RFE: Removal of Conditions, Still Married but separated & Living apart & on good terms

[Adrii 208]

Looking for some advice / hoping to find people that have been in a similar situation & my apologies this is a long one.

 

Backstory: I immigrated from Australia on a K1 Visa at the end of 2018. 

Married in 2018, recieved my Greencard in 2019.

 

In August of 2020, my husband and I decided to take some time apart.

Incase people want the nitty gritty details / incase it matters - he was getting out of the Military and was wanting to go home to Green Bay, WI to spend some time with his family while he planned his next career move.

At the time we were living together in Arlington, VA (this was where he was stationed) I had built a great support network of friends and had a stable job with great income and it didn't make sense for me to quit my job and move to Green Bay and have no combined income.

 

So in summary he went to Green Bay, WI & I stayed in VA working and I signed a lease on an aparment on my own and he was staying with his family in Green Bay, (no lease) and he was not working.

 

In September 2021 it was time for me to file for the removal of conditions. At this time I was still living solo in Arlington and working and he was still at home in Green Bay staying with family and not working.

 

In this packet I included:

- a personal statement signed by both myself and my husband outlining our current situation - (the fact that he was now living in Green Bay and I was in Arlington and that although we were living apart we were still in regular contact and had planned to reunite once he decided on his next career path, ((at the time he was considering joining a different branch of the military))

- Jointly filed tax returns for 2019 & 2020

- Our original lease agreement from Arlington from 2018 - 2020

- Joint Car insurance

- Joint cell phone bill

- A travel itinerary for my spouse to visit me in Arlington

- Vet records for our two dogs showing joint ownership

- 2 affidavits from friends

- Photographs

 

Fast forward to present day. March 18 2024 - I got an RFE asking for additional evidence to show my spouse and I entered into our marriage in good faith and continue to share a life together.

 

Now here is where I need the adivce.

While my husband and I entered into this marriage in good faith with all intentions of this being forever we are no longer together.

We are however still legally married.

We are on good terms but are completely individually self sufficient.

 

Is USCIS wanting an update on where this situatuon is at?

I guess I'm confused on what documentation to provide as all of the suggested documentation on the RFE is to support - as quoted on the notice "establish shared family planning, share responsibility for a common residence, hold ourselves to the public as a married couple or continue to share a life together"

 

And again while we are still very much in each others lives it's in a different capacity and there are no suggestions of what evidence to provide if you are no longer together.

 

There are a couple of suggested documents that I could provide but I'm not trying to prove we are still in a comitted marriage but I can prove we are still legally married (there has been no divorce filed) and we are on good terms.

We still speak almost daily, have joint health insurance, life insurance, we've visited each other over the years, have photos - but again we're not romantically together anymore.

 

Has anyone been in this situation?

If so what should I send in?

 

My husband now resides in Charleston, SC and has a new career

I still reside in VA and have a successful business.

In case it matters we do not have shared financials and do file our taxes together however married filing separately.

 

Any advice or input is grealty appreciated

 

[Boiler 43,458]

You have 2 choices to remove conditions

 

1. On the basis of being in a marital union, what they are asking for as that was the basis you applied.

 

2. With a Divorce waiver.

 

There is no option for your current situation

[OldUser 4,831]

I think your chances of getting this I-751 approved are pretty slim.

 

It's is very unusual to remain married if you do not live together as a married couple, do not plan living together as a married couple and don't have any romantic connection. I'm sorry if you find this question offending... Why are you still married? This is a question that an officer will have in their head. And most likely the answer in officer's head will be - married for immigration. 

 

If you divorced in 2020 or 2021, you could have removed your conditions on your own. With evidence that you lived together etc it seemed realistic. But now it's much more complex situation.

 

You'd likely need to divorce and refile I-751 on your own. Your case will look very suspicious to USCIS.

 

Also, don't forget, since you're still married, you still may be liable for any debts your spouse accumulates. I just do no see a reason to remain married?

[Crazy Cat 39,284]

23 minutes ago, Adrii said:

In September 2021 it was time for me to file for the removal of conditions.

Did your spouse sign the I-751? You both signed a joint I-751?

Edited March 18 by Crazy Cat

[Family 3,483]

It will be a hard sell to convince them . You were already separated for over a year in 2021 …yet filed jointly/ Assuming here you painted a We are Just On A Little Break picture of the relationship . 
 

Good terms or not…you do not describe A Marriage  . Even more difficult to justify why no divorce 

 

 

[Timona 3,943]

There's nothing like "we love each other/ communicate daily/ every second" but live separately. Nothing of such fairy tales exists in USCIS dictionary. 

 

1. File for divorce or

2. he moves back in/ you move to him.

