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CR in between divorce and filing I-751

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CR in between divorce and filing I-751

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Old Sep 4th 2008, 5:23 am
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Default CR in between divorce and filing I-751

Hi,

I married my husband in 2006 and obtained CR status in 2007.

Lately I discovered that my husband has regular phone/text to a girl in Canada.
I also found out that they've had exotic instant messenger conversation and the girl's half nude pictures in my husband's computer dated right before our first anniversary.

I love him very much and decided that Internet/phone I can still bare.

This year he quitted his job and went back to ESL school.
(He has been in the US for 10 years and has obtained citizenship.)

In August while I was busy joggling between 2 jobs and taking care of my husband and chores, I found out by accident that he was looking for escort services near where we live.

I can start filing for I-751 in 2 months but now all these...
He tells me he loves me but wouldn't go anywhere or take pictures with me.
I feel being taken advantage of yet I'm gonna be the one to be considered "faking" a marriage to "benefit myself". (Seriously?)

If I start the divorce process, do I just pack and get ready to go back to where I came from or can I still file and be granted?

I've read something over the Internet that no matter what the reason is for the divorce I will not be able to keep my status.

Please help me in terms of where to look for additional help, if there is any.


Sad Echo

Last edited by echo; Sep 4th 2008 at 5:47 am.
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Old Sep 4th 2008, 5:28 am
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Default Re: CR in between divorce and filing I-751

Originally Posted by echo
I've read something over the Internet that no matter what the reason is for the divorce I will not be able to keep my status.
Wrong .... You can still file the I-751 when divorced
and his responsibilties under the affidavit of support remain ..
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Old Sep 4th 2008, 5:31 am
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Default Re: CR in between divorce and filing I-751

Originally Posted by echo
Hi,

I married my husband in 2006 and obtained CR status in 2007.
Lately I discovered that my husband has regular phone/text to a girl in Canada.
I also found out that they've had exotic instant messenger conversation and the girl's half nude pictures in my husband's computer dated right before our first anniversary.
This year he quitted his job and went back to ESL school.
(He has been in the US for 10 years and has obtained citizenship.)

In August while I was busy joggling between 2 jobs and taking care of my husband and chores, I found out by accident that he was looking for escort services near where we live.

I can start filing for I-751 in 2 months but now all these...

If I start the divorce process, do I just pack and get ready to go back to where I came from or can I still file and be granted?

I've read something over the Internet that no matter what the reason is for the divorce I will not be able to keep my status.

Please help me in terms of where to look for additional help, if there is any.


Sad Echo
If you choose to stay married, and your husband will still file a joint I-751 with you, that's the easiest thing to do. But it means staying in your marriage for real while the I-751 process continues...which can take a year or more sometimes. You'll be able to send in the N-400 for naturalization whenever you are eligible, even if your I-751 is not yet adjudicated, assuming you stay with your USC husband until that time as well.

If you choose to get divorced now, you will have to wait until the divorce is completely final, and you have the divorce decree in hand, before you can file the I-751 on your own with a waiver. Many people have successfully done this, so it is possible. USCIS will probably question the reason for divorce, so keep all your proof. But it doesn't mean you'll be denied.

Best Wishes,
Rene
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Old Sep 4th 2008, 6:14 am
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Default Re: CR in between divorce and filing I-751

Thank you for your suggestion.

One more question, If I file for divorce after submitting I-751, would I still be able to file N-400 since it says on the application that you have to be a permanent resident for at least 3 years while stay married with the citizen that got you the status at the first place.
Thank you soooo much!
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Old Sep 4th 2008, 6:20 am
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Default Re: CR in between divorce and filing I-751

Originally Posted by echo
Thank you for your suggestion.

One more question, If I file for divorce after submitting I-751, would I still be able to file N-400 since it says on the application that you have to be a permanent resident for at least 3 years while stay married with the citizen that got you the status at the first place.
Thank you soooo much!
If you are fully divorced, you need to wait 5 years from the time you became a PR, until you can file the N-400.

If you are NOT fully divorced, I am not sure, because I believe you need to be in a valid, ongoing, real marriage...and if you have filed for divorce, that probably means you can't file the N-400 based on marriage to a USC.

Rene
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Old Sep 7th 2008, 10:27 am
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Default Re: CR in between divorce and filing I-751

Originally Posted by Noorah101
If you choose to stay married, and your husband will still file a joint I-751 with you, that's the easiest thing to do. But it means staying in your marriage for real while the I-751 process continues...which can take a year or more sometimes. You'll be able to send in the N-400 for naturalization whenever you are eligible, even if your I-751 is not yet adjudicated, assuming you stay with your USC husband until that time as well.

If you choose to get divorced now, you will have to wait until the divorce is completely final, and you have the divorce decree in hand, before you can file the I-751 on your own with a waiver. Many people have successfully done this, so it is possible. USCIS will probably question the reason for divorce, so keep all your proof. But it doesn't mean you'll be denied.

Best Wishes,
Rene

If your USC husband is willing to jointly file the I-751 then submit it. If after submitting it the process to terminate the marriage is completed, request to withdraw the jointly-filed I-751 and replace it with a waiver (accompanied by a divorce decree).
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