Filed JOINT I-751, separated, about to file for a divorce
#1
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Joined: Nov 2008
Posts: 2
Filed JOINT I-751, separated, about to file for a divorce
Friends,
What would you advice to me in the following situation:
I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police reports, etc.), but always thought that I should suffer it through until I get my real Green Card (10-year-green card).
I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife wants a divorce now. How should I proceed?
1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?
2. Should I let her file for a divorce and say "No" at the court, pretending that I still love her? By that way I assume I would get the I-751 approved.
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?
3. Since she moved out of our apartment, do I have to notify USCIS about it now?
4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?
People, I very rely on your help and hope for answers as soon as possible, since she is about to file for a divorce.
Please help.
My timeline (TODAY's date: Nov/15/2008):
Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008
What would you advice to me in the following situation:
I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police reports, etc.), but always thought that I should suffer it through until I get my real Green Card (10-year-green card).
I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife wants a divorce now. How should I proceed?
1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?
2. Should I let her file for a divorce and say "No" at the court, pretending that I still love her? By that way I assume I would get the I-751 approved.
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?
3. Since she moved out of our apartment, do I have to notify USCIS about it now?
4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?
People, I very rely on your help and hope for answers as soon as possible, since she is about to file for a divorce.
Please help.
My timeline (TODAY's date: Nov/15/2008):
Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008
Last edited by deeplover25; Nov 15th 2008 at 9:34 pm. Reason: Vermont Service Center
#2
Re: Filed JOINT I-751, separated, about to file for a divorce
If you WANT to get divorced, you can go ahead and start the divorce process. When the divorce is final and you have the final decree in hand, if you don't have your 10-year GC by that time, you will need to file an I-751 on your own with a waiver of the joint filing requirement. You cannot do this until your divorce is final.
Never "pretend" anything when it comes to court and immigration.
If she is the one who moved, then no, you do not need to notify USCIS.
Rene
Never "pretend" anything when it comes to court and immigration.
If she is the one who moved, then no, you do not need to notify USCIS.
Rene
#3
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Filed JOINT I-751, separated, about to file for a divorce
It doesn't matter... USCIS doesn't care. If you want to divorce, get divorced.
Absolutely not.
Maybe yes... maybe no. You should file another I-751 once your divorce is final.
You should file another I-751 once your divorce is final.
No. Whether she informs USCIS that she moved is entirely her problem.
Maybe a few months... maybe a year or more.
Ian
Should I let her file for a divorce and say "No" at the court, pretending that I still love her?
1 If I get the I-751 approved before divorce will be finalized, will I be safe?
What if I get divorce finalized prior to the approval of the I-751? What should I do?
Since she moved out of our apartment, do I have to notify USCIS about it now?
Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?
Ian