I-751 Interview During Seperation?

[Cmptrsdeal 76]

My wife and I are no longer together and we live in Ohio.  She has her interview for I-751.  Am I required to go with her?   If I am suppose to go, will anything happen if I don't go?

[Georgia16 2,858]

How long til the divorce will be final?

[Hypnos 6,576]

Required? No. But if it's a joint filing and you don't go then she will likely be denied. 

[Cmptrsdeal 76]

55 minutes ago, Georgia16 said:

How long til the divorce will be final?

hopefully within a few months.  as soon as she became a nurse, my job and money was not good enough and she would always tell me I am a screwup and I messed her life up and I will always be never good enough for anyone and also, she regrets ever marrying me and I can't do anything right.  I have all the msgs she sent me saying this.  I just want out and do not want to be involved in this.  I already wasted enough time and energy to try to make this work. 

Edited February 1, 2017 by TBoneTX
to remove foul language

[Cmptrsdeal 76]

8 minutes ago, Hypnos said:

Required? No. But if it's a joint filing and you don't go then she will likely be denied. 

what does that mean?   what happens if she's denied?  she's just not getting her 10 yr green card and she just has to keep renewing her 2 yr gc?

[Hypnos 6,576]

It means she would no longer have a valid green card and she would most likely be referred to ICE and immigration court where her deportation would be sought. 

 

If she's eligible to file under a divorce waiver filing then they may allow her to switch. 

Edited February 1, 2017 by Hypnos

[Georgia16 2,858]

41 minutes ago, Cmptrsdeal said:

hopefully within a few months.  as soon as she became a nurse, my job and money was not good enough and she would always tell me I am a screwup and I messed her life up and I will always be never good enough for anyone and also, she regrets ever marrying me and I can't do anything right.  I have all the msgs she sent me saying this.  I just want out and do not want to be involved in this.  I already wasted enough time and energy to try to make this work. 

Then don't show up. You guys are not together anymore. When divorce is final she can apply by herself with that if it's not denied before that

Edited February 1, 2017 by TBoneTX
to remove foul language

[TBoneTX 43,413]

A post and a quote of it have been edited to remove prohibited language.

[Cyberfx1024 7,978]

1 hour ago, Cmptrsdeal said:

what does that mean?   what happens if she's denied?  she's just not getting her 10 yr green card and she just has to keep renewing her 2 yr gc?

You are not required to go at all, but what will happen is that she will more than likely be denied and she would have to refile again with a divorce waiver. If this is again denied then she would referred to ICE for deportation. 

[Cmptrsdeal 76]

42 minutes ago, cyberfx1024 said:

You are not required to go at all, but what will happen is that she will more than likely be denied and she would have to refile again with a divorce waiver. If this is again denied then she would referred to ICE for deportation. 

If I have no intention of going, would there be any purpose of just mailing a letter of withdraw of the I-751, since we filed it jointly?

[Cmptrsdeal 76]

52 minutes ago, cyberfx1024 said:

You are not required to go at all, but what will happen is that she will more than likely be denied and she would have to refile again with a divorce waiver. If this is again denied then she would referred to ICE for deportation. 

So if the divorce doesn't come through for awhile and she gets denied that I didn't go with her to the interview...what happens for the time being till the divorce is final?  is she still ok to work and all that good stuff, even if it takes months for divorce to finalize?

[Hypnos 6,576]

It wouldn't be the worst idea. 

[mindthegap 2,543]

 

This is an extract from the interview letter she would have received (taken from mine recently).

 

http://thumbsnap.com/i/rxNdicp6.jpg[/IMG]

 

Note that it says you - as the US citizen sponsor- MUST attend.

This is, of course, rubbish, as no-one can force you to attend, nor are you legally required to do so. If you want to, it would help her out, but if you don't want to, then you don't.

 

Since she has been called to interview, writing to withdraw your participation in a joint petition is pretty pointless at this stage, as you will be removed from the equation as soon as she informs them at the interview divorce has commenced. 'Where is your husband' will be the very first question asked, followed by 'are you divorced?', both probably before even sitting down in the interview room and swearing the oath.

 

 

 

If you were not to attend and divorce had not been filed, then it would be marked as a no-show and the petition denied.

