I-751 Interview During Seperation?

[Transborderwife 4,666]

1 minute ago, Cmptrsdeal said:

So even though were not going in process of divorce yet. She wont be out of status? Or immigration will wait til we r divorced and her green card will stay valid til then?

Thing do get complicated, but she could file for divorce 

Edited February 6, 2017 by Transborderwife

[Villanelle 4,121]

I just want to make sure I am understanding everything..

 

You guys submitted a joint 751 some time ago. She got a notice for biometrics so far. Now you sent a letter asking to withdraw yourself from the 751 correct? If so-

 

When USCIS gets the letter (and that doesnt mean received it, but when someone there actually opens it and forwards it to the right person) that person will send her an RFE. It will basically state she is being switched to a divorce waiver and ask for the divorce decree. Im really not sure why you are interested in the specifics of what happens now- since you are withdrawing support (and going to be filing for divorce) its really none of your concern.

 

But there is a process for her to follow once she gets the RFE. The process/steps she takes will be different depending on a number of factors- again none of your concern really. Lets just say she can either have a relatively easy time filing or a more difficult time. Either way, she is able to file on her own and will most likely be approved if she has proof of the marriage being bonafide. Youve given no reason to believe that she doesnt have such proof nor that the marriage wasnt entered into in good faith but just that things changed. 

 

What you should know- IF your wife is from the Philippines, which your icon states- she can not file for divorce. I mean technically she can, but the PI doesnt recognize it unless YOU file. This is important for many immigrants from the PI- so typically they do not initiate the divorce proceedings. If you want to 'be nice'- file it yourself. If you want to cause her potential issues down the road, do not file. It can force her to. (she needs a divorce decree to satisfy USCIS for ROC) So if you wont file, she will be 'forced to'. She can choose to not file and attempt ROC under hardship and not divorce however, but most likely she will file.

She also is going to feel pressure to obtain the divorce decree asap. Most of this 'pressure' is imagined by the immigrant. Im not saying its not true, but most immigrants perceive it to be more pressure then it is. Technically the USCIS will wait for you to get your final decree. So if negotiations are taking a while, they wait. But many immigrants want to get ROC over with asap so they will be inclined to negotiate on things to obtain the decree asap. The longer the divorce takes, the longer she will be in ROC 'processing' and the more it will cost her in potential attny fees for the ROC. When you dont have the decree to send back with the RFE (that I mentioned she will be getting above) you end up in immigration court where you'll end up hiring an attny.

 

So you may be able to play on her perceived time deadline to get her to 'give' more in the divorce then she would if she didnt feel she had a deadline. Again this is a personal choice you have to make- on how to treat your spouse during a divorce. You have to live with whatever you decide. So think carefully about how much 'harm' you want to do to her since you have to look at yourself in the mirror. 

 

One last thing. Ones LPR status can only be revoked by an immigration judge. Its a popular chain of thought that if your GC expires you are out of status. Youre not. You just dont have a valid card as proof anymore, so you obtain 551 stamps to show your status. You can get a 551 stamp as long and as many times as you need to. Until/unless a judge revokes your status you are good. If you fail to file ROC your case will eventually be sent to a judge to revoke status. But since she filed, and is now switching to a waiver- thats not the case. As long as she responds to the RFE - even saying she doesnt have a divorce decree, she is good. USCIS will not process her with out the decree so they will send her to court. She will continue to be good as long as she follows up with the court, as the court will give her time to obtain a decree and wont just revoke her status. 

[NikLR 13,220]

@Damara

I think this whole post should be made a separate thread as well and pinned!  This is great advice for both immigrant and USC for how the divorce waiver process works.  People get so worried about the divorce decree and also about if they don't have the letter or green card and you've explained perfectly what really happens. 

[Hypnos 6,576]

1 hour ago, Damara said:

Its a popular chain of thought that if your GC expires you are out of status. Youre not.

They are (out of status) if they're a CPR whose green card has expired and they failed to file for RoC. 

 

For a ten year unconditional card then yes, they're still an LPR. 

Edited February 6, 2017 by Hypnos

[Ash.1101 1,755]

1 hour ago, Damara said:

 

When USCIS gets the letter (and that doesnt mean received it, but when someone there actually opens it and forwards it to the right person) that person will send her an RFE. It will basically state she is being switched to a divorce waiver and ask for the divorce decree. Im really not sure why you are interested in the specifics of what happens now- since you are withdrawing support (and going to be filing for divorce) its really none of your concern.

 

 

Yeah, that was one reason I was asking about the intentions. Does he want to know what will happen to help her? To know that she'll be on her own when/if it's pulled. There's usually reason for these questions beyond pure curiosity. And like I told him earlier, we could give him advice to make it as easier on her as possible if that's what he wants (some people do want that for their ex), or we could, like you said, tell him it's really none of his concern after that.


IMO, just file for divorce, both of you move on with your own lives. 


 

Quote

So you may be able to play on her perceived time deadline to get her to 'give' more in the divorce then she would if she didnt feel she had a deadline. Again this is a personal choice you have to make- on how to treat your spouse during a divorce. You have to live with whatever you decide. So think carefully about how much 'harm' you want to do to her since you have to look at yourself in the mirror. 

I also very much agree with this.

[Cmptrsdeal 76]

20 hours ago, Ash.1101 said:

Yeah, that was one reason I was asking about the intentions. Does he want to know what will happen to help her? To know that she'll be on her own when/if it's pulled. There's usually reason for these questions beyond pure curiosity. And like I told him earlier, we could give him advice to make it as easier on her as possible if that's what he wants (some people do want that for their ex), or we could, like you said, tell him it's really none of his concern after that.


IMO, just file for divorce, both of you move on with your own lives. 


 

I also very much agree with this.

UPDATE!!!  

 

Unsure if she is just saying this to avoid the extra trouble.  We had a long talk per her request.  She apologized and said if I can call USCIS and advise them, I want them to disregard my request to withdraw the I-751 and that she is willing to get into marriage counseling to save our marriage.  Again, unsure if she is just saying this to get me to contact USCIS, I don't even know if asking them to disregard my letter/request is even an option.  It got put in the mail Saturday evening from Ohio and it was being mailed to California.  Can I please get thoughts?  I really don't know what to do.  If she's FINALLY serious about going to marriage counseling, I would prefer to try to save my marriage than divorce....

Edited February 7, 2017 by Cmptrsdeal

[Cmptrsdeal 76]

She found out I had sent in a request to have the I-751 withdrawn and that is why she wanted to talk and I guess this is her trying to save our marriage at the last minute, but unsure if it is too late...

[NikLR 13,220]

You decide... 

 

Obviously she doesn't want to do ROC on her own.  As mentioned PI women can't start a divorce on their own without issues.  But she was just locking you out of the room until you you said you weren't going to support the ROC.  

 

Sounds like she's trying to play nice.  How much do you want to bet your marriage is over when the 10 year green card shows up?

 

I see through this as a ploy, but you know her better.  Then again I would be mad if my husband went to sleep on the couch.  Regardless of how angry we are before bed, we sleep in the same one and rarely have we not felt better in the morning. 

[Hypnos 6,576]

It's pretty obvious she wants to save her green card. 

 

USCIS aren't obligated to honour any request you make to cancel a withdrawal. 

 

This is only going to end one way.