Pending I-751 but Divorce Looms - Help

[Triedandtried 0]

Hi All. I wonder if you can help me please. I am heartbroken and so numb. I married my US husband who I have loved dearly and it has come to a situation where I will have to divorce him. I am not sure what to do as I have a I-751 petition in at USCIS at the moment , have done the Biometrics already. But what do I do ? Withdraw that petition and start a new one with Waiver ? or do I start a new I - 751 with and request to withdraw the other one ? Also if I do a new I - 751 with waiver does it mean I have to pay all those fees again , considering they have been paid already and Biometrics has been done. I have also received my one year extension letter , valid until next year August. Thank you !!!!!!

[TracyTN 237]

Let your current I 751 stand. If you happen to be interviewed for the 10 year green card, bring up the developments at that time. But the fact that your marriage was still in tact at the time you applied - there really is no reason to amend history now unless specifically asked.

If your green card is approved, all the divorce means for you going forward is you will have to have 5 years of permanent residency before you can apply for citizenship instead of three.

Sorry to hear things didn't work out.

[dwheels76 5,463]

Hi All. I wonder if you can help me please. I am heartbroken and so numb. I married my US husband who I have loved dearly and it has come to a situation where I will have to divorce him. I am not sure what to do as I have a I-751 petition in at USCIS at the moment , have done the Biometrics already. But what do I do ? Withdraw that petition and start a new one with Waiver ? or do I start a new I - 751 with and request to withdraw the other one ? Also if I do a new I - 751 with waiver does it mean I have to pay all those fees again , considering they have been paid already and Biometrics has been done. I have also received my one year extension letter , valid until next year August. Thank you !!!!!!

Long as you entered your marriage in good faith and it was a real marriage it should have no issue on this. Just proceed. Than you can divorce. Sorry OP really. Prayers and hugs to you.

[Ron and Rhea 42]

Over 50% of marriages in the U.S end in divorce, so odds are over half of marriages will fail, maybe even more so with the extra stress and problems with couples in our situation.

[Triedandtried 0]

Thank you for your kind words, I would also just like to wait it out for the Green cards but am concerned that my husband might become vindictive and try sabotage the process like he did our marriage and myself in a certain sense.

Let your current I 751 stand. If you happen to be interviewed for the 10 year green card, bring up the developments at that time. But the fact that your marriage was still in tact at the time you applied - there really is no reason to amend history now unless specifically asked.

If your green card is approved, all the divorce means for you going forward is you will have to have 5 years of permanent residency before you can apply for citizenship instead of three.

Sorry to hear things didn't work out.

[Triedandtried 0]

Thank you , but as I said to another VJ member , I cannot trust him and think he might try sabotage my 10 yr GC process , he has gone beyond what I knew for 8 yrs before I married him, he would do anything to save himself and has no remorse for his mistakes or deceptions , what man hurts a women who has left her country and all she had and knew to come and marry him because she believed in his love and trusted him with her life and her children's, I have never given up despite how hard everything has been , I stayed focused on my marriage and love for him , now I am devastated , hurt and have no idea what tomorrow brings.

Long as you entered your marriage in good faith and it was a real marriage it should have no issue on this. Just proceed. Than you can divorce. Sorry OP really. Prayers and hugs to you.

[TracyTN 237]

Thank you for your kind words, I would also just like to wait it out for the Green cards but am concerned that my husband might become vindictive and try sabotage the process like he did our marriage and myself in a certain sense.

Well, there isn't much you can do at this point while it's in process. Even if he were to contact them to try and cause trouble, they would in turn contact you and you would be able to tell your side of the story. Just because he is the US citizen doesn't mean they will necessarily take his side as the gospel truth. They see this kind of thing every day and are probably savvy enough to discern what's really going on. It still is a wiser move to do that than to start the process completely over when you have a good chance of this going through without an issue. Having two applications from you at the same time will only complicate matters.

[VanessaTony 3,567]

Thank you , but as I said to another VJ member , I cannot trust him and think he might try sabotage my 10 yr GC process , he has gone beyond what I knew for 8 yrs before I married him, he would do anything to save himself and has no remorse for his mistakes or deceptions , what man hurts a women who has left her country and all she had and knew to come and marry him because she believed in his love and trusted him with her life and her children's, I have never given up despite how hard everything has been , I stayed focused on my marriage and love for him , now I am devastated , hurt and have no idea what tomorrow brings.

Well the only thing he can do to "sabotage" you is to withdraw his support, at which point USCIS would send a letter telling you that you need to request a waiver if you're getting divorce etc etc. He can try claiming that your relationship was fake, but as long as you have evidence of relationship you should be fine there too (collect it ASAP before he destroys it).

If you are called for interview then go to the interview, tell them you're filing for divorce and want to change it to a waiver filing (no new fee).

HOWEVER, if you really are worried you can send them a letter now, or schedule an INFOPASS about changing it to a waiver filing based on divorce. You should send information regarding the reasons surrounding the divorce so that he doesn't have a chance to try and accuse you of fraud first. You said he's been doing bad stuff. Do you have any proof?

Good luck!

[mrsGORE 13]

Goodluck to you hope you'll get through this..have faith