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Andy & Sue

I-751 Separated not divorced how to file?

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Filed: AOS (pnd) Country: England
Timeline

I have read some posts and think we have an idea how to file now. My son married his USC in June 2017, Received his conditional green card in December 2017. He is about to be 90 days from the GC expiring so he needs to file for ROC. However 3-4 mths ago his USC wife tells him she no longer loves him. Of course he is surprised, upset etc by this. Hoping the situation would resolve itself and it was just a bump in the road of a new marriage. They remained in their home although slept in different rooms. After 3 mths approx he asked his USC wife if there was any chance of reconciliation and she said no. So he asked her to vacate the family home, which was about 4 weeks ago. He has not filed for divorce yet but will soon. He now needs to file the I-751 and we would like some advice how to do so. We assume the USC wife will not be available to sign any paperwork. The main question is does he file as divorced and state divorce date to be determined and provide an explanation letter? Any help / advise would be appreciated. Oh, he has evidence of bona fide relationship, property, taxes, bank accounts etc.Many thanks!

I-129F Sent 16/05/11

I-129F NOA1 18/05/11

I-129F NOA2 23/09/11

NVC RECEIVED 12/10/11

NVC LEFT 13/10/11

CONSULATE RECEIVED 18/10/11

PACKET 3 RECEIVED 21/10/11

PACKET 3 SENT 21/10/11

MEDICAL 26/10/11

INTERVIEW 12/12/11 APPROVED!!!!

VISA RECEIVED 23/12/11

US ENTRY 31/01/12 POE PHL

MARRIAGE 11/02/12

I-485 SENT 13/03/12

I-765 SENT 13/03/12

I-131 SENT 13/03/12

BOIMETRICS APPT. 06/04/12

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