Filed i751 (ROC) which is being being processed, but spouse and I are talking about separating

[updown 18]

We filed i751 back in Feb (approx 6 months ago) and it is currently being processed as usual. However, spouse and I are talking about separating and living in different places.

 

I believe I need to file both a change of address (AR-11) and write a letter to USCIS to tell them our plans to separate. Am I missing anything else?

[PaulaCJohnny 712]

Separation or divorce?

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32 minutes ago, PaulaCJohnny said:

Separation or divorce?

Separation (living apart, not legally separating or divorce yet)

[Boiler 43,438]

Seperation is not a thing as far as USCIS are concerned, there is the Divorce Waiver.

[Dashinka 23,247]

If you are separating for reasons such as work, or school, but not divorcing, then nothing changes for the I751 process.  That being said, if you have an interview, you will need to be able to explain why you are living apart.

[Crazy Cat 39,258]

Could be an issue if it is due to a marital issue.  Your plan to inform USCIS is sound.

Edited August 10, 2022 by Crazy Cat

[Mobius1 175]

Address change definitely. Though this may prompt inquiry from them.

 

Separation, not a must since you may still reconcile. What you need to realize, once you ring the divorce waiver bell, you can’t take it back (as far as I know) so think long and hard before you do that.

 

Once you are decided on getting on with the divorce, think if it will be done quick. You will get an RFE to provide final divorce within 87 days. Depending on the officer and your divorce progress, you may be able to buy more time. If you can’t provide it, you will be denied and likely sent to immigration court for removal, where you will have another shot at removing your conditions.

 

Most lawyers try to avoid the court route.

 

Either ways, what’s important is that if you separate and reconcile, it will invite extra scrutiny come your interview. If you divorce and get your final order, make sure to convert your i751 to waiver.

 

Bottom line: This is not a DIY anymore, hire a lawyer and get professional advice instead of saving some bucks and gambling with your future in the US

[Family 3,483]

43 minutes ago, Mobius1 said:

What you need to realize, once you ring the divorce waiver bell, you can’t take it back (as far as I know) so think long and hard before you do that.

Excellent advice from @Mobius

Also try getting some marriage counseling sessions, will help both your “ talks” w spouse and very valuable to your I-751 down the road. 

If spouse is willing, have her write a Statement in Support of your marriage , now , while you two are still talking..get it notarized ( w a JURAT) and this too wil help down the road.

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5 hours ago, Mobius1 said:

Bottom line: This is not a DIY anymore, hire a lawyer and get professional advice instead of saving some bucks and gambling with your future in the US

Thank you, this entire response makes sense and I was on the fence whether to contact a lawyer, so I will do that. 

 

Appreciate it!

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4 hours ago, Family said:

Also try getting some marriage counseling sessions, will help both your “ talks” w spouse and very valuable to your I-751 down the road. 

If spouse is willing, have her write a Statement in Support of your marriage , now , while you two are still talking..get it notarized ( w a JURAT) and this too wil help down the road.

Thank you, sadly my husband isn't willing to try therapy whether solo or together. Though he says he is willing to support our marriage when it comes to my current ROC case, so I think that is a good thing.