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CR1 - I-751 - Divorce Advise

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Hey everyone, thank you for reading this!

Just a little background. I'm a British conditional permanent resident with a CR1 visa, my wife (soon to be ex-) is an American citizen.

We met in 2006, started dating in 2008, got married in England in 2012 (we lived together from this time until our move), I applied/moved to NYC on a CR1 on September 16th 2014. I'm not going to go into my breakup aside from to say that we have grown apart and want to go our seperate ways - we are still on reasonable terms - we split at the end of January.

Considering everything I want to apply for the waiver on the I-751 based on 'good faith'. Naturally, I'm a tad concerned because I'm just starting to begin my life here and the last thing I need is to be deported. In terms of evidence, prior to arriving in America, we have tonnes that show our relationship - thousands of emails, pictures, cards, letters, bank, etc... But as I understand it, it would be helpful to show evidence after arriving in the US. I have pictures of us at Christmas/Thanks Giving/New Years together - alone and with family, we share a health/dental insurance plan, I share a family phone bill with her (and her mother), I have theatre tickets, and a joint bank account (British bank account but they deliver our statements to our US apartment - I'm not on the lease as it's her mothers home). Also, I could definately get affidavits that support our claim from our friends and ourselves.

My main questions are:

Can anybody think of any other solid evidence to prove 'good faith' (it's so subjective it's scary)?

Is the burden of proof on me to prove the 'good faith' or is it up to them to prove otherwise?

I know nobody can give me a % in terms of chance, but am I fighting a lost cause or do I have a 'reasonable' chance?

Do I have to prove I can support myself financial again? Or is that out of the scope for the I-751? I have significant savings and will be living at the same home until I'm working. (This point might be moot as I have several interviews lined up for next week...).

It has been a difficult time over the last few months, so any help would be appreicated! Thanks all!

Edited by zzapapa

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Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

Our journey:


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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You didn't by any chance enter America after your 2 year anniversary date, did you? I only ask because you didn't say when in 2012 you were married and it would make the whole issue a moot point.

There is no financial support component to the ROC.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.


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You didn't by any chance enter America after your 2 year anniversary date, did you? I only ask because you didn't say when in 2012 you were married and it would make the whole issue a moot point.

There is no financial support component to the ROC.

Almost. We were married on October 13th 2012 (a Friday... typical) and we entered on September 16th 2014. The rationale was my partner was badly homesick for months and wanted to move back ASAP. So instead of waiting 3/4 more months and applying for the IR1 we opted for the CR1. Naturally, I wasn't expecting to break up so I felt it didn't really matter.

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