NEED advise I-751 pending

[Johnmayer 0]

Hi everyone,

I have been waiting with I-751 pending to be removed for the pass 4 years now. Right now I am separating(not divorce) with her, the decision is from me. I am scare for my immigration status after USICI find that. NEED advise , please? 

Thanks

[JFH 12,189]

*~*~*moved from “IR-1/CR-1 spouse visa process and procedures” to “removing conditions”*~*~*

[Ash.1101 1,755]

USCIS only cares if you're married or divorced for the most part.

The key is, is that even if you are separated your spouse will need to come to the interview. The only way for your spouse to not come to the interview is if you divorce and finish ROC with a divorce waiver.

To USCIS you're either married or divorced, there's no in between.

[Johnmayer 0]

Hi Ash (thanks for your reply) and Everyone,

So at the interview, what will happened if she is not supportive because of the separation? what is the interview about or what type of question do they ask?

Thanks

 

Edited June 16, 2019 by Johnmayer

[geowrian 22,336]

8 minutes ago, Johnmayer said:

Hi Ash (thanks for your reply) and Everyone,

So at the interview, what will happened if she is not supportive because of the separation? what is the interview about or what type of question do they ask?

Thanks

Do you intend to divorce? If so, you can request a change to divorce waiver and she doesn't need to be there. You would then get an RFE to submit the final divorce decree before they can approve the case.

 

If you don't intend to divorce, then it's still a joint petition and it is expected that she will be there. At that point, you are essentially putting your fate in their hands...they have no legal obligation to be supportive.

[Pitaya 2,576]

7 minutes ago, Johnmayer said:

Hi everyone,

I have been waiting with I-751 pending to be removed for the pass 4 years now. Right now I am separating(not divorce) with her, the decision is from me. I am scare for my immigration status after USICI find that. NEED advise , please? 

Thanks

 

1 hour ago, Johnmayer said:

Hi everyone,

I have been waiting with I-751 pending to be removed for the pass 4 years now. Right now I am separating(not divorce) with her, the decision is from me. I am scare for my immigration status after USICI find that. NEED advise , please? 

Thanks

Ah, is there a good reason for you do double post the same posting?

[Ash.1101 1,755]

27 minutes ago, Johnmayer said:

Hi Ash (thanks for your reply) and Everyone,

So at the interview, what will happened if she is not supportive because of the separation? what is the interview about or what type of question do they ask?

Thanks

 

Make sure to read what @geowrian said.

I believe there have been very far and few cases where the couple was separating and the spouse came and vouched for their marriage and that it was done in good faith but that it just didn't work out. Those turned out okay but they also had the separated spouses full support.

It's up to USCIS if they want to even entertain you if your wife doesn't show up. If your wife does show up but isn't supportive then I'd just be very careful.

If you feel that there is no chance for reconciliation you may want to go ahead and start with the divorce.

[MohU3 57]

6 hours ago, Johnmayer said:

Hi everyone,

I have been waiting with I-751 pending to be removed for the pass 4 years now. Right now I am separating(not divorce) with her, the decision is from me. I am scare for my immigration status after USICI find that. NEED advise , please? 

Thanks

If you don't mind me asking what is the point of separation ?

Are you guys working your problems out and there's a chance that you get back together ? If yes, so I would try to work everything out quickly and explain to her the immigration issue and that she needs to be supportive in either case (you back together or still separated at the time of the interview)

 

Or you guys decided you're not getting back together and too lazy to get a divorce ? If yes, so I would go ahead and start the divorce process ASAP and notify the USCIS and switch to a divorce waiver and try to get the 751 approved by yourself and no need for her.

 

The 751 being pending for 4 years is not normal so probably either there's more to the story or you're under background check more than normal for a reason. So I wouldn't risk being separated (not married and not divorced either) in the rest of your journey of the 751.

 

[Scandi 3,977]

8 hours ago, MohU3 said:

If you don't mind me asking what is the point of separation ?

Are you guys working your problems out and there's a chance that you get back together ? If yes, so I would try to work everything out quickly and explain to her the immigration issue and that she needs to be supportive in either case (you back together or still separated at the time of the interview)

 

Or you guys decided you're not getting back together and too lazy to get a divorce ? If yes, so I would go ahead and start the divorce process ASAP and notify the USCIS and switch to a divorce waiver and try to get the 751 approved by yourself and no need for her.

 

The 751 being pending for 4 years is not normal so probably either there's more to the story or you're under background check more than normal for a reason. So I wouldn't risk being separated (not married and not divorced either) in the rest of your journey of the 751.

 

Some states require a separation for x months (California has a 6 month separation requirement) before you can start the divorce process. So it doesn't have to do with "being lazy" etc. Calm down.

Edited June 16, 2019 by Scandi

[dwheels76 5,463]

14 hours ago, Johnmayer said:

Hi everyone,

I have been waiting with I-751 pending to be removed for the pass 4 years now. Right now I am separating(not divorce) with her, the decision is from me. I am scare for my immigration status after USICI find that. NEED advise , please? 

Thanks

Okay something is very wrong. Your I-751 was filed 4 years ago?

Goodness you could have filed for citizenship and been done.

Seems more concerning what is going on with your case.

Have you contacted USCIS to inquiry? Put in a service request?

Have you got the 551 stamp in your passport? Since the extension letters are only good forc18 months.

You need to find out about your case?

What does your case status say?

Like I send you need to find out what's up with your case 4 years something is very wrong.

 

[Cathi 5,621]

I'm wondering why your ROC has been pending for four years?

[Sextus Empiricus 15]

Your case does not appear straightforward just from the amount of time your 751 has been pending. In light of that I will recommend you take no chances or steps that can make it worse e.g. going to the interview with a spouse when your relationship is on shaky ground especially when you’re the one separating from her.

 

Proceed with a divorce since you’re the one asking for a separation and expect no help from her. I hope this was a genuine marriage.

[Johnmayer 0]

Thanks everybody for you input, I miscalcuted, it has been actually 2 years since we file in I-751 and 4 since I arrived here. 

[MohU3 57]

On 6/16/2019 at 8:40 AM, Scandi said:

Some states require a separation for x months (California has a 6 month separation requirement) before you can start the divorce process. So it doesn't have to do with "being lazy" etc. Calm down.

I really didn't mean being lazy as a bad thing. All I meant was like if you're busy with everyday life things and just postponing getting divorced, so You should make it your priority. That's all I meant