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Divorce after filing joint pettition to remove conditions but before approval of joint filing

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  • #31
    I think if you do a watertight petition for removal of conditions,I751, you can divorce day after you mail the application coz you will most likely not get an interview. What do you all think?


    • #32
      I am betting it all on that. I made sure that my application was complete and lots of info was provided. BTW - It was a legit marriage; it just didn't last...

      I am hoping that I will just have to make a trip or two to the district office to get my I-551 renewed every year, then hopefully I will get a letter telling me to come in with pics and fingerprints (AGAIN) and so on... Hopefully nobody will ask "Are you still Married" and it will be an open and shut case...

      For reference, I have been asked when I crossed the border while my I-751 was underway and the Border Guard did ask me if I was still married... Fortunatly, I still am so the answer was yes. Now if he asked if we were seperated or living together, the answer would not have been so easy to give. I have no idea what they would do if I said no... I think I might mumble the answer next time (cause I'll be divorced at that point) and play dumb if it becomes a big issue! But if they asked me that question at the District Office, I would have to answer truthfully.

      That is my worse nightmare - to get all the way through this process, walk up to the counter to get my GC and have the guy ask if I am still married at the last minute...



      • #33
        ARQU, what center are you filing at?


        • #34

          I filed at VSC (I deal with Newark District office for the general walk-in stuff).

          The Northeast is one of the worse areas to deal with immigration...



          • #35
            I had a good experience with Boston coz I got my EAD on day of I130/485, then got first appointment within 8 months, then moved to the south, and now I will file for Texas I751 later in the year. I see the Texas service center is ahead of all others in 1751 coz they are now doing 10/31/02 as of 5/15/03.


            • #36

              The hold up is for the GC type visas not for EADs and so on... The I-751 and I-485 applications have all but stopped pending the solution of a problem exchanging data between BCIS and the FBI in a timely manner.

              Texas does seem to be the most up to date; but I doubt that their dates are moving at all either. That being said, if the applications start to move again, I suspect that you will be done with your I-751 sometime later in 2004 which is still a year earlier than mine (and mine was filed last October).



              • #37
                It it safe to get a separation now or to wait for one more year? Men I cant see myself waiting another year for removal of conditions. I started off legit but cultural clashes have just become unbearable.


                • #38
                  I would not seperate before I filed the I-751 if at all possible. Read the memo refered to on the ILW homepage. If you are seperated but not divorced at the time of I-751 filing you CANNOT file a waiver of joint petition. So in other words - Goodbye...

                  How far away are you from filing? I would hang on if you can, get her/him to sign then move out a month or two later. That is what I did - it was tough (to say the least) but now I have a couple of years until I have to start getting stressed again... Well, more stressed than usual...



                  • #39
                    So ARQU do you regret moving out since you would have been less stressed? Is it better to wait until approval of I751 or leave immediately after filing for removal of conditions? I think the tricky part is what happens if they call you for an interview?


                    • #40
                      There is no way that I could have stayed for another 2 or 3 years. Even if I get deported it is better than staying in a BS marriage!

                      I do not know what will happen in the future but I have not been happier for a long time!

                      I would wait until you file then one or two extra months for good measure... But every circumstance is different...



                      • #41
                        ARQU I see what you are saying but what happens if I leave then they ask us to go for an interview. What will I do?


                        • #42

                          Glad you're happier now ~ I just sent you an email, and will keep in touch about things going on... I have to go to my district office to get another extention soon, so we'll see. Does anyone know a rally good Family Based Immigration lawyer ~ looks like we're left to wallow in doubt by ourselves here?


                          hope all works out for you. I also suggest you stay married at leas until you all file Joint Pettition, but as you can see we are all just guessing here...



                          • #43
                            Thanks Guest - I'll be in touch.

                            Hello: Tell the truth.

                            That is all you will be able to do IF (stress the IF) you get called in for another interview. Lay it on the line and let the cards fall where they may. I do not have any idea what will happen - perhaps I will find out... I hope not.

                            I am still hoping we will hear from a few folks who have done this recently....



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