What are the steps to take during separation while I-751 pending?
#1
Banned
Thread Starter
Joined: May 2005
Posts: 91
What are the steps to take during separation while I-751 pending?
My close friends who had filed for I-751 and N-400 just separated this past weekend and he is not sure what to do with the I-751 and N-400.
Does anyone know how to proceed or will USCIS know if they dont report the separation?
Does anyone know how to proceed or will USCIS know if they dont report the separation?
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by marasmus
My close friends who had filed for I-751 and N-400 just separated this past weekend and he is not sure what to do with the I-751 and N-400.
Does anyone know how to proceed or will USCIS know if they dont report the separation?
Does anyone know how to proceed or will USCIS know if they dont report the separation?
The N-400 will die as a matter of law if it was filed before he had LPR for 5 years.
On the I-751, the issue is a complicated one and is dependent upon the facts. An I-751 joint petition CAN be approved while the couple is separated. However, the matter is quite fact specific.
Legal consulation is in order IMHO.
#3
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Thread Starter
Joined: May 2005
Posts: 91
Re: What are the steps to take during separation while I-751 pending?
is there a requirement to refile I-751 upon separation? Spouse ready to attend interview. Or wait for interview day and say they have separated?
As for N-400, should they mail a letter to USCIS District office to withdraw it or a etter to the service center?
Or just wait and refuse to appear at interview? N-400 was on basis of 3 year marriage to USC.
=============================
As for N-400, should they mail a letter to USCIS District office to withdraw it or a etter to the service center?
Or just wait and refuse to appear at interview? N-400 was on basis of 3 year marriage to USC.
=============================
Originally Posted by Folinskyinla
Hi:
The N-400 will die as a matter of law if it was filed before he had LPR for 5 years.
On the I-751, the issue is a complicated one and is dependent upon the facts. An I-751 joint petition CAN be approved while the couple is separated. However, the matter is quite fact specific.
Legal consulation is in order IMHO.
The N-400 will die as a matter of law if it was filed before he had LPR for 5 years.
On the I-751, the issue is a complicated one and is dependent upon the facts. An I-751 joint petition CAN be approved while the couple is separated. However, the matter is quite fact specific.
Legal consulation is in order IMHO.
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by marasmus
is there a requirement to refile I-751 upon separation? Spouse ready to attend interview. Or wait for interview day and say they have separated?
As for N-400, should they mail a letter to USCIS District office to withdraw it or a etter to the service center?
Or just wait and refuse to appear at interview? N-400 was on basis of 3 year marriage to USC.
=============================
As for N-400, should they mail a letter to USCIS District office to withdraw it or a etter to the service center?
Or just wait and refuse to appear at interview? N-400 was on basis of 3 year marriage to USC.
=============================
http://uscis.gov/graphics/howdoi/remcond.htm
What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith� exception. You may not file for the waiver until after your marriage has been terminated.
Please read the memo dated April 10, 2003 for more specific information.
#5
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Posts: n/a
Re: What are the steps to take during separation while I-751 pending?
May I ask why your friend file I-751 and N-400 together? Is it the rule that
you have to wait I-751 approved then can one person to file N-400?
As long as you friend's case, just do nothing. I think I-751 sometimes does
not require an interview. It is just a matter of time. Do not hire lawyer. A
friend of mine hired lawyer to the whole thing, she has not even get her
conditional green card yet. She has already delivered a son with USC husband
and living in US for over two years. Once in lawyer's hand, it is out of
your control. I will recommand to sit down and talk with the seperation
husband for his best support in the immigrant process. After all, they still
can be friends.
"marasmus" <member39761@british_expats.com> wrote in message
news:[email protected] m...
> My close friends who had filed for I-751 and N-400 just separated this
> past weekend and he is not sure what to do with the I-751 and N-400.
> Does anyone know how to proceed or will USCIS know if they dont report
> the separation?
> --
> Posted via http://britishexpats.com
you have to wait I-751 approved then can one person to file N-400?
As long as you friend's case, just do nothing. I think I-751 sometimes does
not require an interview. It is just a matter of time. Do not hire lawyer. A
friend of mine hired lawyer to the whole thing, she has not even get her
conditional green card yet. She has already delivered a son with USC husband
and living in US for over two years. Once in lawyer's hand, it is out of
your control. I will recommand to sit down and talk with the seperation
husband for his best support in the immigrant process. After all, they still
can be friends.
"marasmus" <member39761@british_expats.com> wrote in message
news:[email protected] m...
> My close friends who had filed for I-751 and N-400 just separated this
> past weekend and he is not sure what to do with the I-751 and N-400.
> Does anyone know how to proceed or will USCIS know if they dont report
> the separation?
> --
> Posted via http://britishexpats.com
#6
BE Enthusiast
Joined: Nov 2003
Posts: 325
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by Boiler
You can not as I understand it file I 751 on seperation, you either have to be married (in a marriage) or divorced. There have been quite a few discussions on this.
http://uscis.gov/graphics/howdoi/remcond.htm
What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith� exception. You may not file for the waiver until after your marriage has been terminated.
