Critical situation!!! Spouse Wants to Leave. 1-751 please help me!

[Kai G. Llewellyn 829]

Given that I-751 has been filed, I think it is possible to switch to a divorce waiver. You should notify USCIS that you want to do that. Bear in mind a divorce waiver requires a final divorce decree, so you wouldn't get your I-751 approved until your divorce was final. USCIS will issue a RFE for a divorce waiver.

 

If you don't want to divorce and want to work on the relationship and your spouse is cooperative with the I-751, you can proceed with the joint filing. You will have a higher burden of proof that your marriage is legitimate and will need to explain in detail why you aren't living together. Hopefully you've got some joint financial co-mingling and such that you can use as evidence.

Edited November 30, 2021 by Kai G. Llewellyn

[Lemonslice 4,632]

54 minutes ago, Mike E said:

Yeah that’s what I wrote.  

Doesn’t matter if the spouse  becomes hostile at the interview and based on the OP we’ve already reached that level.   
 

What matters is if the spouse withdraws from the joint petition at the interview as we saw yesterday in a separate VJ thread.  
 

If so, OP would then ask at the interview to convert the petition to an individual petition with a divorce waiver.  
 

 

I think @mindthegap would disagree about the problems that can be created by an hostile spouse. 

Best of luck to OP, in his studies, and his marriage. 

[Boiler 43,851]

This sort of reminds me of another case, now this was suspect but in this case the applicant had found himself a GF, got her pregnant, divorced, then remarried, had his 751 adjudicated without interview and was issued a 10 year GC and then applied to naturalise.

 

All the dates came out and shall we say USCIS was not happy. Think it will take years before that one is settled, if it ever is and a big bundle of lawyer fees.

 

So yes he can apply married assuming he still has a valid relationship, something in this case he does not seem bothered about.

 

Or apply with a divorce waiver, now quite what supporting evidence he has I do not know.

 

He can not sort out the situation if he stays in limbo land.

Edited November 30, 2021 by Boiler

[mindthegap 2,550]

1 hour ago, Lemonslice said:

I think @mindthegap would disagree about the problems that can be created by an hostile spouse. 

Quite. And it can happen even after you have switched to a divorce waiver and removed them from the process.

Hell hath no fury like a sociopathic narcissist scorned....

 

[Corey911 37]

22 hours ago, Tommy john said:

It’s not my fault! I’m in collage and I can’t change that 

well, you're in immigration process and to get you a status that is privilege  - things should be around your wife and you, not around your studies and you. 

[Moe428 129]

The bigger issue now is that your relationship might be on the rocks, and if you get an interview your spouse might withdraw from I-751.  Living separately is not a big deal unlike what a lot of people have said, assuming you disclosed that arrangement in I-751 package.  Searching this forum for similar situations will show a ton of results. 

 

Edited December 3, 2021 by Moe428

[jim_julian 26]

Divorce her.  You can't really change people.

 

It's very hard to believe you are a college student if you can't even spell college.

[poh 125]

It sounds like legitimate marriage gone sour.  Your spouse needs to show up for interview. Is that going to happen?

Edited December 6, 2021 by poh

[fornabroad 6]

Another possible approach would be to pause your studies, move to Maryland, win your wife's affections back, and heal the relationship. You can restart college when it's better for you such as after you have got your 10 year green card. You might also look at online-only studies.

[Rocio0010 5,577]

51 minutes ago, poh said:

under intense scrutiny by the USCIS

Not necessarily. It all depends on the evidence OP presents for a bona fide relationship .

 

51 minutes ago, poh said:

is advisable that you consult your immigration lawyer before filing the petition.

Why? There is nothing a lawyer can do that OP can’t.

[Rocio0010 5,577]

40 minutes ago, fornabroad said:

Another possible approach would be to pause your studies, move to Maryland, win your wife's affections back, and heal the relationship. You can restart college when it's better for you such as after you have got your 10 year green card. You might also look at online-only studies.

OP has already said that relocating is not possible.

[Mantonello 0]

How many years has you been married when you got your visa? If over 2 years, it’s unconditional and you don’t have anything to worry about…

[Rocio0010 5,577]

1 minute ago, Mantonello said:

How many years has you been married when you got your visa? If over 2 years, it’s unconditional and you don’t have anything to worry about…

You’re mixing a visa with a green card.

OP’s initial post says that he has filed for ROC. So he has already filed, because his original gc was conditional given that, at the time of approval, OP has been married for less than two years.

[Ontarkie 13,979]

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[Lemonslice 4,632]

10 minutes ago, ra0010 said:

OP has already said that relocating is not possible.

Unless they are in jail, it is possible.  Just something they are choosing not to do.  🤷‍♀️