Spouse asking for divorce after filling I-751 jointly

[Bigmeg 5]

Hello, 

The weirdest thing happened lately, after my fall semester doing grad studies my wife wouldn’t let me return home, She said I couldn’t return home and we have to figure out a divorce. This is happening after we’ve filed I-751 jointly. Since I didn’t want to make any hasty decisions I suggested to her for us to see a marriage counselor, she’s not agreeing anyways. I’m just confused and feeling not so good today, I want to save my marriage but it requires effort from us both. However, I’m left with lots of questions in my head, but I want to ask for the most practical solution on going about my immigration? Any advice will help. 
 

bigmeg

[millefleur 5,035]

**Moved from General Immigration-Related Discussion to Effects of Major Family Changes on Immigration Benefits**

[powerpuff 5,904]

Well, you can’t really force her to do something she doesn’t want. I think it would be best to have a face to face conversation about this since it’s a pretty serious topic. Just a personal opinion but if you’re saying you want to save the marriage, you should move back/transfer to a college near your wife to try to reconcile (that is if she would be open to it).

Regarding immigration, the simplest thing would be to get a divorce, you can request USCIS to switch your I-751 to a divorce waiver and provide a copy of a divorce decree once it’s ready and in your hands. 

[mushroomspore 3,043]

On 12/11/2021 at 12:27 PM, Bigmeg said:

Hello, 

The weirdest thing happened lately, after my fall semester doing grad studies my wife wouldn’t let me return home, She said I couldn’t return home and we have to figure out a divorce. This is happening after we’ve filed I-751 jointly. Since I didn’t want to make any hasty decisions I suggested to her for us to see a marriage counselor, she’s not agreeing anyways. I’m just confused and feeling not so good today, I want to save my marriage but it requires effort from us both. However, I’m left with lots of questions in my head, but I want to ask for the most practical solution on going about my immigration? Any advice will help. 
 

bigmeg

Really sorry to hear. That's a big (removed). But if she's not agreeing to a marriage counselor or anything else that could help the marriage, it means she has checked out mentally. Divorce is your only option now. Get a divorce lawyer and start the process. Send a letter to USCIS to request your file be updated with a divorce waiver. Send evidence that you've started the process and will provide the official divorce decree when it comes in. It's a common situation and USCIS doesn't see divorce as a "strike" against the immigrant or anything like that. And I still suggest seeing a counselor, but for yourself to work through this situation because it is not over emotionally for you.

Edited December 14, 2021 by Ontarkie
edited for language

[Bigmeg 5]

1 minute ago, powerpuff said:

Well, you can’t really force her to do something she doesn’t want. I think it would be best to have a face to face conversation about this since it’s a pretty serious topic. Just a personal opinion but if you’re saying you want to save the marriage, you should move back/transfer to a college near your wife to try to reconcile (that is if she would be open to it).

Regarding immigration, the simplest thing would be to get a divorce, you can request USCIS to switch your I-751 to a divorce waiver and provide a copy of a divorce decree once it’s ready and in your hands. 

Hi, my school is just 3hrs away. I go back and forth. 

[powerpuff 5,904]

2 minutes ago, Bigmeg said:

Hi, my school is just 3hrs away. I go back and forth. 

I see. As I said previously, switching to a divorce waiver is your only option if reconciliation is not an option. 

[Bigmeg 5]

8 minutes ago, mushroomspore said:

Really sorry to hear. That's a big mindf***. But if she's not agreeing to a marriage counselor or anything else that could help the marriage, it means she has checked out mentally. Divorce is your only option now. Get a divorce lawyer and start the process. Send a letter to USCIS to request your file be updated with a divorce waiver. Send evidence that you've started the process and will provide the official divorce decree when it comes in. It's a common situation and USCIS doesn't see divorce as a "strike" against the immigrant or anything like that. And I still suggest seeing a counselor, but for yourself to work through this situation because it is not over emotionally for you.

She already prepared a divorce paper she wanted me to sign. I’ve been withholding to sign with hopes we could reconcile. Then she took the next step asking me not to return home after I finished my fall semester exams.

[Crazy Cat 39,254]

1 hour ago, Bigmeg said:

Hello, 

The weirdest thing happened lately, after my fall semester doing grad studies my wife wouldn’t let me return home, She said I couldn’t return home and we have to figure out a divorce. This is happening after we’ve filed I-751 jointly. Since I didn’t want to make any hasty decisions I suggested to her for us to see a marriage counselor, she’s not agreeing anyways. I’m just confused and feeling not so good today, I want to save my marriage but it requires effort from us both. However, I’m left with lots of questions in my head, but I want to ask for the most practical solution on going about my immigration? Any advice will help. 
 

bigmeg

Divorce and change to waiver would seem to be the most appropriate route for your immigration path.

[El Escocés 217]

14 minutes ago, Bigmeg said:

She already prepared a divorce paper she wanted me to sign

I’m really sorry to have read about you and your spouse’s situation. I hope both of you come through it stronger and this does not affect your upcoming exams. Good luck

[SalishSea 16,772]

Your option is divorce waiver.  As you found out when you posted on this same topic on 10/1.