Noorah101

Interviews for jointly filed I-751's are VERY rare.

Rene

Heffalump13

I had heard that. But of course, it could still happen. So any advice on if it does, given my situation?

Noorah101

If called to an interview, just be honest about everything. That's really all you can do.

Rene

Heffalump13

Thanks again, so much. I figured that must be it. Okay, I know what to do now!

ian-mstm

As Rene notes, an interview for a jointly filed I-751 is rare... but you're right, it's not beyond the realm of possibility. If that's the case, you go to the interview - by yourself if needs by - and at that point you'll be able to explain the situation.

Keep in mind that the obligation is to file the I-751 at the right time... and you will have done that.

Also keep in mind that if you are not interviewed, it's entirely possible that your conditions will be removed and you will receive your 10-year green card. If that happens, you should quietly congratulate yourself and leave sleeping dogs be.

Ian

Heffalump13

Thanks, Ian. I appreciate it.

CorbinCarling

I don't wish to appear as though I am highjacking Heffalump's thread, but I am in a very similar situation to her, with the one difference being that the circumstance between my spouse and I is not as amicable and she may refuse to file the I-751 jointly. I live in SC which has the same legal separation requirement as NC (1 year prior to filing for divorce). She asked me to leave on Dec 3rd, and we had the first court hearing on Dec 18th, with the final legal separation hearing scheduled for March 10th. The conditions on my GC expire June 14th, so the 90 day window opens on March 14th (4 days ater the court hearing). The earliest we will be able to file for a non-contested divorce will be March 10th 2015.
If she refuses to co-file the I-751 with me, what do I do?

ian-mstm

Your green card expires on June 14... not the conditions. That said, the 90 day window opens on March 16... not March 14. Keep in mind that 90 days is not the same as 3 months. Don't file too soon... but you do have 90 days in which to file. You don't need to file the first available day.


If that's the case, you file the I-751 with or without her. The obligation is to file... the obligation is not necessarily to file jointly. You file the I-751 when you are required to - within those 90 days. If you don't file the I-751 by June 14, your status as a US permanent resident will come to an abrupt stop - as will your employment authorization.

Keep in mind that divorce does not release her from her financial obligation under the I-864. She may know that... she may not. Either way it won't matter to you... but it might matter to her!

Ian

CorbinCarling

Thanks for the quick reply Ian. Please can you explain the implications to her from that statement. Does that mean it's in her interest to file with me? Providing evidence could be problematic too, as we no longer have joint bills, insurance etc. To be honest we never really did. She always handled the finances and was very reluctant to even add my name to her bank acc.

S Folinsky

Legal consultation might be in order.

ian-mstm

It means that if you were to receive means-tested benefits (Google is your friend), that the US government would come to her for repayment... not you. It's also not unheard of for the non-USC spouse to sue the USC spouse for support at 125% of the poverty level... the amount the USC spouse agreed to when the I-864 was signed. This last bit, of course, doesn't really have anything to do with her obligation to the US government - but it might give you some clout during divorce proceedings.


No.


None of this really matters - since none of it is required. The only requirement is that you entered the marriage in good faith. The general advice given to Heffalump13 in this regard should also help you.

Ian

Heffalump13

Quick update: saw my attorney today. My ex came with me so we could both hear the advice given. The attorney was excellent and actually handled a case like mine just a few weeks ago (including an interview situation). He said to file jointly, as we are both happy to, and note in the cover letter that we are separated and intend to divorce, therefore provide evidence that the marriage lasted up until the date we separated.

He said we can do this towards the end of my 90-day window, to allow maximum time for the year's extension and, all being well, enough time for the USCIS to request an RFE for my decree absolut, once that is taken care of in September and I can file a waiver.

I'm still very anxious about the timing etc. but I am glad to know that a) I can do things this way and be entirely upfront about the situation; b) the case is sound one - my attorney was quick to assure me that, yes, it's a tricky situation but that it should not cause a problem for me to stay here given the genuine nature of our marriage; and c) my employers are fully informed of everything and support me.

I am going to file jointly with my ex, without a lawyer to do the paperwork (already filled it in and collected most of the evidence, so we went through it together today) and then retain my attorney if I am called for interview - which, given the situation, he thinks might be likely as I'll be divorced by that time.

The next few months are going to be really nerve-wracking, but I definitely feel better for having seen an attorney and having a plan in place.

Thank you all again for your help and support.

ian-mstm

Well then, best of luck to you.

Ian

Heffalump13

Thank you!