Closed Thread
 
Thread Tools Search this Thread
Old Aug 14th 2002, 2:56 pm   #1
worried
Just Joined
 
Joined: Aug 2002
Posts: 2

worried is an unknown quantity at this point
Default Can I apply for I-751 while separated?

I have 2 month to go before my conditional GC expires. My wife and I have separated(not a legal separation) the last couple of months, but we're still talking, spending time together to see if we can make it work. She is willing to jointly apply for my I-751.
My question is, can I apply even if I'm separated?
The INS website says nothing about my situation. We have a house mortgage, car loan, 3 year tax returns, and some other papers in both our names which I can send in. Do I HAVE to put the address I'm living at separately on the form?
Would INS be upset and deny the I-751 if they find out that we're separated?
We haven't been going to counselling, but is it necessary to be going to a marriage couseller, in the eyes of the INS? Could they say that we're not serious about getting back together if we don't go to counselling?
Has anyone heard/read of a similar situation?
worried is offline  

Old Aug 18th 2002, 9:16 pm   #2
karen86
Just Joined
 
Joined: Aug 2002
Posts: 23

karen86 is an unknown quantity at this point
Default Re: Can I apply for I-751 while separated?

Quote:
Originally posted by worried:
I have 2 month to go before my conditional GC expires. My wife and I have separated(not a legal separation) the last couple of months, but we're still talking, spending time together to see if we can make it work. She is willing to jointly apply for my I-751.
My question is, can I apply even if I'm separated?
The INS website says nothing about my situation. We have a house mortgage, car loan, 3 year tax returns, and some other papers in both our names which I can send in. Do I HAVE to put the address I'm living at separately on the form?
Would INS be upset and deny the I-751 if they find out that we're separated?
We haven't been going to counselling, but is it necessary to be going to a marriage couseller, in the eyes of the INS? Could they say that we're not serious about getting back together if we don't go to counselling?
Has anyone heard/read of a similar situation?
Dear Worried,

Here is my humble opinion:

You should definitely apply for a removal of conditions. The bottom line is that you are still married. How the marriage is going is your personal business, not the INS's. It seems like you have enough evidence to show that you are still married, AND your spouse is willing to file. So what are you waiting for? What if the two of you get back together in 2 months and you still haven't filed? Then you risk deportation, and that certainly doesn't make for a cozy marriage.

There are plenty of couples who are happily married but who temporarily have different addresses (for different reasons, work, etc..) Also, there are plenty of couples who get conditions removed without even an interview. I really think you should go ahead and apply..

Good luck and keep us posted.
Karen
karen86 is offline  
Old Aug 18th 2002, 9:34 pm   #3
Rete Female
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,147

Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Can I apply for I-751 while separated?

Your green card will expire in two months and INS will consider it abandoned unless you apply before its expiration for the removal of conditions via form I-751.

As to the state of your marriage, if you were to take the instructions verbatim you can clearly show that you are a married couple. You have the debts to sustain your involvement, both financially and physically, as a couple with the evidence you mention.

Now speaking strictly on a personal note, I would not put down the separate address. If you two reconcile in the one to twelve months it will take for your I-751 to be reviewed and decided upon by INS, you might well be residing together in a state of emotional happiness. If you are still getting your mail addressed to you at that primary marital address and you two are still working on overcoming whatever relationship problems you are having you are not lying.

I would load INS with all the physical evidence you can lay your hands on, albeit the affidavits from family and friends as to the state of your relationship, and have a go at it.

Good Luck
Rete
Rete is offline  
Old Aug 20th 2002, 12:32 pm   #4
Victor
 
Default Re: Can I apply for I-751 while separated?

Thanks for your replies. My wife and I had tried to have kids about a year and half
back, and went thru a long medical procedure, so I have the paperwork for all that. I
would think that those papers will also help to prove the marriage, don't you think?
I've already sent in the petition, with all the documentation. I used a lawyer who
knows both of us, and he said that we have pretty good documentation. Will keep you
all posted. Thanks.

