Separated after filing I-751 together

[kolba99 0]

I was wondering if someone ever had this situation.

Married in good faith a little over 5 years ago.

My wife and 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 stating that we both have to appear.

What are my options?

Any advice is appreciated.

[Chirag Chaudhari 8]

you must attend interview .... you have to convince uscis officer that you are dumped by ur us citizen wife... you are married to her in good faith .. and also u have to collect proof against her to prove you right in this situation other you have to show attachment with usa ... if you live usa then hardship reason like many things you have to collect ...

Most Important if you are in difficult situation then you have to hire attorney as soon as possible for further guidance cuz attorneys faced case like this in past ...

Edited April 22, 2015 by Chirag Chaudhari

[tuckin14 58]

This is complicated yet somewhat clear:

1) Have you either filed for divorce or have a legal separation, or have neither of these occurred?

2) Will your wife go to the interview?

If the answer to (1) and (2) are no, then you will be denied. Period. (But all is not lost.) My suggestion would be that you ask for a postponement of the interview and file for divorce in the interim. When you go to the interview without your wife, bring the divorce filing and ask to convert the joint petition to a waiver filing.

It should not take that long to file for divorce, and you do not have to actually be divorced to file with a waiver. You just have to have more than an "informal" separation.

If for whatever reason you cannot accomplish this by the date of the interview, your petition will be denied, however they will not come to escort you to the border right away. Your status will be converted to that of "Legal Temporary Resident." You will have to make a new filing, with a divorce waiver, before you get a date to appear for a removal hearing. If you do this, the process will basically start over.

Regardless, you have to show that you entered the marriage in good faith. Your wife's cooperation will be helpful, but not essential.

One thing to be careful about, not that you are likely to trip this up, but they will almost surely ask if you paid anyone other than USCIS or an attorney. The obvious correct, and I assume truthful, answer is "no." If you compensated anyone, like your ex, you are totally screwed.

Basically you will have to prove that you married her in good faith. You don't have to prove that you were a wonderful husband and that she was unjustified in dumping you. You just have to show that at the time you got married you intended it to be for keeps. The biggies are to show that you lived together and comingled your finances. It would be helpful to show that you did things together, visited one or both families together, traveled together, etc. You don't have to show that you cleaned up the kitchen and never belched or wore the same underwear twice. You don't even have to show that you were faithful and that she didn't leave because you were cheating on her. I'm not saying you did any of this stuff, I'm just emphasizing that your burden is just to show that you entered the marriage in good faith. it would be helpful to go to the interview with as much evidence as you have.

If your wife is willing to go to the interview with you, then you don't have to change to a waiver filing. She can even go and trash-talk you and maybe they'll believe you and maybe they'll believe her, but as long as she's there isn't not an AUTOMATIC denial. Of course you don't want to conceal the fact that you split up.

[kolba99 0]

This is complicated yet somewhat clear:

1) Have you either filed for divorce or have a legal separation, or have neither of these occurred?

2) Will your wife go to the interview?

If the answer to (1) and (2) are no, then you will be denied. Period. (But all is not lost.) My suggestion would be that you ask for a postponement of the interview and file for divorce in the interim. When you go to the interview without your wife, bring the divorce filing and ask to convert the joint petition to a waiver filing.

It should not take that long to file for divorce, and you do not have to actually be divorced to file with a waiver. You just have to have more than an "informal" separation.

If for whatever reason you cannot accomplish this by the date of the interview, your petition will be denied, however they will not come to escort you to the border right away. Your status will be converted to that of "Legal Temporary Resident." You will have to make a new filing, with a divorce waiver, before you get a date to appear for a removal hearing. If you do this, the process will basically start over.

Regardless, you have to show that you entered the marriage in good faith. Your wife's cooperation will be helpful, but not essential.

One thing to be careful about, not that you are likely to trip this up, but they will almost surely ask if you paid anyone other than USCIS or an attorney. The obvious correct, and I assume truthful, answer is "no." If you compensated anyone, like your ex, you are totally screwed.

Basically you will have to prove that you married her in good faith. You don't have to prove that you were a wonderful husband and that she was unjustified in dumping you. You just have to show that at the time you got married you intended it to be for keeps. The biggies are to show that you lived together and comingled your finances. It would be helpful to show that you did things together, visited one or both families together, traveled together, etc. You don't have to show that you cleaned up the kitchen and never belched or wore the same underwear twice. You don't even have to show that you were faithful and that she didn't leave because you were cheating on her. I'm not saying you did any of this stuff, I'm just emphasizing that your burden is just to show that you entered the marriage in good faith. it would be helpful to go to the interview with as much evidence as you have.

If your wife is willing to go to the interview with you, then you don't have to change to a waiver filing. She can even go and trash-talk you and maybe they'll believe you and maybe they'll believe her, but as long as she's there isn't not an AUTOMATIC denial. Of course you don't want to conceal the fact that you split up.

1. Have not filed for divorce. My state does not have a legal separation process. We did sign a separation agreement, but that doesn't get filed anywhere except just signed between the two of us and later presented during divorce proceedings.

2. Not sure if she will yet. She hasn't responded to me yet.

One of the lawyers said that he was very surprised that we had to wait such a long time for I-751 to get processed (close to 3 years).

They suggested to go to the interview as scheduled. However, I will definitely bring up your suggestion to the one I have chosen.

Thanks for a great advice!