ok heres the deal...

i have now been divorced from my wife, have the decree in hand.

my i-751 is still pending and from what i gather INS doesnt know we are divorced as surely i would have found out by now that they know.

Wife decided to throw all my copies of the documents i sent along with 2 yr card application and I-751 application, so am sending off for copies of those documents to INS, so i can apply for my I-751 myself and with lawyer without her if i dont get approved first by the INS.

the marriage was legit as the amount of evidence is amazing as even through the divorce she still stated that she loved and still does love me, but then she was forced by her family to divorce me as they didnt like me..and i have emails, texts and instant messaging records to prove i tried to save the marriage and that we kept in contact through out the divorce proceddings.

I'm not sure what exactly you men by that sentence I bolded above? Where and what are you sending off? USCIS, as far as I know, does not provide you with copies of previous applications.....but I could be wrong.

If you have a finalized divorce in hand, but you have a petition to remove conditions based on still being married is still pending, you should withdraw your initial application and submit one by yourself. Your have a final divorce decree that is dated before the adjudication of your removal of conditions...it could cause problems for you at a later date.

-P

but i would have to wait to get the documents back from the uscis before i could re apply on my own????

Well you would be withdrawing your initial I-751 and filing another one based on now being divorced from your spouse. (I'm not sure if that means USCIS will return your documents back to you....I don't think its done that way, but I'm sure someone who knows this for sure will correct me on this point. A withdrawal of an application/petition just means that they will mark that case# as "petition withdrawn" and will take no more action on it...but I don't think they'll mail you documents back to you.)

-P

I'm definitely curious to find out if USCIS will send you copies of all the documents you submitted.

Good luck!

whats the harm in sending my the copies back??

Because you're assuming the left hand talks with the right hand....and w/ USCIS that is seldom the case. (Your documents are sitting on a shelf, in a room somewhere at USCIS, while your letter or phone call, to request your documets takes place w/ someone somewhere else....matching the two up, and then getting USCIS to follow through and put your documents in the mail....slim chance IMHO.) I wouldn't even know the procedure to place such a request. Anybody have any idea???

-P

when she divorced me she and her family emptied out my house and took ALL my stuff away so thats why i dont have the documents.......

You don't need them. File to adjust status on your own.

The "harm" in sending copies of the documents to you is simply that you are not "entitled" to them, even if it would be a nice thing to do. Why do you need them?

because as she and her family emptied the house they packeded up everything including the documents and i never got them back

Again, why do you need them back? I understand you don't like not having them but I didn't ask why you didn't have them. The question is why do you need them. The answer might be important.

we are now divorced..i have the divorce decree in hand. i will have to apply on my own now even though the current (joint) i-751 is still pending..thats why i need the docs back.

Of course he needs them!




He needs them to demonstrate the bonafides of his marriage! Why on earth are you asking such silly questions?

It is against the statutes for USCIS to adjudicate a jointly-filed I-751 petition if the parties have since divorced. Even if PR was conferred, if it came to USCIS' knowledge that they awarded PR to you after your divorce was final, they would be required to redress that. You should follow protocol and request the joint petition withdrawn and replace it with a waiver, using form I-751 again, but noting "d" on the form.

I'd supply a cover letter explaining the reason for your request to withdraw and resubmit, and ask if the documentation presented to support the joint application can be used for this one. Normally, when an alien submits something that he or she wants returned, there is a proper process to follow. Use form G-884.

You can download that form here,
http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD.
Absent that or if that request to use the documentation is not honoured, then you'd have to resort to FOIA, but that could litelly take months.

"Why" questions do not presuppose there is not acceptable or legitimate answer. I asked the question to get a meaningful answer. If certain of the documents are needed, he could state which documents so we might discuss options for dealing with their absense. I'm trying to open a meaningful discussion to help the OP.

The answer to my question gets us started on that road. For instance, if I took all the documents in my home, my wife and daughter wouldn't have green cards or passports because they're in the safe with my handgun.

Yes, they have access.

i am seeing a lawyer next week, so i shall see what can be done..the fact that we have had contact whilst the divorce was in process and the fact that i have emails text messeges and instant msgs from her saying things like she loves me etc then thats some real good proof there that the marraige was legit..i have tax forms and marriage license bank staements, and affidavits thats bout it for now

It seems to me that you have some 'documentation' that your marriage was bona-fide while it lasted. You have tax-returns (filing as a married couple, i assume) and your common bank statements, and your affidavits.

