Divorce before or after filing i-751

[mimipimpaporn 4]

Background: I got married to my spouse in January 2021 and received my conditional green card in March 2022. I'm about to file i-751 in December, however, we have been separated since June this year (2023). 

We tried so many things and went to marriage counseling for almost a year and even our counselor agreed that sometimes the best that we can get out of the counseling is realizing that we shouldn't keep causing each other pain anymore.

We were in a relationship since 2017 and I thought I knew the person well enough but long-distance relationship can be cruel, I didn't learn about his issues with alcohol until we started living together. He also had severe attachment and abandonment issues that didn't allow him to connect with me in a deeper level. We tried going through individual therapy, for him to work through those issues and for me to learn how to cope when I'm triggered (I have a father with alcohol issues as well). But it just didn't work out unfortunately.

 

Current Situation: Right now, he wants to get divorce as soon as possible (he's going through much pain and has been suicidal because of the breakup) but is willing to push it back until a few months after I file i-751. I also want to get it done too but I'm not sure if it's better for me to start the divorce process while i-751 is pending. I'm willing to push as much as I need to. So right now I'm considering...

 

1. Starting the divorce process now, before filing i-751. My concern is that my chances of getting approved would be lower and the process would take longer.

2. File i-751 in December 2023, and sometime at the first half of 2024, start the divorce process. My concern is that it would complicate the immigration process. But I also feel like it might give me a better chance of approval.

 

I'm also not sure if I should hire a lawyer to do this for me. I know I'm very capable of getting all the paperwork ready. I did everything myself the first time around to get the conditional one. But I was wondering if having a lawyer would increase my chance somehow. I attached a picture of the documents I have prepared so far to prove that my marriage was of good faith. 

 

If anyone thinks lawyer is a way to go, can you give me an estimate of how much it would cost?

 

Thank you so much.

 

P.S. 

Other info about me... I'm based in Madison, WI and have been working full-time since I got my green card.

I work as a research analyst. I also had been supporting my spouse financially since he's still in school and only works part-time.
So, I was the main source of income in the family. He's still on all of my premium insurance and is also my beneficiary since I know he needs it until he graduates next year and starts working full-time.

 

 

Edited October 4, 2023 by mimipimpaporn

[Mike E 11,723]

7 minutes ago, mimipimpaporn said:

But I also feel like it might give me a better chance of approval.

Why do you think so?

 

I suggest option 1.

[mimipimpaporn 4]

3 minutes ago, Mike E said:

Why do you think so?

 

I suggest option 1.

I guess I heard many people said the further we can push the divorce back the better it is. 

Can you explain why option 1 is better? Thank you.

[Bruno1234 5]

9 minutes ago, mimipimpaporn said:

Background: I got married to my spouse in January 2021 and received my conditional green card in March 2022. I'm about to file i-751 in December, however, we have been separated since June this year (2023). 

We tried so many things and went to marriage counseling for almost a year and even our counselor agreed that sometimes the best that we can get out of the counseling is realizing that we shouldn't keep causing each other pain anymore.

We were in a relationship since 2017 and I thought I knew the person well enough but long-distance relationship can be cruel, I didn't learn about his issues with alcohol until we started living together. He also had severe attachment and abandonment issues that didn't allow him to connect with me in a deeper level. We tried going through individual therapy, for him to work through those issues and for me to learn how to cope when I'm triggered (I have a father with alcohol issues as well). But it just didn't work out unfortunately.

 

Current Situation: Right now, he wants to get divorce as soon as possible (he's going through much pain and has been suicidal because of the breakup) but is willing to push it back until a few months after I file i-751. I also want to get it done too but I'm not sure if it's better for me to start the divorce process while i-751 is pending. I'm willing to push as much as I need to. So right now I'm considering...

 

1. Starting the divorce process now, before filing i-751. My concern is that my chances of getting approved would be lower and the process would take longer.

2. File i-751 in December 2023, and sometime at the first half of 2024, start the divorce process. My concern is that it would complicate the immigration process. But I also feel like it might give me a better chance of approval.

