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Old Jul 11th 2005, 1:28 pm   #1
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Default 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?
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Old Jul 11th 2005, 2:29 pm   #2
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
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?
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.
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Old Jul 11th 2005, 2:44 pm   #3
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Default 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.
=============================


Quote:
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.
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Old Jul 11th 2005, 3:00 pm   #4
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
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.
=============================
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.
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Old Jul 11th 2005, 5:37 pm   #5
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Default 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:35$313266$2573360$1121088517@britishexpats.co 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
 
Old Jul 11th 2005, 6:02 pm   #6
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Arrow Re: What are the steps to take during separation while I-751 pending?

Quote:
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.
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.
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Old Jul 11th 2005, 6:35 pm   #7
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
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.
The OP said just separated, now we can debate as to what that might actually mean but if the USC Spouse is prepared to forget the separation and jointly file then that may be another issue. And why not mention it, a very material and slightly unusual fact.

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.
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Old Jul 11th 2005, 8:49 pm   #8
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Default 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.
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Old Jul 11th 2005, 9:42 pm   #9
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Default 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

Quote:
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:35$313266$2573360$1121088517@britishexpats.co 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
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Old Jul 11th 2005, 9:48 pm   #10
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Default 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


Quote:
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.
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Old Jul 12th 2005, 2:03 am   #11
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
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.
I also believe it is dependent upon a number of factors. If the petition was filed in Nebraska, NSC recently issued a memo (dated March 30, 2005) which specifically addresses what to do in the event that a couple separate while and I-751 is pending. If memory serves me correctly, it directs the immigrant to inform the Service Centre that the/she is now separated.
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Old Jul 12th 2005, 6:11 am   #12
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
Originally Posted by Jennifer
... After all, they still
can be friends.
Yeah, they can be. If the sole purpose of this friendship is to deceive USCIS and gain an immigration status.

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.
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Old Jul 12th 2005, 8:56 am   #13
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Default Re: What are the steps to take during separation while I-751 pending?

Julia Alvares,

How "genuiene" was your own marriage?
---------------------------------------------
From: julia_alve...@yahoo.com (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: <8d233bf3.0202151858.11e19b28@posting.google.com >
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: groups-abuse@google.com
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
 
Old Jul 12th 2005, 12:19 pm   #14
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Default Re: What are the steps to take during separation while I-751 pending?

Quote:
Originally Posted by samal1485
After refiling I-751, did you receive a permanent GC or not?

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.
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