Marriage falling apart with pending i751

[Nairboy 0]

Uscis received my i751 joint petition to remove conditions on dec 4, 2017 and sent an extension letter on dec 15th. About a month ago, I received a notice stating biometric is not required. I’m having issues with my marriage now and my wife and we are going for counseling. However, my wife thinks she doesn’t want to be in the relationship and wants to file for divorce. I’m confused what to do. My application was sent to CSC 7 months ago and looks the Office is taking 18-20 months now. Should I wait until she files for divorce ? If she files around the 18 month timeframe will that cause an issue because I wouldn’t have filed a waiver application. Please advise. 

[mindthegap 2,521]

If you aren't agreed that you are divorcing, then you don't have to do anything - you are still married as per your filing.

Should you move out or commence divorce proceedings before adjudication then you will need to do something.

 

Divorcing is not a reason for 751 denial at any rate and you can switch a pending jointly filed petition to a divorce waiver - you don't have to re-file from scratch.

[Nairboy 0]

Thanks a lot for the reply. Right now we live together, but she let me know that she’ll be moving out in 2 months because she got a job in a different state. However, I’ll be visiting her most weekends to still see if we can make it work. Although we have issues, I still love her. Since she’s moving out of state, will that cause any issues?

[geowrian 22,335]

It's possible to complete ROC while married and living apart, separated, or even divorced w/o a waiver. However, in most cases it is not wise to try to do so, IMO.

 

First, they need to be willing to go to the interview. Second, you need to hope they won't tank the interview on purpose (it's happened...divorces can go sour very quickly). Third, not living together is going to stand out to the IO and likely increase scrutiny of the case.

 

If you aren't committed to divorcing yet, I suggest some marriage counseling. Otherwise, getting a divorce and switching the pending case to a divorce waiver is usually in one's best favor.

[Nairboy 0]

Thanks for replying to my post. My wife and I have been living together for more than 2 years now. Also, we have been going to counseling sessions, but I don’t think she is ready to live together. In case she doesn’t turn up for the interview, what would I need to do at that point? Can I attend by myself ? Even after she moves, I’m planning to visit her every 2 weeks just to see if we can make it work. 

[mindthegap 2,521]

17 minutes ago, Nairboy said:

 In case she doesn’t turn up for the interview, what would I need to do at that point? Can I attend by myself ? 

Firstly, not everyone gets an interview.

If one is scheduled and it is a joint filing,  then either the USC spouse MUST attend, or you must request a switch to a divorce waiver (which you can do at the interview) which makes it a solo filing from then on. You MUST have a final decree at some point to get approved as a divorce waiver.

Absent either of these, it is denial time (not the end of the world by any means, just significantly more hassle and expense),

Edited June 13, 2018 by mindthegap

[Nairboy 0]

To request for a switch to a divorce waiver at the interview, should the divorce be already filed? Ours was an arranged marriage and was entered in good faith. I have all valid documents that any other couple who have been living together would have. Do you know if divorce waivers have higher denial rates than normal i751? Do people even get approved?