Please read the memo dated April 10, 2003 for more specific information.
http://uscis.gov/graphics/howdoi/remcond.htm
What if I Am in Divorce Proceedings, But Am Not Yet Divorced?
If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith� exception. You may not file for the waiver until after your marriage has been terminated.
Please read the memo dated April 10, 2003 for more specific information.
You are completely wrong! The poster's friend is not in divorce proceedings and thus the link you provided is useless. A couple can legally file a Joint I-751 even if they are separated. However, if they do not solve their marital issus and an interview scheduled, the alien should start divorce proceedings in order to obtain a divorce decree and re-file the I-751 under waiver grounds.
#7
Account Closed
Joined: Mar 2004
Posts: 2
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by AGUILA
Boiler:
You are completely wrong! The poster's friend is not in divorce proceedings and thus the link you provided is useless. A couple can legally file a Joint I-751 even if they are separated. However, if they do not solve their marital issus and an interview scheduled, the alien should start divorce proceedings in order to obtain a divorce decree and re-file the I-751 under waiver grounds.
You are completely wrong! The poster's friend is not in divorce proceedings and thus the link you provided is useless. A couple can legally file a Joint I-751 even if they are separated. However, if they do not solve their marital issus and an interview scheduled, the alien should start divorce proceedings in order to obtain a divorce decree and re-file the I-751 under waiver grounds.
There is a requirement to declare the curent marital status, now an assumption of mine but putting down now separated may not help.
As an aside, is there a definition of 'commencing divorce proceedings', I am guessing it would vary by state as Marriage is a state issue.
#8
Forum Regular
Joined: Sep 2004
Posts: 50
Re: What are the steps to take during separation while I-751 pending?
i'm going/went through something similar regarding the I-751. Basically I had been seperated for about 9 months when I recieved a letter to come in for an interview for the removal of conditions. I had to to be seperated 12 months before I could file for a divorce.
So after speaking with an attorney, I did the following;
1. Filed for continuence (delays the interview date a few months)
2. Divorced as soon as the 12 months were up
3. Attended rescheduled interview date with Attorney. Withdrew original I751 application filed jointly.
4. Had my passport stamped at the interview (I551 - Good for a year - even though I still had 8 months left on my old stamp)
5. Filed i-751 with waiver that same week (included all the evidence of marriage and divorce decree. Recieved my new I751 in the mail 7 days later.
Hope this helps. Speaking to an immigration attorney made this process very smooth for me. I would highly recommend it.
So after speaking with an attorney, I did the following;
1. Filed for continuence (delays the interview date a few months)
2. Divorced as soon as the 12 months were up
3. Attended rescheduled interview date with Attorney. Withdrew original I751 application filed jointly.
4. Had my passport stamped at the interview (I551 - Good for a year - even though I still had 8 months left on my old stamp)
5. Filed i-751 with waiver that same week (included all the evidence of marriage and divorce decree. Recieved my new I751 in the mail 7 days later.
Hope this helps. Speaking to an immigration attorney made this process very smooth for me. I would highly recommend it.
#9
Re: What are the steps to take during separation while I-751 pending?
Jennifer,
What gives you the idea that the I-751 and the N-400 were filed together?
Regards, JEff
What gives you the idea that the I-751 and the N-400 were filed together?
Regards, JEff
Originally Posted by Jennifer
May I ask why your friend file I-751 and N-400 together? ...
"marasmus" <member39761@british_expats.com> wrote in message
news:[email protected] m...
> My close friends who had filed for I-751 and N-400 just separated this
> past weekend and he is not sure what to do with the I-751 and N-400.
> Does anyone know how to proceed or will USCIS know if they dont report
> the separation?
> --
> Posted via http://britishexpats.com
"marasmus" <member39761@british_expats.com> wrote in message
news:[email protected] m...
> My close friends who had filed for I-751 and N-400 just separated this
> past weekend and he is not sure what to do with the I-751 and N-400.
> Does anyone know how to proceed or will USCIS know if they dont report
> the separation?
> --
> Posted via http://britishexpats.com
#10
Forum Regular
Joined: Sep 2002
Posts: 187
Re: What are the steps to take during separation while I-751 pending?
After refiling I-751, did you receive a permanent GC or not?
Samal
Samal
Originally Posted by Mojo418
i'm going/went through something similar regarding the I-751. Basically I had been seperated for about 9 months when I recieved a letter to come in for an interview for the removal of conditions. I had to to be seperated 12 months before I could file for a divorce.
So after speaking with an attorney, I did the following;
1. Filed for continuence (delays the interview date a few months)
2. Divorced as soon as the 12 months were up
3. Attended rescheduled interview date with Attorney. Withdrew original I751 application filed jointly.
4. Had my passport stamped at the interview (I551 - Good for a year - even though I still had 8 months left on my old stamp)
5. Filed i-751 with waiver that same week (included all the evidence of marriage and divorce decree. Recieved my new I751 in the mail 7 days later.
