I-751 to be or not to be

[IStandAlone 0]

Hello all, 

 

My husband and I have been married since 04/18/14 but separated after a year.  Why?  Just I (petitioner) couldn't deal with a lot of things and kicked him out of the house. He moved in with friends, got a car, kept working and has been doing good for himself.  We talk as friends and have met on occasions as husband and wife.  The fact is I am human and I have feelings no matter what the situation is.  We both help each other when needed.  We still have cross words and we still argue.  Recently he moved back in with me but is staying in another room as he is getting ready to leave to go back home for 2 months.  His temp card is expired in April.  Legally we are still married, but he has been served with divorce papers.  We need to file his I-751.  Although we are in divorce proceedings, we are still married.  I have no problem helping him out cause no matter what there is still some love between us even thru the issues.  My divorce should be finalized in July or August.  We entered this marriage in good faith and we are still there for one another, but as a married couple we kinda suck at it.  There is no hard feelings between us and even after we divorce if either needs help we got each other covered.  

 

  So I am helping him fill out the I-751 and the question is joint filing or individual filing and AGAIN we are still legally married but I dont want to have any issues for him.  Im thinking and tell me if I am correct but he should file as an individual?  And also keep in mind that the divorce is not being challenged and the reality is that he has not answered and I dont think he will answer and it goes into default.  I am just trying to figure this out.  

 

Perhaps the next question is what happened between us for me to kick him out.  Just some things that he said often to me that ticked me off and I felt as if I was doing more than my share of responsibilities.  He just never helped me in the home and took better care of his friends and family rather than his own wife and I just blew it.  

 

So, I sure could use some advice here.  

[Rc123rc 528]

Maybe you ought to just finish the divorce first and let him file on his own with a divorce waiver. You can help him answer questions on the forms though. If he is not contesting the divorce he probably should respond. The whole process might go faster.

[IStandAlone 0]

With having said that how do we even answer the question - filing jointly or filing as an individual - he has to have this filed tomorrow 

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to Effects of Major Family Changes on Immigration Benefits forum.