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Filing I-751 While Seperated

#1 inneedofhelp

inneedofhelp

    Member

  • PipPipPip


Posted 30 May 2011 - 12:48 PM

Hello all,

This is hard to say but i believe that my marriage is over. Very recently me and my American wife began to live apart as we were going through bad times. Just the other day we both said that we were done. The marriage is unfixable.
As of right now i am still currently on my 2 year green card, i am due to file the I-751 at the beginning of July.

So basically i need some help from anybody who has any knowledge on the subject of filing the I-751 while being seperated from your spouse. As of my knowledge we cannot get a divorce until we have been living apart for 6 months. So getting a divorce settled before we file is out of the question as it will be too late to file the I-751. My wife said she will co-operate with the whole process. Will i need to appoint an attorney? (Thats something i dont want to have to do to be honest) So if anybody can give me any help and advice on the matter i would greatly appreciate it because i need top know where i stand and what kind of action i need to take.

Many Thanks
  • 0

#2 VanessaTony

VanessaTony

    Little Miss



Posted 30 May 2011 - 02:25 PM

You must file in the 90 day window (or before if the divorce is final early) on the basis of divorce. Normally you would need the divorce decree but you don't have it so you'll send your paperwork without it then you'll get an RFE for the decree. If you don't get the decree in time for the RFE you will go before an immigration judge who will extend the timeframe until the decree is available.

It is not possible to file as separated. You are either filing based on divorced, or filing together (or abuse but you didn't say that was the case). You said "as far as you know" there's a 6 month period you must be separated before you can divorce... you need to:

1. find out for SURE whether there is or not
2. what you need to do to get that officially started (if anything)
3. whether there's a way to waive the waiting period (probably not but can't hurt to check)

The most important thing to remember though is you MUST file before your 2 year card expires. If you don't your status could be revoked and you could be deported.

p.s. What state are you from?

Edited by Vanessa&Tony, 30 May 2011 - 02:26 PM.

  • 0

Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile


#3 Nich-Nick

Nich-Nick

    Long Time Member



Posted 30 May 2011 - 10:35 PM

It has also been suggested that you don't file early in the 90 day window. File 2-3 weeks before your geencard expiration. File Priority mail so you are certain it will arrive in time. Get a tracking receipt so you have proof it arrived in time. You don't want to miss the deadline--that is MOST important. Filing late in the window buys you more time for the divorce to come through before they get around to looking at your case and issuing the RFE.
  • 0
England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London
10-05-08 Married


AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston
05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:
4 years, 2 months, 6 days
243 pages of forms/documents submitted
No RFEs


#4 inneedofhelp

inneedofhelp

    Member

  • PipPipPip


Posted 31 May 2011 - 10:38 AM

You must file in the 90 day window (or before if the divorce is final early) on the basis of divorce. Normally you would need the divorce decree but you don't have it so you'll send your paperwork without it then you'll get an RFE for the decree. If you don't get the decree in time for the RFE you will go before an immigration judge who will extend the timeframe until the decree is available.

It is not possible to file as separated. You are either filing based on divorced, or filing together (or abuse but you didn't say that was the case). You said "as far as you know" there's a 6 month period you must be separated before you can divorce... you need to:

1. find out for SURE whether there is or not
2. what you need to do to get that officially started (if anything)
3. whether there's a way to waive the waiting period (probably not but can't hurt to check)

The most important thing to remember though is you MUST file before your 2 year card expires. If you don't your status could be revoked and you could be deported.

p.s. What state are you from?


Thankyou so much for the information and response.
I am in the state of Illinois, i just read a few things regarding divorce that you have to have been seperated for 6 months in order to file for a divorce. I spoke to a friend about it yesterday and he said they just to the attorney that they had been seperated for 6 months.

Would that be a good idea to file later in the time period in order to get the divorce decree? That kinda sounds a little risky but i can understand why it was suggested.

Thanks again for the help, you really have no idea how good it makes me feel that people out there do actually want to help in my terrible situation.
  • 0

#5 Nich-Nick

Nich-Nick

    Long Time Member



Posted 31 May 2011 - 02:22 PM

The 90 day window is just a time frame that is A-OK for filing. Any day---the first day or the very last day--is fine as long as it's not late. Your NOA will give you a one year extension on your current greencard, so ideally you'll want to allow time to receive that before yours expires. Go over to the Removing Conditions forum so you know the kind of documentation you have to send. It's a lot. Plus learn about the waiver and look at timelines to see how long NOAs take to receive. By all means prepare early, but you don't have to mail it on day 1 of 90.
  • 0
England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London
10-05-08 Married


AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston
05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:
4 years, 2 months, 6 days
243 pages of forms/documents submitted
No RFEs


#6 VanessaTony

VanessaTony

    Little Miss



Posted 31 May 2011 - 07:13 PM

Thankyou so much for the information and response.
I am in the state of Illinois, i just read a few things regarding divorce that you have to have been seperated for 6 months in order to file for a divorce. I spoke to a friend about it yesterday and he said they just to the attorney that they had been seperated for 6 months.

Would that be a good idea to file later in the time period in order to get the divorce decree? That kinda sounds a little risky but i can understand why it was suggested.

Thanks again for the help, you really have no idea how good it makes me feel that people out there do actually want to help in my terrible situation.

Yep it's 6 months... well actually it's 2 years but only 6 months if you both agree. Here: http://www.helpyours...om/illinois.htm

Hope that helps. Good luck!
  • 0

Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile




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