If I filed a joint I 751 application but am now separated but not divorced, what should I do?

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If I filed a joint I 751 application but am now separated but not divorced, what should I do?

I just filed jointly with my legal husband but we are currently separated but not divorced. I feel bad about this having an impact on his legal status but I don’t want to get myself in trouble either. What should I do? I have no plans on getting back together with him and I am even planning to go to the county office to apply for food stamps, medical, and cash aid/welfare on behalf of my daughter and I. Will this have any effect on his pending I 751 application or could he still be approved if he gets lucky if his application ends up not requiring an interview?

Asked on February 11, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband can prove that the marriage was bona fide at the time it was entered into and through its termination, then he can get the conditional status removed.  However, if you are no longer in a bona fide marriage, you cannot file jointly and if he is called in for an interview, he will be denied and/or told to refile once he is legally divorced


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