I 751 when separated but in good terms

[lgtjmei 0]

Hello,

I have my I 751 interview coming up in the next weeks. I am married to my spouse, who is a US citizen, however we have been separated during the past months. We currently do not live together: I live on the house were we both show in the lease and she got her own lease at another apartment. Even though we are separated we are trying to rebuild the relationship and she will come to the interview with me.

Can someone advise if we should bring up the separation during the interview? We do not want to lie to USCIS but we do not want to jeopardize our process?

Some other relevant information:
- We have been together since 2014. We got married in Spain in 2017 and then applied to for the Green Card, which was granted in 2018. We have never been interviewed together by USCIS.
- We have a lease contract together, but since last summer she also got her own lease contract.
- We have joint checking, savings and investments account. Even though we do not live together we have kept investing our money jointly.
- We have joint tax returns for the last 3 years.
- We are each others beneficiaries in our personal checking/savings/investments accounts
- We have pictures / travelling records of us together for the past 7 years

Thank you

[Mike E 11,740]

Absolutely bring up the separation at the interview.  This way of the marriage terminates after the interview you are protected when you file N-400 or file an I-130 for someone else. 

[da95826 387]

1 hour ago, lgtjmei said:

I have my I 751 interview coming up in the next weeks. I am married to my spouse, who is a US citizen, however we have been separated during the past months. We currently do not live together:

Is your spouse going to the interview with you?

 

If so can your spouse be relied on to support that your relationship is bonafide  and you are working to reconcile the relationship? 

 

You definitely want to be honest about the status of your relationship, if necessary you can refile an i751 waiver case if you are denied and you get a divorce later. There is no waiver for misrepresenting the status of your marriage, marriage fraud will permanently bar you from getting a green card.. 

 

If you and your spouse can prove you entered the relationship in good faith and you are working to reconcile the marriage you are likely to be approved.

[lgtjmei 0]

She will be coming to the interview with me and she will support that our relationship is bonafide / working to reconcile relationship.

 

The relationship is bonafide and we have every document to support that, plus we will be both there to state that.  I have been going through this forum and others and it looks like it could be a very short interview where we are not asked that many questions / challenged about our relationship. If that is the case, should I bring this up proactively?

 

Thank you

[Mike E 11,740]

15 minutes ago, lgtjmei said:

 should I bring this up proactively?

Yes you should. 
 

Beware that if your wife becomes at the interview, you should quickly inform the IO you wish to change to an individual divorce waiver petition. 

Edited March 7, 2022 by Mike E