Hi,

I am hoping that some of may be able to offer me some guidance. I have just begun the 90 days where I have to file the I-751, my deadline date is September 5th. I have been married for 4 years in October. My spouse lived with me in the UK and then we decided to move to the UK.

My husband has used violence against me on many occasions, I have kept a few photographs of bruises on my body. Some people I work with have questioned me about the bruises but I didn't admit what was going on. I have never reported anything to the police or to outside agencies. I also don't have many friends in the vicinity, I have one who lives in another state who knows about this. At the moment I don't think I can handle much more as it's not just physical but mental abuse I am dealing with on a daily basis. I wanted my marriage to work out but I don't see that happening.

I don't have the funds to return to the UK and set up a new life just yet. Although I am seriously considering doing that within a few years. My husband has signed the I-751 and I have the documentation to send with it. I am just worried about what could happen say if I file the I-751 and we seperate. Should I file a waiver? Should I send the I-751 off as is, as we are still living together as a married couple. I just feel very uncertain about which route to take.

I'm not a troll. I do have a regular account on this site but I wanted to remain anonymous. Any help would be appreciated.

Sorry to hear about your situation. I think that you should find some way to get away from your husband and your marriage if there is physical and emotional abuse involved. Nothing is worth living that kind of life.

From working in domestic violence, the one thing I know is that the abuse will only get worse over time. If he is physically violent towards you now, it could escalate into something much worse and your life could even be in danger. Please look up the local Domestic Violence Hotline in your area and speak to a Victims Advocate about your situation. They offer all sorts of information and pamphlets to help you. Most people are not even aware of the services that are available to you to get out of an abusive relationship.

Best wishes to you.

If you submit a jointly-filed I-751 and divorce prior to its adjudication the Service will not be able to adjudicate it, based upon the statutes. If you do not inform USCIS that a divorce has occurred and the joint petition is adjudicated, it would be subject to rescission by USCIS. However, once a divorce decree is available, the original joint I-751 would be withdrawn and replaced by the alien's waiver. In the even that the parties are only separated and not a legal separation at the time the jointly-filed I-751 is adjudicated then the marital union is still considered extant.

If you have sufficient bona fides of the marriage, there would be no reason to remain with the abuser, and I would recommend petitioning for divorce right away so that you can have the decree in hand to file with the waiver.

As long as no one files for divorce during the 90 day period before expiration, I would leave the I-751 the way it is and file it. Even if you have to separate (as in, move out) during that time, it shouldn't matter.

The only way it could possibly be an issue (I'm not going to say a "problem") is if you and your husband are randomly selected for an interview and he won't attend, or says that he's going to say you are separated on the way to divorce. That doesn't sound like it would be a possibility since he signed the joint filing form in the first place.

Of course it is possible that the spouse may not appear at an interview if one is called for, anything is possible when parties are headed for a divorce ~ even the most amicable folks can head to their respective corners once the ugly realities of dissolving a marriage and all that entails is underway. But, once the petition for divorce is submitted and is in process in the courts, the alien will have to be prepared to withdraw the jointly filed I-751 and replace it with a waiver if divorce becomes a reality. If the parties are called for an interview and the US citizen spouse will not attend, the alien should consult an immigration attorney to investigate the best options available.

Thank you to all the pople who have given me their input. So as of right now we are not seperated, we do have a bonafide marriage and we do have evidence. I should go ahead and submit my regular I-751. My I-751 will be filed with the Texas service center, last time I checked they were currently processing forms that had been filed 4 months ago.

If/when my situation changes I should then file a waiver, my problem is that say I file for divorce I currently live in NC and it takes a year of living apart for the divorce to go through. I'm not sure how that would work with a waiver. Am I able to file a regular I-751 and then change my waiver on the grounds of entering a bonafide marriage and having suffered abuse? I guess if we do seperate then is the time for me to begin talking to immigration lawyers.

I found a great website called www.womenslaw.org and I have been in touch with them too but am waiting for a reply. I really do appreciate the help you have given me. Thanks.

From what I understand, if you are in any type of Divorce proceedings, you cannot file the I-751 either jointly or by yourself until the Divorce proceedings have concluded, so you are right, if he were to do something like that, you would have to wait a long time to file the waiver. That's why you should go ahead and send the I-751 jointly right now, since you are still together and he signed it already.

Under your hypothetical Divorce filing possibility after you send the application, this is what I would do:

1. If during your waiting time, he files for Divorce, I would not do anything. You are more likely than not to simply receive a letter saying to go to your local office to turn in your Conditional Green Card and get the stamp in your passport. For that, there is no interview and he doesn't have to be there.
   
2. In the event that they do call you for an interview after he files for Divorce, I would go to the interview alone and inform them at that time that my husband filed for divorce after I sent the I-751. If they say, "well, why didn't you inform us?", say "I'm informing you now because I didn't know what to do." You are a foreign national who is unfamilar with our laws after all. They aren't going to deport you.

The worst case is that they will say you have to wait and file the waiver on the I-751 once your Divorce is final. At that time, you can ask them what happens if it takes you 6 months to a year to get Divorced. I'm sure they give you an extension of some kind, probably in your passport. They aren't going to deport you.

Lastly, as a general rule, stay away from the immigration lawyers. They will just take your money and do exactly the same thing you could have done for yourself for free.

ewa,

No, now is the time to talk to an immigration attorney. Discuss your situation and find out how the options for your marriage may affect your immigration situation.

Then, or maybe first, have a talk with someone from a service that deals with abuse issues to discuss your situation and your options for ending your marriage. That womenslaw website sounds like a good place to start.

Yodrak