Filling out the i-751 form??

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Filling out the i-751 form??

My spouse and I are going through a trial separation due to problems we’ve
been having and many months of marriage therapy.

I can’t file for removal of conditions until late September. Our lease ends on our
current place as our landlord has decided to sell the house, so we are going to
be living separately but in the same city for almost two months prior to filing the
i-751 form.

What should I do regarding addresses? Should I just put us both as living at the
same address or should I explain the whole situation and provide affidavits from
our marriage therapist and friends to show we entered the marriage in good
faith.

I’m just torn between making a big deal out of it, or just not drawing attention to
it. I’m worried that raising it will result in my losing my residency. Please help?

Asked on July 13, 2016 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are no longer in a bona fide marital relationship at the time of filing for the removal of conditions, you cannot file it jointly and you really cannot file it by yourself if you are still legally married.  However, if you believe that your marriage is reconcilable and you think you will reconcile, I'd probably suggest that you wait until the last possible  moment to file the I-751 and, hopefully, you would be able to file it at that time together with your spouse.  If you say you can't file the I-751 for another 3 months and the I-751 can be file within 90 days of the expiration date, that suggests that you might have about 6 months before you have to file.  If that's the case and you feel that this marriage has a chance, perhaps 6 months will be enough time for you two to determine that.


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