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Ecmunky

question regarding separation and I751

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Been married happily for over 3 years now, I filed I751 almost 14 months ago (end of November 2017) and I already see that people that submitted on my day are starting to get approvals 

so I'm looking at anytime between tomorrow to 2 months from now and I should be approved.

we had ton of evidence so I'm not worried at all about that.

My issue is that we have problems now in our marriage and we are starting marriage counseling sessions next week.

 

What happens if within the next 2 months one of us decides to move out? Divorce in VA can take over 6 months so I know I will get the card before that but what if we start separation process - would the USCIS know about it somehow and Is it a risk since I'm right on the finish line ? we are working on it but there's always that chance that she might say "ok I'm done" 

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as long as you guys are not divorced, it does't concern the USCIS. Don't forget the whole point of the I751 is that you entered the marriage in a good faith. the separation and the divorce is not something that gets the 751 denied specially when the law allows you to divorce and apply with a waiver. So focus on proving that the marriage was entered in a good faith and wasn't entered to evade any immigration laws and you should be good specially that you said that you had tons of evidence. I'm a 751 with a waiver after a divorce and I was approved finally last week after an interview. So nothing to worry about.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 Feb 2016( Pending)(3-year Rule) 

February 2016: N-400 filed with the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

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