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Separation/Possible Divorce and Pending I-751

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Hello Everyone!


I realize this is a question that gets asked from time to time, but being a more personal situation that can vary for each person, I thought I would ask about my situation for myself.


In early October of 2018, my husband and I worked on and filed his I-751 to remove conditions jointly. Over the next few months we had some real discussions about our marriage and our goal for the future and what we wanted for ourselves. Turns out you still have a lot of growing and changing after age 20/22 and a marriage that seemed like the very best idea in the world at the time, doesn't always continue to be so. Were still in the discussion phase of all of this, but have been doing what we can to be fully informed on all of the options going forward and the possible consequences of each decision. 


Our lease is up next month, and there has been discussion about possible living apart for going forward. Divorce has also been discussed. I am vaguely aware of the process for switching to a waiver case if that is what we end up deciding, but I guess I want to know what other choices we may have, and the possible risks of them.


We still have a very friendly relationship. This is a person I do care about and love and I have told him I am willing to support him with whatever he needs immigration-wise, and that he shouldn't feel pressured to stay with me if that's not what he wants in fear that I would try and screw him over some how in terms of his residency. We recently went together to his biometrics appointment, even though I wasn't actually allowed in the building while it was happening. 


I guess my concerns are about the legality/morality of continuing with the joint I-751 path when we aren't exactly in a den of marital bliss right now. Realistically, even if we did decide to get divorced, I believe there is a 120 day  waiting period after you file before you even get a hearing in Wisconsin. I'm not sure where that would put us exactly when it comes to processing times. 


My biggest fear, whether rational or not so, is somehow getting denied in case we don't seem "married enough" anymore. Does anyone have any thoughts or advice on this?

Edited by MorganandMichael



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Filed: K-1 Visa Country: India

Do you have enough financial intermingling like joint bank accounts, 40IK beneficiary to each other . joint lease, bill to each other name, medical insurance with beneficiary, car insurance together, rental insurance , any visit together with hotel and air tickets etc or just let the board know what kind of documents did you submit?


Also read divorce filing of different I-751 in the board after searching, you will get a lot of answers or might be lucky to find case similar to you

Edited by dilip

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Filed: Citizen (apr) Country: Pakistan

From I751 divorce waiver filing point of view: the requirement is of a divorce that's been granted by the court. So unless that or the filing of divorce papers has happened, I think, I751 application would remain in status quo and there is no need to update it with anything. 

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