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IStandAlone

I-751 to be or not to be

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Hello all, 

 

My husband and I have been married since 04/18/14 but separated after a year.  Why?  Just I (petitioner) couldn't deal with a lot of things and kicked him out of the house. He moved in with friends, got a car, kept working and has been doing good for himself.  We talk as friends and have met on occasions as husband and wife.  The fact is I am human and I have feelings no matter what the situation is.  We both help each other when needed.  We still have cross words and we still argue.  Recently he moved back in with me but is staying in another room as he is getting ready to leave to go back home for 2 months.  His temp card is expired in April.  Legally we are still married, but he has been served with divorce papers.  We need to file his I-751.  Although we are in divorce proceedings, we are still married.  I have no problem helping him out cause no matter what there is still some love between us even thru the issues.  My divorce should be finalized in July or August.  We entered this marriage in good faith and we are still there for one another, but as a married couple we kinda suck at it.  There is no hard feelings between us and even after we divorce if either needs help we got each other covered.  

 

  So I am helping him fill out the I-751 and the question is joint filing or individual filing and AGAIN we are still legally married but I dont want to have any issues for him.  Im thinking and tell me if I am correct but he should file as an individual?  And also keep in mind that the divorce is not being challenged and the reality is that he has not answered and I dont think he will answer and it goes into default.  I am just trying to figure this out.  

 

Perhaps the next question is what happened between us for me to kick him out.  Just some things that he said often to me that ticked me off and I felt as if I was doing more than my share of responsibilities.  He just never helped me in the home and took better care of his friends and family rather than his own wife and I just blew it.  

 

So, I sure could use some advice here.  

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Maybe you ought to just finish the divorce first and let him file on his own with a divorce waiver. You can help him answer questions on the forms though. If he is not contesting the divorce he probably should respond. The whole process might go faster.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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Moved from IR-1/CR-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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