 

However, as divorce has been filed and is in-process, if you do not go then she will be able to add a divorce waiver at the interview to the existing petition, which will remove you from the equation as it will no longer be a joint petition, and she will not be required to re-file from scratch. This is ONLY applicable if divorce proceedings have commenced and documents can be provided to prove this.

If the divorce is final at the time of the interview and documents are provided backing this up, then - subject to sufficient evidence of bona-fide-ness being provided - she will be approved. If divorce is not final at the time of the interview, she will receive an RFE requesting that the final decree be submitted within 87 days, and neither her status or permission to work is affected during this RFE period. 

 

 

Also see here, which despite the 2009 issue date, remains current policy: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

 

Edited February 1, 2017 by mindthegap

[Ash.1101 1,755]

10 hours ago, Cmptrsdeal said:

what does that mean?   what happens if she's denied?  she's just not getting her 10 yr green card and she just has to keep renewing her 2 yr gc?

 

8 hours ago, Cmptrsdeal said:

So if the divorce doesn't come through for awhile and she gets denied that I didn't go with her to the interview...what happens for the time being till the divorce is final?  is she still ok to work and all that good stuff, even if it takes months for divorce to finalize?

You don't just continuously renew the 2 year. You get 1 two year if you're married for 2 years or less when you receive the GC, and then you have to ROC and get your 10 year, once you have your 10 year, you can keep renewing that, but the 2 year has no renewal as ROC IS the renewal.

Once her green card expires she's out of status and I don't believe she can work past that point. I'm unsure if she can work after the denial, I'd imagine she couldn't. They don't care how long the divorce takes, ideally if she's denied she can be out of status once her 2 year GC is up and leave, or she can be out of status and be here illegally until she gets removed or the divorce happens and she ROC's based on waiver. 

I can't tell if you're trying to help her or put her in a bad situation. I've seen people here go to interviews of the person they are separated from to help the GC holder and they explained they are separated right now, but helped with proving the good faith marriage. I've also seen people not go to try to put the person in a bad position.

[Cmptrsdeal 76]

16 hours ago, mindthegap said:

 

This is an extract from the interview letter she would have received (taken from mine recently).

 

http://thumbsnap.com/i/rxNdicp6.jpg[/IMG]

 

Note that it says you - as the US citizen sponsor- MUST attend.

This is, of course, rubbish, as no-one can force you to attend, nor are you legally required to do so. If you want to, it would help her out, but if you don't want to, then you don't.

 

Since she has been called to interview, writing to withdraw your participation in a joint petition is pretty pointless at this stage, as you will be removed from the equation as soon as she informs them at the interview divorce has commenced. 'Where is your husband' will be the very first question asked, followed by 'are you divorced?', both probably before even sitting down in the interview room and swearing the oath.

 

 

 

If you were not to attend and divorce had not been filed, then it would be marked as a no-show and the petition denied.

 

However, as divorce has been filed and is in-process, if you do not go then she will be able to add a divorce waiver at the interview to the existing petition, which will remove you from the equation as it will no longer be a joint petition, and she will not be required to re-file from scratch. This is ONLY applicable if divorce proceedings have commenced and documents can be provided to prove this.

If the divorce is final at the time of the interview and documents are provided backing this up, then - subject to sufficient evidence of bona-fide-ness being provided - she will be approved. If divorce is not final at the time of the interview, she will receive an RFE requesting that the final decree be submitted within 87 days, and neither her status or permission to work is affected during this RFE period. 

 

 

Also see here, which despite the 2009 issue date, remains current policy: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

 

 

On the letter she received,  it doesn't show that.  here is what I see on the letter:

 

at top it says For I797C Notice of action

 

This notice does not grant any immigration status or benefit. 

 

part 1:  Attachment removed do to personal information

 

part 2:  

 

 

UNSURE WHY UPSIDE DOWN< I REDID IT SHOWING CORRECTLY AND IT STILL SHOWS THIS...

 

.IT SHOWS NOTHING ABOUT ME HAVING TO BE AT THE INTERVIEW... ANY IDEA?   Should I submit a withdraw request? 

Edited February 2, 2017 by Ontarkie
Removed personal information.