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About to submit my I-751 (jointly), but my marriage might not last longer, what should I do?

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Filed: IR-1/CR-1 Visa Country:
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So I'm in a dilema, I will file my I-751 next week with my spouse, right now we don't have any "big" problems in our relationship, but I really want to get out, I know they're not the person I want to spend the rest of my life with, we think different and do things differently but somehow we have still managed to live together. I'm in my late 20s and I don't want to waste the rest of my young years living like this so I was planning to file for divorce soon, but then I found the processing for the Removal of Conditions is taking about 1 year.

 

So I've been thinking about some options, please tell me which one you think should be less risky for the Removal of my Conditions:

 

- File jointly now, wait a few months (let's say 4) to see if we get interviewed or not, then file for divorce and move out of my house (without a waiver).

- File jointly now, wait until almost the end of the process and divorce before my approval.

- File jointly now, and move out without divorcing.

- File jointly now and live another year depressed about this relationship until my Remove of Conditions is approved.

 

I have enough evidence to prove this marriage was real, so that's not a problem, the problem here is I don't know if I can't make it another year living with a person that I don't want to live with anymore.

 

Is really risky to move out without divorcing while the I-751 is processing? What options do I have?

 

Thanks.

Edited by dannymx
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Filed: Citizen (apr) Country: Canada
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Filed: Citizen (apr) Country: Brazil
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Search VisaJourney for "filing ROC with a divorce waiver".

 

Good luck!

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Filed: IR-1/CR-1 Visa Country:
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1 hour ago, SM & EF said:

Search VisaJourney for "filing ROC with a divorce waiver".

 

Good luck!

I want to hear from people that has removed conditions while moving out of the house, how easy it is, how risky could be, etc. 

 

Even though I have enough evidence, what are the chances of approval if I file with a waiver later? 

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  • 2 weeks later...
City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
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If you're asking for a win rate % no one knows.

 

BUT divorce does not affect the 'Entered into a bonifide marriage' part.  If you have strong evidence then USCIS must approve.  Its only when you submit a weak case (or documents) that USCIS assigned a fraud letter and starts investigating.

 

The biggest concern would be that you update your address promptly once you move.

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