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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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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?



Edited by dannymx

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~~Non contributory post removed along with one quoting. Stick to answer the question or do not post.~~


Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS


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


Good luck!

07/31/05 First met in Ft Lauderdale

06/26/13 DOMA overturned

07/16/13 Married in Rockville, Maryland

08/22/13 Day 0 Mailed AOS Package to Chicago Lockbox (I-130, I-485, I-765)

11/20/13 Day 90 AOS Interview completed - Approved!

09/01/15 Day 740 I-751 Mailed ROC packet to California Service Center

04/08/16 Day 960 I-751 RFE received - need to provide more evidence of financial commingling

05/03/16 Day 985 RFE response sent

06/07/16 Day 1020 I-751 approval notice received

06/16/16 Day 1029 10-year greencard received

11/16/16 Day 1182 Mailed N-400 citizenship application

08/21/17 Day 1460 Received alert that naturalization interview was scheduled

09/28/17 Day 1498 N-400 interview completed - Approved!

10/20/17 Day 1520 Oath ceremony finished - now a US Citizen

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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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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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