"Rete" <member@britishexpats.com> wrote in message news:389366.1029706476@britishexpats.com...
    > Your green card will expire in two months and INS will consider it abandoned unless
    > you apply before its expiration for the removal of conditions via form I-751.
    > As to the state of your marriage, if you were to take the instructions verbatim you
    > can clearly show that you are a married couple. You have the debts to sustain your
    > involvement, both financially and physically, as a couple with the evidence you
    > mention.
    > Now speaking strictly on a personal note, I would not put down the separate
    > address. If you two reconcile in the one to twelve months it will take for your
    > I-751 to be reviewed and decided upon by INS, you might well be residing together
    > in a state of emotional happiness. If you are still getting your mail addressed to
    > you at that primary marital address and you two are still working on overcoming
    > whatever relationship problems you are having you are not lying.
    > I would load INS with all the physical evidence you can lay your hands on, albeit
    > the affidavits from family and friends as to the state of your relationship, and
    > have a go at it.
    > Good Luck Rete
    > --
    > Posted via http://britishexpats.com
 
Old Aug 20th 2002, 1:13 pm   #5
Mrtravel
 
Default Re: Can I apply for I-751 while separated?

Are you suggesting they lie to INS about the separate residences?
 
Old Aug 20th 2002, 1:33 pm   #6
Rete Female
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,147

Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Can I apply for I-751 while separated?

Quote:
Originally posted by Victor:
Thanks for your replies. My wife and I had tried to have kids about a year and half
back, and went thru a long medical procedure, so I have the paperwork for all that. I
would think that those papers will also help to prove the marriage, don't you think?
I've already sent in the petition, with all the documentation. I used a lawyer who
knows both of us, and he said that we have pretty good documentation. Will keep you
all posted. Thanks.

"
Victor

Please go to:

http://www.kamya.com/intro/cprintro.html

and post your I-751 filing experience and you can update it when the results are in.

Thanks
Rete
Rete is offline  
Old Aug 20th 2002, 8:31 pm   #7
Folinskyiinla
 
Default Re: Can I apply for I-751 while separated?

worried <member@britishexpats.com> wrote in message
news:<385603.1029336984@britishexpats.com>...
    > I have 2 month to go before my conditional GC expires. My wife and I have
    > separated(not a legal separation) the last couple of months, but we're still
    > talking, spending time together to see if we can make it work. She is willing to
    > jointly apply for my I-751. My question is, can I apply even if I'm separated?

An immigration lawyer speaks:

The answer is "yes" -- you can file a joint petition. However, insmuch as you are
living at separate addresses, make sure you DISCLOSE that fact. Put in a statement
from each of you asserting the validity of your marriage, that you are experienceing
difficulties and are currently living apart. If niether of you has filed for
divorce, make sure to disclose that too.

Under no circumstances should you try to mislead INS into beleiving that you are
still living together. I just finished a successful defense of a marriage fraud
deportation case where since both the husband and wife had lied on the 751 which had
been approved, the wife didn't testify and the alien husband had to take the Fifth.
The marriage was bona fide, but it was a tough case. If they had simply been
truthful on the 751, the application would have been approved after an interview.
The client's lies cost him a lot of $$$ for my fees not to count 3 week in
immigration detention.
 
Old Aug 20th 2002, 10:08 pm   #8
Victor
 
Default Re: Can I apply for I-751 while separated?

If the 751 was approved, then why was the fraud case filed ? How did the INS find out
they were living separately ?

"FolinskyiInLA" <folinskyinla@compuserve.com> wrote in message news:63a991a9.0208201231.6d455309@posting.goo-
gle.com
...
    > worried <member@britishexpats.com> wrote in message
news:<385603.1029336984@britishexpats.com>...
    > > I have 2 month to go before my conditional GC expires. My wife and I have
    > > separated(not a legal separation) the last couple of months, but we're still
    > > talking, spending time together to see if we can make it work. She is willing to
    > > jointly apply for my I-751. My question is, can I apply even if I'm separated?
    > An immigration lawyer speaks:
    > The answer is "yes" -- you can file a joint petition. However, insmuch as you are
    > living at separate addresses, make sure you DISCLOSE that fact. Put in a statement
    > from each of you asserting the validity of your marriage, that you are
    > experienceing difficulties and are currently living apart. If niether of you has
    > filed for divorce, make sure to disclose that too.
    > Under no circumstances should you try to mislead INS into beleiving that you are
    > still living together. I just finished a successful defense of a marriage fraud
    > deportation case where since both the husband and wife had lied on the 751 which
    > had been approved, the wife didn't testify and the alien husband had to take the
    > Fifth. The marriage was bona fide, but it was a tough case. If they had simply
    > been truthful on the 751, the application would have been approved after an
    > interview. The client's lies cost him a lot of $$$ for my fees not to count 3 week
    > in immigration detention.
 
Closed Thread

 
  Subscribe to this Thread


Thread Tools Search this Thread
Search this Thread:

Advanced Search

$ forumrules ***
Forum Jump


Top