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JayJayH

Divorce with ROC pending

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Filed I-751 jointly in December. We were separated, not living together, however not "legally separated." We listed the separate addresses in the original I-751. Filed for divorce a month after.

Received RFE for the joint I-751 petition with a response due date in August. Basically, they wanted more recent evidence of a bona fide marriage, which I don't blame them for since we'd been separated for quite some time when filing the I-751. The evidence was fairly solid, but "out of date." My immigration attorney advised me to either respond ASAP before the divorce finalized, or wait until after the divorce would be final and respond to the RFE with the divorce decree.

I just heard from my divorce attorney that the divorce should be official at the end of July (CA no-contest divorces take 6 months). Of course, the immigration attorney just went on a 2 week vacation yesterday.

I'm a little worried here. I have another 6 weeks to respond to the RFE, I'm about 3 weeks away from a final divorce decree with a joint petition pending, and I have an attorney on vacation.

In the event that a joint petition is filed by a separated, yet still legally married couple, and divorce is both filed and approved after the initial I-751 petition - Do I have to refile the I-751, or does CIS "convert" it/treat it as waiver petition from then on?

And, are these ever denied without an interview?

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If you get the divorce before that date you will getnthat RFE asking you to sign and officially change your application. I am going through this exact scenario. Joint application but with notice of separation. We listed the same address though, I have my divorce decree. If you don't send decree you two will BE going for another interview

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If you get the divorce before that date you will getnthat RFE asking you to sign and officially change your application. I am going through this exact scenario. Joint application but with notice of separation. We listed the same address though, I have my divorce decree. If you don't send decree you two will BE going for another interview

So my current joint petition would be "converted" (for lack of a better word) to a waiver petition, when the USCIS received my RFE response with a divorce decree attached?

You received another RFE to sign that you wanted to have your petition treated as a waiver petition?

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Yes my RFE had a place for me to sign and officialy change it to a waiver. If you mentioned that you were in the process of separation just send the final decree with a notarized request to switch your application as a waiver. It should be sufficient

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