Marcus Mueller

Friends:

A difficult situation and I would appreciate any advice.

I filed my I-751 normally (Nov 2002), but, shortly thereafter, my wife
(USC) and I decided to separate/divorce. The separation was not
necessarily bitter, but, as many of you can imagine or know, it wasn't
necessarily amicable either; such things seldom are. My wife,
however, acknowledged that I had married in good faith (the marriage
was of three years duration, but we had dated, commitedly, for 7
years prior to marriage; i have been in the US now for 15 years on
various visas) and she was prepared, though perhaps not exactly
delighted, to go for an interview if we were called; she also agreed
to defer finalization of our separation until the conditions were
removed.

On the original filing to Nebraska, the NOA told me that i could
expect a response within two months . . . . A mere two weeks after
that, friends on this board were saying that Nebraska was saying 8
months. Clearly, I had just missed the boat. But, i checked the AILA
listings each month, and things were moving slowly forward. Then,
with many of us, the transfer of 751s to Vermont, which promises
perhaps another 12 months of delay.

My question. My wife, understandably, is beginning to get frustrated
with the delay; i cannot blame her for that, though i don't think
there is any functional urgency for her (i.e. the desire to remarry);
i can, notwithstanding, see her point of view. So, my options:

1) Divorce, and simply let the process ride, see if i get permanency
without an interview. But, if i do get an interview, and we are
officially divorced at that time, what does this mean?

2) Divorce, and file again, now, with a waiver?

3) Continue as we currently are, separated, but hope that we don't
get an interview?

4) Continue as we currently are, but, if we get an interview, does it
matter that we are separated?

I would be grateful for any thoughts or suggestions.

Marcus

histamine

Marcus,

I -751 is a big pain ... AND you are not alone in this predicament. I am in the same situation and right now trying to collect as many documents as I can cause as I said the wait for I-751 can be really really long. The best bet is to divorce and file for a waiver. There is a risk of being denied and gettinG deported but if your marraige was in good faith then people like you and me have very less to worry about. I cant express myself more of how I feel about this 2 page form which take 2 years to processes.

Mrtravel

Separate or divorce without considering the I-751.
Let the I-751 currently filed work its way to the interview or non
interview. It sounds like you have ample evidence this was not a
marriage for a green card.

histamine

be honest with BCIS.. thats the best thing you can do.. whatever the case may be

if your marriage is or was bonafide you will win in the end

Marcus Mueller

friends (and Histamine):

Thank you for your post, but i should perhaps have made one point more
clear.

My estranged wife and I never contemplated lying to the BCIS, i.e.
pretending still to be happily married. We would tell the absolute
truth, of course, about the good faith of the marriage at the time,
and, to both our deep regrets, the fact that we had decided that the
marriage was no longer viable.

I just thought that i would make that clear.

best, marcus

On Fri, 29 Aug 2003 18:24:08 +0000, histamine
<[email protected]> wrote:

    >be honest with BCIS.. thats the best thing you can do.. whatever the
    >case may be
    >if your marriage is or was bonafide you will win in the end

Michael

Marcus Mueller <[email protected]> wrote in message news:<[email protected]>. ..
    > Friends:
    >
    > A difficult situation and I would appreciate any advice.
    > So, my options:
    >
You forgot OPTION NUMBER 5: GET OUT OF MY COUNTRY !

Mrtravel

Michael wrote:
    > Marcus Mueller <[email protected]> wrote in message news:<[email protected]>. ..
    >
    >>Friends:
    >>A difficult situation and I would appreciate any advice.
    >> So, my options:
    >>
    >
    > You forgot OPTION NUMBER 5: GET OUT OF MY COUNTRY !

Yeah, I am sure that has been recommended to you before.

toniivanov@hotm

My what happens if you did not tell INS that you separated (in hope you'd be approved w/out interview) and do get called on one. Apperently you'll have to tell them then. How will they react to this situation? Or should you ask for a "waiver of the Interview" based on marriage was in good faith but ended after aplying jointly. Do you know what is the procedure?