be relative quicker for me to file accordingly !!!
I am confused as to what to do. Any advice/suggestions ??

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sandy_sandy:
A Li'l help guys,
I hold a conditional green card through my USC wife since nov '06. We live in virginia and I am under vermont centre ( ~ 1 year wait) . We were very much in love when we got married in dec '05 but a recent trip back to my home country with her has changed a lot of things for both of us. We had a really big fight there and when we came back she moved out and changed her address also. We are talking to work things out but I thik we BOTH are questioning the credibility of each other as a good life partner. May be, we will go for marriage counseling if it does not work out for us on our own.
Now its about the time for me to file for I 751. I think she is not going to sign for joint petition and according to dec 27, 2004 memo (hope this is the most recent one on this issue) I may not need to...
I 751 with divorce/separation memo
From what I understand from reading the memo and the posts, I may file with divorce waiver and have it rolling and If we ARE heading towards divorce then I would need the divorce finalized and have the decree before the interview (I understand that as soon as I get the decree, file another I 751 with new fees and decree --- although what I don't understand is my 1st I 751 would already be filed on divorce waiver option based on separation at the time of initial filing ?? )
now here are the scenario assuming my wife don't sign on joint petition and we being separated, I file as said above (divorce waiver) -
1. We talk and get back together, in which case I assume my I 751 gets invalid as we would still be married and back together. Would I be
required to file another I-751 with joint option again ??
2. We can't work it out and file for divorce but divorce is not finalized and we are still in separation stage. I am trying to learn about separation and divorce in VA also and I read somewhere you need to live separately for 1 year in VA to file for divorce, which have made me think about my filing (divorce ) waiver option again. There got to be a way for people like me with USCIS as when the state law can't let me have the document they require before a specified time, which in this case is the divorce decree ???
I understand all of this is even more time sensitive for me as we are not even at a stage of talking about divorce yet but yet she is mad enough at me to deny signing any immigration papers. It seem like to me whatever is the outcome of our marriage, it has to be relative quicker for me to file accordingly !!!
I am confused as to what to do. Any advice/suggestions ?? </div></BLOCKQUOTE>
Hi and welcome to the forum.
I am sorry that your trip back home has brought your trouble in your marriage.

If you file the I-751 and waive the joint filing requirement because your marriage was divorced, the divorce must be final no later than the interview, but preferably when you file the I-751.

You are in a very difficult position. On the one hand, both of you are trying to reconcile your differences and at the same time attempting to build that trust up before the argument. On the other hand, if you do go through divorce, it does take some time, or maybe a long time, depending on if there are any issues of property, child custody, etc in the divorce proceeding. And if you file the jong petition, then you are in a very vulnerable position.

As for your scenarios,
1. You will need to refile the I-751, but I do not think this scenario is likely.

2. this may help you.

[sandy_sandy]

Hi Hudson,
Thanks for your response.
What happens in cases where divorce is not finalized before interview. Theoretically they should postpone the interview until the divorce gets over or atleast give reasonable time for one or both parties to push it to get over. Do they do that ? I read about vegas divorces in 2 weeks... any ideas..guys???
We don't have a kid and fortunately our financial condition is not very tangled, so I think. I think if it gets to that level, I don't think we have much to fight over; only time will tell. My main concern is timeline. Seem like I can't afford too much time because either way I am the one affected in terms of my legal presence in this country.

I am thinking immigration lawyer but as a alot of ppl here, money is not freely flowing also, atleast not where lawyers talk in thousands and not hundreds ...
by the way, how much a lawyer charge approx? Also need to worry about lawyers experience/credibility as I have read in some cases, some really bad advices have come from lawyers too....

hudson ..what do you mean in 1. when you said this scenario is unlikely ? Us getting back together ?

thanks once again for your response..
I am very worried...
people, please help ...
sandy

[SonofMichael]

Hello Scammer Sandy !

A divorce can be over in 2 mnths for $600 and have no effect on your immigration status IF you are not greedy. But thats always the issue with you people, isn't it?

