Filing I 751 but separated
 

I am filing 1 751 with my husband - we are at present separated as i am not happy with the way he treats my kids and he has finaly agreed to go to counselling. everything was always in his name - he closed off the bank accounts and I have been finaancially independedent for 6 months. My lawyer thinks i am better off filing with him but we have such a lack of joint proof - just car insurance and dental plans .
I am feeling pretty desperate. I have been here nearly 3 years and have a 17 yo senior in college. and a 10 yo Whe would hate to be deported.

Sarah

Re: Filing I 751 but separated
 

You're in a grey area. If your lawyer thinks it's better to file with him, then that's your legal advice right there. Ask him what else he can think of to use to show joint proof.

I thought you had to be living with the USC spouse in order to file jointly...and you've been separated for 6 months...but you can't file the I-751 on your own until after a divorce is final and you have the decree in hand.

That said, it IS allowed to file the I-751 late if you have good reason to, and waiting for the divorce decree is a good reason...however, he has agreed to counseling, so it sounds like divorce wouldn't happen anytime soon anyway.

Good luck whichever way you and your lawyer decide, keep us posted.

Best Wishes,
Rene