Hope this helps. Speaking to an immigration attorney made this process very smooth for me. I would highly recommend it.
So after speaking with an attorney, I did the following;
1. Filed for continuence (delays the interview date a few months)
2. Divorced as soon as the 12 months were up
3. Attended rescheduled interview date with Attorney. Withdrew original I751 application filed jointly.
4. Had my passport stamped at the interview (I551 - Good for a year - even though I still had 8 months left on my old stamp)
5. Filed i-751 with waiver that same week (included all the evidence of marriage and divorce decree. Recieved my new I751 in the mail 7 days later.
Hope this helps. Speaking to an immigration attorney made this process very smooth for me. I would highly recommend it.
#11
BE Enthusiast
Joined: Feb 2005
Posts: 863
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by AGUILA
Boiler:
You are completely wrong! The poster's friend is not in divorce proceedings and thus the link you provided is useless. A couple can legally file a Joint I-751 even if they are separated. However, if they do not solve their marital issus and an interview scheduled, the alien should start divorce proceedings in order to obtain a divorce decree and re-file the I-751 under waiver grounds.
You are completely wrong! The poster's friend is not in divorce proceedings and thus the link you provided is useless. A couple can legally file a Joint I-751 even if they are separated. However, if they do not solve their marital issus and an interview scheduled, the alien should start divorce proceedings in order to obtain a divorce decree and re-file the I-751 under waiver grounds.
#12
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by Jennifer
... After all, they still
can be friends.
can be friends.
Also, just as they can be friends, so can DHS with a fully loaded shotgun called "The Patriot Act" be around watching your moves and surprise you.
#13
Guest
Posts: n/a
Re: What are the steps to take during separation while I-751 pending?
Julia Alvares,
How "genuiene" was your own marriage?
---------------------------------------------
From: [email protected] (Julia Alveres)
Newsgroups: alt.visa.us.marriage-based
Subject: Chicago AOS timeline
Date: 15 Feb 2002 18:58:16 -0800
Organization: http://groups.google.com/
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NNTP-Posting-Date: 16 Feb 2002 02:58:16 GMT
Hello all
I would be very grateful to receive advice on two matters.
1. I and my USC husband have submitted the I134 and all other
documents including copy divorces, his tax returns for 3 years, all
our copy birth certs ect.
My questions is .... while waiting to the AOS interview the advice
here is to copy all the relevant documents for the interview.
DO I NEED to re-copy those documents that have already been submitted
with our application ? or just documents other than those already
lodged ie do I need original and copy divorces ect for interview
plus copy and originals of all documents since filing?
and
2> We filed in Chicago in June 2001 and have done finger prints in
January 2002 ... does anyone have a current timeline as to when the
AOS interview might be. I have read here 26 months ect but that was
years ago and I have a feeling they may have their act somewhat
together now.
Any advice / help would be very much appreciated.
Thank you so much.
Julia
How "genuiene" was your own marriage?
---------------------------------------------
From: [email protected] (Julia Alveres)
Newsgroups: alt.visa.us.marriage-based
Subject: Chicago AOS timeline
Date: 15 Feb 2002 18:58:16 -0800
Organization: http://groups.google.com/
Lines: 29
Message-ID: <[email protected] >
NNTP-Posting-Host: 12.84.7.55
Content-Type: text/plain; charset=ISO-8859-1
Content-Transfer-Encoding: 8bit
X-Trace: posting.google.com 1013828296 4795 127.0.0.1 (16 Feb 2002
02:58:16 GMT)
X-Complaints-To: [email protected]
NNTP-Posting-Date: 16 Feb 2002 02:58:16 GMT
Hello all
I would be very grateful to receive advice on two matters.
1. I and my USC husband have submitted the I134 and all other
documents including copy divorces, his tax returns for 3 years, all
our copy birth certs ect.
My questions is .... while waiting to the AOS interview the advice
here is to copy all the relevant documents for the interview.
DO I NEED to re-copy those documents that have already been submitted
with our application ? or just documents other than those already
lodged ie do I need original and copy divorces ect for interview
plus copy and originals of all documents since filing?
and
2> We filed in Chicago in June 2001 and have done finger prints in
January 2002 ... does anyone have a current timeline as to when the
AOS interview might be. I have read here 26 months ect but that was
years ago and I have a feeling they may have their act somewhat
together now.
Any advice / help would be very much appreciated.
Thank you so much.
Julia
#14
Forum Regular
Joined: Sep 2004
Posts: 50
Re: What are the steps to take during separation while I-751 pending?
Originally Posted by samal1485
After refiling I-751, did you receive a permanent GC or not?
Samal
Samal
I only just re-filed the I751 (Texas INS & Charlotte Local office) with waiver this May and so I have a ways to go before I hear anything.