I-751 / abandoned by USC spouse
Jul 19th 2006, 1:14 am
#16
Concierge
Joined: Apr 2001
Posts: 46,414
Re: I-751 / abandoned by USC spouse
Originally Posted by vinayac
Ok, I am bit lost here, the situation is I filled for removal of conditions withNSC in April06, now we are getting a separation agreement (which we jointy came up with) and filing in the court, how does it effect my case or what is the best I should do?
Thanks for all the responses and time
Thanks for all the responses and time
You consulted an attorney, go with what he told you.
Jul 19th 2006, 1:24 am
#17
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Originally Posted by Rete
You consulted an attorney, go with what he told you.
Jul 19th 2006, 1:29 pm
#18
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Rete,
In other words, Iliana should keep that appointment for a consultation
with the attorney?
Regards, JEff
Rete wrote:
> > Nothing would happen... the couple are still married.
> >
> > Ian
> Not true. USCIS, I believe, considers a lawful separation to be the
> same as a divorce. It would negate the approval and would require the
> recipient to refile the I-751 with a waiver.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
In other words, Iliana should keep that appointment for a consultation
with the attorney?
Regards, JEff
Rete wrote:
> > Nothing would happen... the couple are still married.
> >
> > Ian
> Not true. USCIS, I believe, considers a lawful separation to be the
> same as a divorce. It would negate the approval and would require the
> recipient to refile the I-751 with a waiver.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
Jul 19th 2006, 7:59 pm
#19
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-751 / abandoned by USC spouse
Originally Posted by ian-mstm
I'm not saying you're wrong, but I'd be very surprised if this were true. Legal separation does not necessarily lead to divorce... and by treating the two as if they were equal would seem to undermine USCIS' own process.
Ian
Ian
You can adjust if you are still married and the marriage is shall we say functional.
You can adjust if you are divorced.
You can not adjust if you are "in between".
Logic in this situation is the logic of those who framed the rules.
Jul 19th 2006, 8:18 pm
#20
Concierge
Joined: Apr 2001
Posts: 46,414
Re: I-751 / abandoned by USC spouse
In my opinion? Yes, I would keep the appointment with the attorney. He will probably tell her that since there is no legal separation and this is all so new .... blah blah blah but better to have it confirmed by someone who purports to know immigration law.
Even if she were to divorce in a year, if she goes for naturalization it will show that the divorce was many months after the approval of the I-751.
Even if she were to divorce in a year, if she goes for naturalization it will show that the divorce was many months after the approval of the I-751.
Originally Posted by JEff
Rete,
In other words, Iliana should keep that appointment for a consultation
with the attorney?
Regards, JEff
Rete wrote:
> > Nothing would happen... the couple are still married.
> >
> > Ian
> Not true. USCIS, I believe, considers a lawful separation to be the
> same as a divorce. It would negate the approval and would require the
> recipient to refile the I-751 with a waiver.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
In other words, Iliana should keep that appointment for a consultation
with the attorney?
Regards, JEff
Rete wrote:
> > Nothing would happen... the couple are still married.
> >
> > Ian
> Not true. USCIS, I believe, considers a lawful separation to be the
> same as a divorce. It would negate the approval and would require the
> recipient to refile the I-751 with a waiver.
> --
> I'm not an attorney. This disclaimer is valid in NYS!
> Posted via http://britishexpats.com
Jul 19th 2006, 8:32 pm
#21
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Vinayac,
To address your question on how USCIS treats 'legal separation', here
is my experience -
About two years ago, my husband started his own business. Due to his
bad credit history, I had to co-sign his business insurance and bond
applications, which basically meant that our house would be at risk if
his busines goes totally wrong.
On my question "how could I protect our home", the insurance agent said
"get legaly separated and transfer the house onto your name" - that way
we'd reduce the risk of loosing the house. I then called an Immigration
lawyer and asked if that's safe to do.
Answer was 'Legal separation is treated by USCIS just like a divorce".
If interested I could tell you the name of the lawyer I talked to, so
it's not just stories out of a thin air. Luckily, my husband's
business existed for just a few months, after that
he got a job and all was fine.
Could anybody that had actually spoken to a lawyer could confirm what I
was told?
To address your question on how USCIS treats 'legal separation', here
is my experience -
About two years ago, my husband started his own business. Due to his
bad credit history, I had to co-sign his business insurance and bond
applications, which basically meant that our house would be at risk if
his busines goes totally wrong.
On my question "how could I protect our home", the insurance agent said
"get legaly separated and transfer the house onto your name" - that way
we'd reduce the risk of loosing the house. I then called an Immigration
lawyer and asked if that's safe to do.
Answer was 'Legal separation is treated by USCIS just like a divorce".
If interested I could tell you the name of the lawyer I talked to, so
it's not just stories out of a thin air. Luckily, my husband's
business existed for just a few months, after that
he got a job and all was fine.
Could anybody that had actually spoken to a lawyer could confirm what I
was told?