 

Those are the only options you have. Otherwise, your case is going to be denied. How does your husband move to SC and not back to you in VA? Sounds like this marriage is already dead but you're holding on for GC purposes. 

 

File divorce. You have no option.

Submit:

1. Divorce filing (the one that says you filed divorce. It'll buy you time).

2. RFE letter 

3. Amended I-751, with divorce option checked. 

 

You'll still have the GC, albeit correctly and wih less stress. 

 

USCIS already knows you guys live separate and no letter nor explanation can overcome this, more so with him preferring to move to SC.

 

@Family is one of the more tender/ optimistic Vjers. So, if she says your goose is cooked, it surely is. 

Edited March 18 by Timona

[Adrii 208]

13 minutes ago, Boiler said:

You have 2 choices to remove conditions

 

1. On the basis of being in a marital union, what they are asking for as that was the basis you applied.

 

2. With a Divorce waiver.

 

There is no option for your current situation

 

Thanks for your input.

Do you know if I can withdraw this application, file for divorce and then re apply with the divorce waiver?

 

At the time I filed (over 900 days ago) we were still working on the marriage (this has since changed)

[Boiler 43,458]

Yes

 

Or amend the current filing

 

Some prefer a fresh application, I have no view.

[Adrii 208]

2 minutes ago, Timona said:

There's nothing like "we love each other/ communicate daily/ every second" but live separately. Nothing of such exists in USCIS dictionary. 

 

1. File for divorce or

2. he moves back in/ you move to him.

 

Those are the only options you have. Otherwise, your case is going to be denied. How does your husband move to SC and not back to you in VA? Sounds like this marriage is already dead but you're holding on for GC purposes. 

 

File divorce. You have no option.

Submit:

1. Divorce filing 

2. RFE letter 

3. Amended I-751, with divorce option checked. 

 

You'll still have the GC, albeit correctly and wih less stress. 

 

USCIS already knows you guys live separate and no letter nor explanation can overcome this, more so with him preferring to move to SC.

 

Thanks for your input!

To put it blunty, yes the marriage is now dead.

But when I filed 921 days ago it was not.

 

Will I have to withdraw the current case? Or can I reply to the RFE with a divorce decree or is this filing an amendment in response to the RFE?

 

[Timona 3,943]

Don't withdraw anything. I pointed out that you need to do. Re-read my post.

 

I don't think you'll be able to get a final divorce decree in time to reply to USCIS. Hence why I edited and explained that respond with the papers from the court that says you filed divorce.

 

As soon as you get that final divorce certificate, send it with a copy of your I-751 receipt notice to the address at the bottom of the receipt notice.

 

I see for VA, you're eligible to file divorce after 6 - 12 months of separation (depending on circumstances). Well, you've exceeded that. So, file that divorce today and get it rolling. 

 

In the meantime, if you have 60 days or so to respond to RFE, then I believe you can just wait to get final divorce. However, if you don't have much time/ anticipating a fight with ex-hubby, then resort to paragraph 2 above.

Edited March 18 by Timona

[Adrii 208]

2 minutes ago, Timona said:

Don't withdraw anything. I pinted out that you need to do. Re-read my post.

Thank you I appreciate your help!

With the amendment would you suggest we provide updated signed statements?

17 minutes ago, Crazy Cat said:

Did your spouse sign the I-751? You both signed a joint I-751?

Yes the form was signed by us both and he always signed a statement outlining the current situation of us living apart (in 2021)

[Crazy Cat 39,284]

6 minutes ago, Adrii said:

But when I filed 921 days ago it was not.

You had already been apart for 13 months when you filed the I-751.  Your path forward would likely be easier if you file for a divorce, imo. Then you could proceed with a divorce waiver.

Edited March 18 by Crazy Cat

[Boiler 43,458]

This is your case

[Adrii 208]

3 minutes ago, Crazy Cat said:

You had already been apart for 13 months when you filed the I-751.  Your path forward would likely be easier if you file for a divorce, imo. Then you could proceed with a divorce waiver.

Although we had been living apart we were still travelling back and fourth and seeing each and at the time we weren't certain what the future held. I have until June 14 to respond, I'm not sure how long an uncontested divorce takes to file in VA but lets say I don't have it by June 14, what evidence would you suggest I provide at that point?

[Timona 3,943]

5 minutes ago, Adrii said:

Thank you I appreciate your help!

With the amendment would you suggest we provide updated signed statements?

 

What are you referring to? Affidavits from friends or I-751?

 

If I-751, it's your case. Your signature will be the only one needed if you choose the divorce waiver option. 

 

If affidavits from friends, they're weak evidences. Resort only to them if you lack strong evidences. 

 

Buena suerte ☘️

I'm out.