separation after filing jointly!

[suny25 0]

Hi Guys,

After 2 months filing I-751 jointly, now we are separated. I'm going to change my address. I want to know what my next action could be?

- don't say anything to USCIS and wait until getting Green Card,

- let USCIS know about the sepration and wait for their respond,

- file for divorce and then let USCIS know about getting divorc,

Thank You

[suny25 0]

Any idea or suggestion?

[Christi85 86]

Your course of action will depend on what is actually happening in your personal life.

If you two have decided that a divorce is the only way forward, then file for divorce and notify USCIS that you need to change your petition from joint to divorce waiver. Be prepared to be asked in for an interview, be sure to have plenty of evidence that your marriage was bona fide, and also you may have to pay the application fee again

If this is a trial separation on the other hand and you two don't know if you'll be divorcing or getting back together, give it a little bit of time, don't change address just yet (if possible) and see if you can work things out and get back together. If not, you'll have to take the steps detailed above.

However, this cannot go on for a long period of time, as obtaining your permanent green card through a joint petition would be considered fraud. So unfortunately the two of you may have to make a fairly quick decision (as in, no later than a few weeks) on what is going to happen with your marriage.

If you file for divorce or for legal separation, be sure to let USCIS know as soon as possible, as well as your change of address.

You may also wish to consult an immigration attorney who is experienced in waivers to help you in the process. Good luck!

[suny25 0]

Thank you so much christi,

I don't know what the legal sepration means? It meeans we need to file for sepration somewhere?

In state that I live there is no need of sepration for divorce. I just moved to another city.

Now I'm going to let the USCIS know about change of address. Should I let them know about our sepration and wait for their decision? or it is better to get my final decision and file for divorce?

[Christi85 86]

In California you can file for legal separation before filing for divorce (or you can directly file for divorce), which is why I mentioned it. But it could be different in your state, so take it with a grain of salt. Seems like your separation is final.

If you've already moved and are filing for change of address, it's very likely that USCIS will send you an RFE once your petition is processed (about 6-7 months from filing) wanting you to prove that you are still married to your spouse, still living together etc, so if by that point you haven't changed your petition to divorce waiver, it would be considered fraud.

So since you have already separated for good and you know there is no going back, I'd say file for divorce and notify USCIS that you will need to change your petition from joint to divorce waiver. Like I said above, you may want to consult with an immigration attorney to help you in the process, unless you are confident that you have very solid proof of a bona fide marriage and are comfortable doing it yourself.

Edited June 1, 2013 by Christi85

[suny25 0]

You mean after filing divorce, I have to resubmit I-751 form as a divorce waiver or just let them know about our divorec prosess and at the end of dovorce resubmit the I-751?
Also I want to know what kind of documents shoud I bring for the reason of divorse to IO.

we had lots of emotional peroblems and differnt ideas that I don't know how I can use them as prof that our marriage is real.

Thank YOu

Edited June 1, 2013 by suny25

[newacct 688]

It's also possible that you won't have an interview, and then you would get conditions removed without any issues.

[Christi85 86]

You mean after filing divorce, I have to resubmit I-751 form as a divorce waiver or just let them know about our divorec prosess and at the end of dovorce resubmit the I-751?

Also I want to know what kind of documents shoud I bring for the reason of divorse to IO.

we had lots of emotional peroblems and differnt ideas that I don't know how I can use them as prof that our marriage is real.

Thank YOu

I have no experience in the waiver process, so I suggest you contact a lawyer for specific advice, or you could try contacting USCIS for advice on how to go about it. I assume you would have to withdraw the current petition and file a new I-751 with a divorce waiver (after filing for divorce), but I'd check with them for certain.

[Christi85 86]

It's also possible that you won't have an interview, and then you would get conditions removed without any issues.

Switching from joint filing to divorce waiver will in all likelihood mean an interview. This is nothing to worry about - she'll just have to prove the marriage was in good faith with some solid evidence, and that's sufficient for an approval.

While she could that (i.e. pretend that they're still together), lying to immigration officials is taken very seriously and if discovered later, it could come back to bite her because it would be considered fraud. Not only could she have a future citizenship application denied, even worse, she would lose her lawful permanent resident status as well. Though, thinking about it, if she's already changed address, she is required to notify USCIS, and that alone will trigger questions as to whether she and spouse are still living together. Since they aren't and she's not going to be able to present evidence like joint lease/utility bills etc. from the new address, USCIS will easily figure that they've separated. So it's best to start with the right foot and just be honest with them. Yes, it will mean more hassle in the short term, but if the marriage was in good faith and legit, she should have no problem retaining her permanent resident status.

Still, OP- I suggest again that you speak to a good immigration attorney. They deal with waivers a lot and they will be able to help you take the right steps. Don't forget that we are not lawyers in this community. We just try and help each other based on our own immigration experience, but legal stuff and more complicated cases are best handled by an immigration attorney.

[suny25 0]

Thank you so much christi for your advice, I'm going to talk to an attorney soon.

I think the douments that we submited with joint ROCI would be enough to show bona fide marriage. Now, I realy like to know about the documents that I have to show as reasons for getting divorce.

I hope some one who has been in the same situation come and share his/her story with Visajourney members.

[newacct 688]

Switching from joint filing to divorce waiver will in all likelihood mean an interview. This is nothing to worry about - she'll just have to prove the marriage was in good faith with some solid evidence, and that's sufficient for an approval.

While she could that (i.e. pretend that they're still together), lying to immigration officials is taken very seriously and if discovered later, it could come back to bite her because it would be considered fraud. Not only could she have a future citizenship application denied, even worse, she would lose her lawful permanent resident status as well. Though, thinking about it, if she's already changed address, she is required to notify USCIS, and that alone will trigger questions as to whether she and spouse are still living together. Since they aren't and she's not going to be able to present evidence like joint lease/utility bills etc. from the new address, USCIS will easily figure that they've separated. So it's best to start with the right foot and just be honest with them. Yes, it will mean more hassle in the short term, but if the marriage was in good faith and legit, she should have no problem retaining her permanent resident status.

Still, OP- I suggest again that you speak to a good immigration attorney. They deal with waivers a lot and they will be able to help you take the right steps. Don't forget that we are not lawyers in this community. We just try and help each other based on our own immigration experience, but legal stuff and more complicated cases are best handled by an immigration attorney.

No, I meant if the OP does nothing now, it is possible they will get no interview and they will get conditions removed. If they do get an interview, they can switch to divorce waiver then.