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chrokopo1999

I751 Pending while Separated - Next Steps???

By chrokopo1999 in Removing Conditions on Residency General Discussion

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chrokopo1999 Newbie

chrokopo1999   0

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Hi Friends. Any words or opinions would be great here! Long story short... I've been with my husband since 2018 and came to the USA with a k1 in 2020. Got married and got the first conditional green card in January 2022.

 

We applied jointly ROC on November 2023 and it has been pending since then. We separated in August of 2024 and have been living apart since, I moved out of the state as I found a new job. We are still in touch but we are no longer a couple, only married legally, although we do remain friends and have seen each other and I am still in contact with his family. 

 

I know that we could get divorced and switch the petition from jointly to individual; however, since I'm Venezuelan, and with the current political climate, I'm not sure if that's the most prudent thing to do. We are in good terms and in no rush to divorce, but I'm afraid that us living in different states and pretty much having nothing else that ties us together, may be a reason to get the application and deported.

 

My fear is that the divorce could potentially sabotage this application. I am really unsure on how to proceed here and any advice or suggestions would be deeply appreciated, especially given the timeline as this november will be 2 years since filling... he has no problem going to the interview with me but I would want to be honest and say that we are separated.

 

If we get divorced, do I have to submit the package all over again and run again all of the timeline? Or could I let this current case take its own course? 

Boiler Grand Master

Boiler   46,923

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To remove conditions you need either to be in a good faith marriage or with a divorce waiver.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

chrokopo1999 Newbie

chrokopo1999   0

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3 minutes ago, Boiler said:

To remove conditions you need either to be in a good faith marriage or with a divorce waiver.

 

Thanks for the response. If we chose the divorce route, the 751 would need to be sent all over again and pay again the application fee, as well as expecting another 2 years of wait? I guess my question is if it  resets

Boiler Grand Master

Boiler   46,923

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Assuming you are not getting back together you do not have a choice.

 

You can amend or refile.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   46,982

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Thread is moved from the "AOS from K Visas" Case Progress subforum to the Removing Conditions forum -- OP is at that stage.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

OldUser Grand Master

OldUser   8,993

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1 hour ago, chrokopo1999 said:

 I know that we could get divorced and switch the petition from jointly to individual; however, since I'm Venezuelan, and with the current political climate, I'm not sure if that's the most prudent thing to do.

I don't see how your life and divorce in the US is related to the political climate in Venezuela. Can you explain please?

 

OldUser Grand Master

OldUser   8,993

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1 hour ago, chrokopo1999 said:

My fear is that the divorce could potentially sabotage this application.

I think the likelihood of bad outcome for I-751 is higher when keeping things in status quo - married, but not living together. Or living in broken marriage.

It's best to divorce and remove conditions on your own.

Crazy Cat Grand Master

Crazy Cat   43,656

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8 hours ago, chrokopo1999 said:

Or could I let this current case take its own course? 

That could cause greater problems.  You run the risk of USCIS approving the I-751 without an interview without their knowing that you separated.  Then, that could sabotage your citizenship and your Green Card with a misrepresentation charge. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

chrokopo1999 Newbie

chrokopo1999   0

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3 hours ago, Crazy Cat said:

That could cause greater problems.  You run the risk of USCIS approving the I-751 without an interview without their knowing that you separated.  Then, that could sabotage your citizenship and your Green Card with a misrepresentation charge. 

Understood. Ive been living in NYC for work but our USCIS address remains the same and he does live there and I receive mail there. I have not updated it to the NYC address as the building has problems with receiving mail. Would you suggest to notify uscis that ive moved and changed my address?

chrokopo1999 Newbie

chrokopo1999   0

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9 hours ago, OldUser said:

I think the likelihood of bad outcome for I-751 is higher when keeping things in status quo - married, but not living together. Or living in broken marriage.

It's best to divorce and remove conditions on your own.

Yeah, especially when living in different states, although our uscis address remains the same as thats where i still receive mail and he does live there. If divorced, do I need to file the package all over again and pay the fee, or could I send the divorce decree and amend the previous application, no? Not sure how that process works

OldUser Grand Master

OldUser   8,993

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3 minutes ago, chrokopo1999 said:

Understood. Ive been living in NYC for work but our USCIS address remains the same and he does live there and I receive mail there. I have not updated it to the NYC address as the building has problems with receiving mail. Would you suggest to notify uscis that ive moved and changed my address?

Yes, you're required by law to notify USCIS about address change within 10 days of moving. Failing to update addresss is technically, a deportable offense.

Updating address late is historically fine. Not updating can be a problem.

chrokopo1999 Newbie

chrokopo1999   0

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7 minutes ago, OldUser said:

Yes, you're required by law to notify USCIS about address change within 10 days of moving. Failing to update addresss is technically, a deportable offense.

Updating address late is historically fine. Not updating can be a problem.

 I have not as I am potentially moving away from this building in the next couple of months but thank you for confirming this!  Would changing the address delay the application, since is in a different state?

 

Edited by chrokopo1999
OldUser Grand Master

OldUser   8,993

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5 minutes ago, chrokopo1999 said:

 I have not as I am potentially moving away from this building in the next couple of months but thank you for confirming this! 

I misunderstood the earlier message. Thought you lived in NYC now. If you only receive mail there (as you said, he receives mail), but physically you sleep elsewhere every night, you don't live at that address.

 

Good luck!

Edited by OldUser
Dashinka Grand Master

Dashinka   25,471

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4 minutes ago, chrokopo1999 said:

 I have not as I am potentially moving away from this building in the next couple of months but thank you for confirming this!  Would changing the address delay the application, since is in a different state?

 

You need to inform USCIS via the AR11 of any address change.  There is no fee for this notification and it can be done online.  Also, yes, it may impact your I751 as if you are called for an interview, USCIS needs to know which field office to route your petition.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

chrokopo1999 Newbie

chrokopo1999   0

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2 minutes ago, Dashinka said:

You need to inform USCIS via the AR11 of any address change.  There is no fee for this notification and it can be done online.  Also, yes, it may impact your I751 as if you are called for an interview, USCIS needs to know which field office to route your petition.

 

Good Luck!

Thank you!  Will it delay the processing time?

 
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