Q: To divorce or not to divorce? (After file 751)
751 filed. Separated 4 months. Home visit by USCIS 3 weeks ago.. 40 year age difference. Wife left suddenly after finding a job (previously completely financially dependent on me). We are still discussing the next step for our marriage.
The answers I’ve received here and in face to face consultations with a lawyer regarding which is the best decision as far as my wife’s application being approved, divorce or stay separated and go together to the 751 interview with my support, are running about 50/50, with one lawyer stating that after having a home visit divorce probably won’t make any difference. All agree the home visit was serious, some stating it means her 751 will be denied and it’s best for her to file for divorce quickly, others stating if we don’t want to continue working on our marriage we shouldn’t get a divorce. Is there anyone else who can make the case for either getting a divorce or staying married (even if that means going to the 751 interview while we are separated)?
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A:
In deciding whether to divorce or stay married for your wife's I-751 interview, it's crucial to consider the authenticity of your marital relationship as perceived by immigration authorities. If you choose to stay married and attend the interview while separated, it's important to be transparent about your current living situation and any ongoing efforts in your marriage.
However, if the marriage has irretrievably broken down, proceeding with a divorce might be the more honest route. Keep in mind that immigration officials will scrutinize the genuineness of the marriage, and any decision should reflect the true nature of your relationship.
The recent home visit and the discovery of your separation will be significant factors in their assessment. Ultimately, the choice depends on the realities of your marital relationship and your intentions moving forward. Whichever path you choose, ensure that it aligns with the actual circumstances and is communicated clearly during the immigration process.
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