 

I'm also not sure if I should hire a lawyer to do this for me. I know I'm very capable of getting all the paperwork ready. I did everything myself the first time around to get the conditional one. But I was wondering if having a lawyer would increase my chance somehow. I attached a picture of the documents I have prepared so far to prove that my marriage was of good faith. 

 

If anyone thinks lawyer is a way to go, can you give me an estimate of how much it would cost?

 

Thank you so much.

 

P.S. 

Other info about me... I'm based in Madison, WI and have been working full-time since I got my green card.

I work as a research analyst. I also had been supporting my spouse financially since he's still in school and only works part-time.
So, I was the main source of income in the family. He's still on all of my premium insurance and is also my beneficiary since I know he needs it until he graduates next year and starts working full-time.

 

 

Honestly, I would highly recommend going to a immigration lawyer for consulting they might charge you a one time consulting fee which will be totally worth it or there are a lot of lawyers who do free first time consultation as well.

They might have the best answer you need firstly, because they might be getting similar cases to you, someone from the forum would give you a great suggestion I totally believe that but remember every case is different some might have strong evidence some might not.

so I suggest create a list of questions and possibilities you can think of and just discuss with the lawyer.

 

Best of luck.

[Boiler 43,462]

The only option you have is filing with a divorce waiver.

[Mike E 11,723]

6 minutes ago, mimipimpaporn said:

I guess I heard many people said the further we can push the divorce back the better it is

Not seeing that logic at all.

 

You are delaying the divorce filing 6 months in the apparent hope I-751 will be approved before filing for divorce. That probably will not happen.

 

The result will be a more complex case, since you will have to amend your I-751 from a joint filing to a divorce waiver. Versus starting off with a divorce waiver in the initial I-751.

 

Are you two living at the same physical address? 

[mimipimpaporn 4]

1 minute ago, Mike E said:

Not seeing that logic at all.

 

You are delaying the divorce filing 6 months in the apparent hope I-751 will be approved before filing for divorce. That probably will not happen.

 

The result will be a more complex case, since you will have to amend your I-751 from a joint filing to a divorce waiver. Versus starting off with a divorce waiver in the initial I-751.

 

Are you two living at the same physical address? 

No, we separated since June this year. He just has no permanent place to stay and has been forwarding all his mail to my place.

 

[Boiler 43,462]

3 minutes ago, mimipimpaporn said:

No, we separated since June this year. He just has no permanent place to stay and has been forwarding all his mail to my place.

 

I am going to take that as meaning he moved out.

[Mike E 11,723]

3 minutes ago, mimipimpaporn said:

No, we separated since June this year. He just has no permanent place to stay and has been forwarding all his mail to my place.

 

1. So with your plan A, what address was he going to use for his physical address in the joint I-751? Were the physical address of you and he going to be the same in I-751?
 

2. Have you moved from where you living prior to the separation?

[OldUser 4,833]

Hi, sorry you're going through marriage breakdown.

 

There's no reason or benefit staying married, but separated just for I-751.

How long does a divorce take in your jurisdiction? If your spouse is cooperative, you may want to divorce ASAP and file I-751 with evidence of marriage entered in a good faith.

[OldUser 4,833]

54 minutes ago, mimipimpaporn said:

I guess I heard many people said the further we can push the divorce back the better it is. 

Can you explain why option 1 is better? Thank you.

You're not living together since June. 

USCIS will mostly be interested in evidence of bonafide marriage between the date you got married and June 2023.

They'll consider a statement from your spouse dated later and the divorce decree.

[mimipimpaporn 4]

57 minutes ago, Boiler said:

I am going to take that as meaning he moved out.

We both moved out. I'm currently living with a roommate. 

[OldUser 4,833]

Just now, mimipimpaporn said:

We both moved out. I'm currently living with a roommate. 

Divorce ASAP and file I-751 with waiver.

Did you file AR-11 for your move?

Good lawyer won't hurt.

[mimipimpaporn 4]

4 hours ago, Mike E said:

2. Have you moved from where you living prior to the separation?

We both moved out in June. 

[mimipimpaporn 4]

3 hours ago, OldUser said:

They'll consider a statement from your spouse dated later and the divorce decree.

Hi OldUser, I'm not sure what this mean. Can you please elaborate more? Thank you.