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
Hello Scammer Sandy !

A divorce can be over in 2 mnths for $600 and have no effect on your immigration status IF you are not greedy. But thats always the issue with you people, isn't it? </div></BLOCKQUOTE>

I don't think Virginia allows a divorce after only two months of separation, SOM. I believe the law here requires a separation period of a year like the OP said. I think It's a stupid law, btw. People should be able to get divorced just a quickly as they were able to get married.

[sandy_sandy]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
Hello Scammer Sandy !

A divorce can be over in 2 mnths for $600 and have no effect on your immigration status IF you are not greedy. But thats always the issue with you people, isn't it? </div></BLOCKQUOTE>

Son of Michael,
You are so predictable dude. I have read your other posts to other members also. This was expected of you.
I personally think that you don't even deserve a reply, let alone a clarification of any sort on my part.
Learn to respect people first and then talk.

Proud USC, I am learning it is right. VA has a 1 year separation before divorce.
sandy

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Proud USC, I am learning it is right. VA has a 1 year separation before divorce. </div></BLOCKQUOTE>

Hi Sandy,

Yes, I live in VA too and I'm pretty sure it's a year. VA has alot of backwards laws - lol! Good luck to you in any case.

[Someone12]

another greencard seeking visa cheat....ship these sorry cheats back to their own country...we don't want you here, compromising the human gene pool.

[Sprint_girl07]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
another greencard seeking visa cheat....ship these sorry cheats back to their own country...we don't want you here, compromising the human gene pool. </div></BLOCKQUOTE>


Sandy please ignore Someone12, he is just the board bully and best to pretend he isn't here.
There are many here that are nice and helpful

[Sprint_girl07]

Divorces in Virginia can be "contested", which requires adversarial proof, or they can be "uncontested" (which are usually based on a mutual and voluntary separation of at least six months).

1. Uncontested Divorce. If the parties agree to be divorced, you must have a written Separation Agreement that makes adequate and sufficient provisions in writing for the custody and support of the minor children of the marriage and makes a fair and equitable division of your property. If there are no children, and an agreement, you can file for divorce with six month's separation.

If there are children, or you and your spouse cannot reach an agreement, you have to be separated for at least one year. There are also additional technical requirements, but the Separation Agreement is the essence of an uncontested divorce. As for assessing fault for the marriage breakdown, you only need to say that differences have arisen that will prevent you from living together as husband and wife, there is no hope of reconciliation and you intend to end the marriage.

2. Contested Divorce. A contested divorce is a case in which the parties cannot agree on one or more points (property division, alimony, custody, child support, or attorney's fees). Even when parties have lived separate and apart for six months, and wish to be divorced but cannot agree to the terms of financial settlement, or custody, it is still a contested divorce.

Source and more reading..

[SonofMichael]

Do you think there are "seperation police" yto check that you really were seperated for one year? You can be "emotionally" seperated which is sufficient. Sometimes this is referred to as "abandonment". Every state has some form of mutual consent divorce. The only problem is greed and stupidity which is the only reason why divorces end up taking longer and costing more. My ex dragged out the divorce and I was still able to shove it down her throat in 4 months. With cooperation and decency, it can be 2 months. Don't tell me what I know for a fact.

[sandy_sandy]

Thanks Sprint_girl for the post,
Sadly It seem like my marriage is getting to the point of no looking back. I know we both are at the point where we are trying to be all tough and everything on the outside but inside its an altogether different story
I will read those souce material ..thanks once again
sandy

[Sprint_girl07]

You're welcome Sandy

I'm sorry to hear that Not here to give you marriage advice but if there is any chance, don't give up. Sometimes a break can rebuild what was there before, who knows.
Whatever happens, I wish you all the best for the future.

Take care

[MakeItRight!]

Actually Out Of All The States, "VIRGINIA IS THE WORST" For Legal Situations Such As Divorce! NY Not So Good Either!