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Ola Ola
Apr 3, 2022
Filed I751 jointly changing to filing separately due to extreme cruelty
So I have a question, please any advices and answers would be highly appreciated. I filed my I751 jointly April 2021 and it moved fast until December 202 when it says ready to be scheduled for interview I didn’t get an interview date yet but I want to switch to filing separate cuz my spouse has been abusive and also threatening me. Mu question is if I send all my documents down to uscis for filing separately would my priority date still be the same as we are still married but living separately starting this year and I filed my N400 application in February 2022. Any advices please?
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Rocco FortéApr 3, 2022
First off, I am sorry for what you are going through. Have you filed for divorce?
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Ola OlaApr 3, 2022
No I didn’t file for divorce yet. The lawyer said I should let him do it if he really wants divorce
july lopezApr 3, 2022
if you not living whit your hasband for 3 month or more. you dont married, you need the divorce ..
Rocco FortéApr 4, 2022
who files for divorce is immaterial to USCIS. You need to make up your mind as you cannot file separately while still legally married…
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Ola OlaApr 4, 2022
@rocco forte, the lawyer said she’d file separately and argue extreme cruelty since the marriage was a good faith marriage and it can be proved
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Ola OlaApr 4, 2022
@july Lopez I can’t live separately from my spouse if my job takes me out of state tho and my address is still same as his
Nina MRApr 4, 2022
if you divorce your N400 is gonna be denied.is not a 3 years rule is 5 if you are divorced. divorce is living in different places.You can't file divorce if you still live in your home together. plus don't forget Uscis is gonna be very thorough checking all your documents .The 2 years conditional are for the quantity of people commiting fraud .

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