DM's advice, on withdrawing your initial application and re-applying is spot-on.

Good luck,
-P

withdrawing your initial application and re-applying..how do i go about doing that? and surely they would still keep my documents i sent them if i was to re apply??

It is still silly, forgive me, there is no more courteous a response. He needs all the documents that were submitted with the joint I-751 application which is currently pending. As noted in this part of his original post

A letter drafted to the local district office (in case the file is there for adjudication) and another identical letter and the waiver form I-751 needs to be sent to the address on the instructions for the form I-751 for your jurisdiction. The cover letter should request that the pending jointly-filed application be withdrawn for reasons that the marriage has been legally terminated and you wish to replace it with a waiver on the grounds that the marriage was bonafide but terminated in divorce BEFORE adjudication occurred on the joint submission(copy of divorce decree enclosed). Send copies of any and all evidence that you have of a bonafide marriage, and ask in the letter (remember you are copying both places) that you request that initial evidences submitted with the jointly-filed I-751 (if you have a copy of the NOA for that case, submit it, or refer to it to make sure the files are merged) be ammended to this waiver.

Or, you can request those original be returned to you by way of Form G-884, wait until they arrive and then submit the waiver. I would caution you that I don't know how quickly that will occur, and if the joint application is approved in the interim, it will not preclude you submitting the wiaver anyway. The INA stipulates that an approval of a joint submission is not appropriate if the parties are divorced, which you are already.

So, since there's a chance you'll never see any documents your wife may have destroyed or anything back from USCIS, it would seem productive to focus on how to proceed accordingly. Does the lack of any of the documents you no longer have, prevent you from withdrawing and filing again? If so, which documents? Can they be obtained again?

My approach to problem solving is to clearly identify the details of the problem and take them on one step at a time. Not your cup of tea? Then no need to respond. I'm here to help, not argue or take abuse.

OMG! Abuse? Oh, please don't be so melodramatic, and try not to personalize, it takes the topic waaaay off course, and this is not about "you" or "me" it is all about answering the OP's questions. Sound familiar

I have a problem when a member gives misinformation, clearly inaccurate information, and then when corrected either ignores the matter entirely, or a objects to something else.

The point is pushbrk, that this comment could be relied upon to the OP's detriment, without more clarification.


First, let's all agree to use proper terminology, to begin with. This stage is the "removal of conditions". While many refer to it as an adjustment of status, status is not adjusted, but terms and/or conditions attached to that status are lifted, or removed.

Secondly, the statement "you don't need them" could be misinterpreted. He does need documentation[emphasis added], in fact, I'd be willing to say that if his is the average case of a divorced alien at this stage in the process, he needs ALL of the documentation he refers to having been thrown away that was part of the submission for AOS and the joint I-751. I am sure you wanted to convey that he doesn't need "those"[emphasis added] particular copies of documentation, as he could probably, with a little time, create the whole collection again, but not everyone on this board is in your line of work, and even in your line of work, it is customary to provide indication of how you wish the information to be read!

Thirdly, there is no "harm" done to USCIS to send him his documents. USCIS doesn't look upon returning documents in terms of whether or not is a bother. Aliens that wish any original documentation returned simply submit a G-884.

And finally, he is fully entitled to what he has submitted, see the above form to be used in such an instance. And furthermore, he is fully "entitled" [emphasis added]to see his A-file, save for a couple of proprietary pieces, if he is prepared to submit a FOIA request!

I like this plan.

I'd supply a cover letter explaining the reason for your request to withdraw and resubmit, and ask if the documentation presented to support the joint application can be used for this one.

Perhaps it looks familiar to its author. I think it will work without access to any pieces of paper thrown away by the spouse and her family. I suggest the OP get their advice about their case from the author of the above quoted sentence. If any documents end up needing to be reproduced, I'm sure she can advise him on how to accomplish that as well.

You are going to have to have a sponsor for the I864 or you yourself are going to have to prove you can financially support yourself in the USA, good luck. Hope it works for you.

The I-864 is already in force. This is just a removal of conditions.