Jump to content

Separated while waiting for I-751

5 posts in this topic

Recommended Posts

I was wondering if someone ever had this situation.

I filed my I-751 2.5 years ago, and the case was taking a long time to get processed.

No updates were given on the case during my Infopass visits, except "Be patient, your case is being processed".

Last August, my wife and I have separated. She has left me for another guy.

About a week ago, I received a letter for an interview.

I have been a law-abiding "citizen", paying taxes, working for Fortune 500 companies, got a Masters degree, involved in non-profits, help an old lady across the street.

In other words of what some might call a model citizen :innocent:

What are my options?

Any advice is appreciated.

Share this post

Link to post
Share on other sites

The following is true:

1) If you filed jointly, but are now divorced, or legally separated, or have filed for divorce, and the USC spouse does not attend, USCIS will convert the petition from a joint petition to a waiver petition. It may have to be refiled and there may be a new fee, I don't know.

2) If you filed jointly and are NOT yet divorced, legally separated, or in divorce proceedings, and the USC spouse does not attend, you will be automatically denied.

This information is based on a letter I received after my LPR wife went to the interview and I, the USC, did not attend.

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.