any one went thru separation before I-751, ?

[sashKOT1 1]

hi all I read so many post about divorce or separation after getting conditional green card.
does any one here got permanent green card after separated or divorce after getting conditional green card
( temp gc) ?
my question is that what all steps need to consider when we applying  I-751 if you separated or divorce?
how easy to convince  that marriage was not fraud? and divorce or separation is in good faith?
does any one gone thru this process?
 

[Ontarkie 13,920]

~~Moved to Effects of Major Family Changes, from AOS FAmily Progress Repots~~

[Timona 3,950]

Just speak the truth. 

Yes, a lot have divorced before getting 10 years GC and have successfully gone to become citizens 

[Family 3,519]

I will assume you just got the green card and your I-485 interview was waived , based on your previous posts. You also indicated that you separated when you got EAD, so way before I-485;was approved.

 

Did your spouse file for divorce yet? 
 

You should consult a few attorneys ( worth the effort) , cause you are in a tough spot .

[Family 3,519]

As @Timona pointed out, if you describe your situation, better answers can be provided. 
You definitely established a previous relationship with your spouse, since you came in on K-1 , married in 90 days and filed your I-485 . 
What happened to the marriage and what led to the separation at EAD , BEFORE your I-485 ( green card approval). ? 
 

Did you do AR-11 to change your address or did spouse move ?

 

 

Edited August 14, 2022 by Family

[sashKOT1 1]

but q is  did  they give 10 year gc after u separate before filing 751?

[sashKOT1 1]

so i got temporary green card for 2 year and marriage is on the rock now and may lead to separation or divorce . so basically now  within that period if we separate or divorce and apply for 751 after 2 years of conditional gc  can  i get 751 approved and Gert permeant gc? 

[Family 3,519]

1 minute ago, sashKOT1 said:

but q is  did  they give 10 year gc after u separate before filing 751?

Question is did you get 2 yr green card WHILE separated ? 

Answer to your question is you CANNOT FILE an I-751 as “:separated “. It needs To be filed Joint or if you are DIVORCED already. 
 

[sashKOT1 1]

2 year gc got it without separation but now process of separation or divorce . what is separation means? living separate right?  we might do that now .but if we get divorce when i apply for 751 i will apply as divorce. so my q is any one went thru the process and got 10 year gc or conditional removed? 

[Family 3,519]

2 minutes ago, sashKOT1 said:

i got temporary green card for 2 year and marriage is on the rock now and may lead to separation or divorce . so basically now  within that period if we separate or divorce and apply for 751 after 2 years of conditional gc  can  i get 751 approved and Gert permeant gc? 

I did realize that from your first post and tried to tell you that your date of separation IS A BIG problem, since you separated when you got EAD and BEFORE the LPR date on your green card. 

You are asking about I-751 but it won’t get past go if you cannot prove your marriage…and that 2 year card was sent while marriage “ on the rocks” …and will be deemed not viable, even w no fraud finding 
 

[Family 3,519]

13 minutes ago, sashKOT1 said:

2 year gc got it without separation but now process of separation or divorce . what is separation means? living separate right?  we might do that now .but if we get divorce when i apply for 751 i will apply as divorce. so my q is any one went thru the process and got 10 year gc or conditional removed? 

I know it can be tough to get through the immigration process, but you are not doing yourself a favor by trying to give “ a right “ answer , it will bring bigger problems. 
Perhaps others can give you advice, I will sit this one out
 

 

[carmel34 3,531]

Lots of I-751s get approved with a divorce waiver, as long as the evidence of bona fide marriage is there, from the period of time prior to the divorce.  The problem in your case is the date of separation.  It sounds from your previous post that you were not living in the same residence as a married couple when the adjustment of status and green card was approved.  Consult with an experienced US immigration attorney.  Your case is likely to get scrutinized, you will have an interview for the I-751, so be honest when asked about the marriage and the date of separation.  Don't misrepresent any facts on the I-751, which you can file now with a divorce waiver and later submit the divorce decree when it is requested via an RFE.  Or hold off on filing the I-751 until your divorce is final and you have a copy of the decree.

[Timona 3,950]

You can team up with @BandBjourneyand learn from each other. He/ She just posted the same topic today.

[Mobius1 175]

Filing a joint ROC in a stable marriage and then getting separated with divorce process initiation is one thing, it happens, people / USCIS deals with it, people get approved.

 

However, getting separated prior to filing ROC is a difficult process (possibly lying). In my opinion, you need to move fast. You can file a i751 divorce waiver. 
 

Divorce waiver itself is a very convoluted process on which there are two camps of thought. One says you just can’t even file for waiver request until you have the decree. Another just “wings” it, USCIS tries to be reasonable and accepts the filing then throws the ball in your court where you must come up with the final

decree in 87 days (haha yea right..only if it took this little time to get it processed).

 

Both routes have their own troubles. Where the first one is all about timing while second one is about having nerves of steel, since you might have to face removal procedure. Both very much approvable.

 

Do yourself a favor. Hire a lawyer. Many of them provide installment payment options. Your case is not very easy nor so simple that a “know it all “ here can guide you through.
 

 

Edited August 15, 2022 by Mobius1

[Redro 4,601]

13 hours ago, sashKOT1 said:

hi all I read so many post about divorce or separation after getting conditional green card.
does any one here got permanent green card after separated or divorce after getting conditional green card
( temp gc) ?
my question is that what all steps need to consider when we applying  I-751 if you separated or divorce?
how easy to convince  that marriage was not fraud? and divorce or separation is in good faith?
does any one gone thru this process?
 

Have you received the conditional GC yet?

The last time you posted you were wondering if separating when you received EAD would be okay. 

Also, I am unclear are you the immigrant or the USC?