robbie3002

Hi
I have found myself I the position that my American wife has left and wants a separation, exact reasons I don't know why!
Where does this leave me, I currently have an I-751 in process.
Not working at the moment, so not sure where I am money wise as well.
I purchased the house from the sale of my house in the uk, it is in joint names here, we had a verbal agreement when we purchased it but nothing in writing.


any help and advice would be good.

Rete

Sorry to hear about your marital problems. Separation and/or divorce is never easy regardless of your status.

At this point it behooves you to find a job asap. I'm assuming it was your wife is was supporting the household. Depending on the state you are residing in, the house might well be community property and she will be entitled to 1/2 of it. In most cases, you can either buy her out or sell it and split the proceeds. A verbal agreement, while it can be honored if both parties agree, most likely will not hold up in family court, especially if she were the one that was financially supporting the household, i.e. paying the mortgage, utilities, insurances, etc. for the upkeep of the property.

The I-751 has been submitted prior to this and is pending so there is nothing to be done on that front. Just let it ride as it was valid at the time of submission and while you have separated, it is not a legal separation as yet. Not sure if that will make any difference.

So I take it that you lost your job (you were previously here on an L visa). Are you still planning on returning to the UK to look after your Mum?

Guindalf

Paging Civilservant. Civilservant to the WHITE courtesy telephone please!

Pulaski

I PMed him several hours ago, but I fear he might be all at sea, literally, ..... on a cruise to the Bahamas.

================================
Separation or divorce is no bar to a successful clearance of conditions on a green card based on a marriage entered into in good faith. Civilservant found himself in that situation himself, and has become the de facto BE expert on clearing green card conditions through the I-751 form after your marriage has failed.

ian-mstm

The only difference between a separation and legal separation is a court order - which isn't required. If the wife has gone, they're separated... and a court order will make no difference to the situation. Depending on the state, one doesn't need to be legally separated first in order to file for divorce.

Ian

ian-mstm

Keep in mind that separation (and divorce if it comes to it), does not release your wife from her financial sponsorship under the I-864 that she signed and which is a binding contract with the US government. Just something to keep in the back of your mind if/when it comes time to divide the marital assets!

Ian

Rete

True, i.e. NYS a one year separation leads to a final divorce decree.

You didn't respond on whether he needs to do anything further since you has left him. Can the I-751 continue on with the USCIS until adjudication during this separation?

Memory reminds me that this has been debated heatedly in the past and that the majority felt that it could and that the I-751 is unhindered by the separation. Is this still the opinion of the experts?

Noorah101

Yes, the I-751 can proceed even though they are separated at the moment. They are still married, and the I-751 was filed in good faith while still together.

Rene

Pulaski

It is also perfectly possible to file an I-751 after your marriage has failed.

ian-mstm

Yes - for the very reasons Rene notes in her post.

Ian

Rete

Thanks Ian and Rene. I just wanted confirmation of what I had written so that I wasn't leading him onto a wrong path.

civilservant

I fear I might be riding into town a little late on this one, but here I am

As others have said, your separation, while important to your life, has no bearing on the I-751 at this point because at the point you submitted it you were married and not separated. That said, if and when you get called for an interview it would be best to come armed with the facts.

Firstly, protect yourself. Hire an attorney and, if I may make a suggestion, file the divorce papers first. My experience was that being the Plantiff in the case was a much more powerful position than being the Defendant - the Plantiff files the petition, states the reasons, and it gives a platform to say your piece.

If you can, get confirmation of where you sold your UK house and the difference places those funds went right into the US purchase - if you can prove they were yours then you are on good ground.

Coming back to the I-751, being to prepare evidence of your life together before the separation to prove that it was a good faith marriage. You can search my previous threads to see what I submitted, it ended up being a fairly hefty package.

The 95% likelihood is that since you filed jointly, you probably won't get called for an interview. I was divorced and did not get called for one.

Most of all don't panic or worry. This isn't the end of the world. If you have the means to survive without working great, if not then find a job, but also find somewhere to hang out. See if your local area has a BritishExpats meeting group and attend if you want. Get out there and meet new people. Most of all, do not isolate yourself... especially in a foreign country.

This isn't the end!

Not for a couple more weeks... time it is a-ticking

robbie3002

thank you all

so one more question. with the thingy of support, avidavid or how every you spell it. I have researched it a lot.
my wife has now said she wants a divorce, I can take her to federal court for the support thingy she signed, what about utilities, most are in her name, what happens with them. I actually think she is having an affair as well.

ian-mstm

Your wife is responsible for all debts incurred in her name. If she stops paying utilities, then the utility company can turn off the service... but that has nothing to do with either the I-864 or US immigration.


I'm sorry if that's the case... but that's not an immigration issue either.

Ian

Noorah101

Nothing happens with utilities. I don't really know what you're asking. Utilities are not tied to your immigration status.

Rene