Jul 20th 2006, 12:31 pm
#22
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Originally Posted by Iliana
Vinayac,
To address your question on how USCIS treats 'legal separation', here
is my experience -
About two years ago, my husband started his own business. Due to his
bad credit history, I had to co-sign his business insurance and bond
applications, which basically meant that our house would be at risk if
his busines goes totally wrong.
On my question "how could I protect our home", the insurance agent said
"get legaly separated and transfer the house onto your name" - that way
we'd reduce the risk of loosing the house. I then called an Immigration
lawyer and asked if that's safe to do.
Answer was 'Legal separation is treated by USCIS just like a divorce".
If interested I could tell you the name of the lawyer I talked to, so
it's not just stories out of a thin air. Luckily, my husband's
business existed for just a few months, after that
he got a job and all was fine.
Could anybody that had actually spoken to a lawyer could confirm what I
was told?
To address your question on how USCIS treats 'legal separation', here
is my experience -
About two years ago, my husband started his own business. Due to his
bad credit history, I had to co-sign his business insurance and bond
applications, which basically meant that our house would be at risk if
his busines goes totally wrong.
On my question "how could I protect our home", the insurance agent said
"get legaly separated and transfer the house onto your name" - that way
we'd reduce the risk of loosing the house. I then called an Immigration
lawyer and asked if that's safe to do.
Answer was 'Legal separation is treated by USCIS just like a divorce".
If interested I could tell you the name of the lawyer I talked to, so
it's not just stories out of a thin air. Luckily, my husband's
business existed for just a few months, after that
he got a job and all was fine.
Could anybody that had actually spoken to a lawyer could confirm what I
was told?
Jul 20th 2006, 4:46 pm
#23
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Hello all,
I appreciate you coming back to my post!
I'll meet with two immigration lawyers (next week) and will update the
post with what they have to say. Stay tuned...if interested!
best,
i.
I appreciate you coming back to my post!
I'll meet with two immigration lawyers (next week) and will update the
post with what they have to say. Stay tuned...if interested!
best,
i.
Jul 20th 2006, 7:08 pm
#24
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Originally Posted by Iliana
Hello all,
I appreciate you coming back to my post!
I'll meet with two immigration lawyers (next week) and will update the
post with what they have to say. Stay tuned...if interested!
best,
i.
I appreciate you coming back to my post!
I'll meet with two immigration lawyers (next week) and will update the
post with what they have to say. Stay tuned...if interested!
best,
i.
Jul 28th 2006, 7:28 pm
#25
Guest
Posts: n/a
Re: I-751 / abandoned by USC spouse
Hi, here is my update (for what it's worth it!)
I spoke with one immigartion lawyer, and one divorce lawyer who
contacted another immigration lawyer on my behalf (and saved me another
consulation fee)
The immigration lawyer who was contacted by my divorce lawyer limited
herself to saying, as long as we have been oficially married at the
time the I-751 was approved,
I am 'on the clear'.
The immigartion lawyer I spoke to, provided more details, but all
confirming the above statement. So, a functional marriage is required
so that the approved I-751 is not at risk.
Since me and my husband were married when the I-751 was approved,
then...I'm OK.
Despite the temporary living and working in two diferent states, we
weren't in an argument at all, we communicated at least twice a week
(over the last two months, before my husband just 'disapeared' ), and
on a daily basis prior to that. So, my 10 y GC is not at risk. Thanks
Goodness!
To address Vinayac's question - if you have only a separation agreement
, but it is not filed in court, (i.e. it is not a legal separation!)
and your I-751 get approved, you should be fine. If you were legaly
separated when filing your I-751, or got legaly separated while
wiating for your I-751 to be approved, then you might be asked by INS
to refile I-751 on your own (i.e. the waiver) - according to my lawer,
it would all depend on how much documents proving a bona fide marrage
you provided when filing the I-751.
Thank you all once again for your support and help!
Good luck!
i.
I spoke with one immigartion lawyer, and one divorce lawyer who
contacted another immigration lawyer on my behalf (and saved me another
consulation fee)
The immigration lawyer who was contacted by my divorce lawyer limited
herself to saying, as long as we have been oficially married at the
time the I-751 was approved,
I am 'on the clear'.
The immigartion lawyer I spoke to, provided more details, but all
confirming the above statement. So, a functional marriage is required
so that the approved I-751 is not at risk.
Since me and my husband were married when the I-751 was approved,
then...I'm OK.
Despite the temporary living and working in two diferent states, we
weren't in an argument at all, we communicated at least twice a week
(over the last two months, before my husband just 'disapeared' ), and
on a daily basis prior to that. So, my 10 y GC is not at risk. Thanks
Goodness!
To address Vinayac's question - if you have only a separation agreement
, but it is not filed in court, (i.e. it is not a legal separation!)
and your I-751 get approved, you should be fine. If you were legaly
separated when filing your I-751, or got legaly separated while
wiating for your I-751 to be approved, then you might be asked by INS
to refile I-751 on your own (i.e. the waiver) - according to my lawer,
it would all depend on how much documents proving a bona fide marrage
you provided when filing the I-751.
Thank you all once again for your support and help!
Good luck!
i.
