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carosully

Please help, filed I-751 now eventual divorce [edited title]

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Hi everyone, I been looking for help all over the Internet but nobody seems to have an answer for this. So I filed my I175 petitition in february. Now me and my husband are probably going to get divorced. My petititon is still untouched because Vermont center is still working on october cases. I have no idea what to do next. My husband wants me to sign divorce papers and his lawyer already put it a 'summons of complaint' with the court here. I read on the USCIS site the following: If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

  • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

The thing is how do i let them know? Like they say they will issue a request but where is it written what I legally have to do now?

Any of you guys went through this? Please help me I'm crying all day cause i feel helpless and Im scared Ill have to leave my life here. I have nothing in my old country I came here for my husband but things didnt work out but we're already married 3 yrs so I have built a life here... Ugh

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1st you need lawyer

2nd i think you need to send new 751 but Waver

3rd divorce process takes between 6 and 12 months depends on the state

Also, you can go to avvo.com and post question and lawyers will send you answers for free.

Good luck!

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By law the petition has to be withdrawn since you guys are divorced. You'll then have to file again individually this time by yourself with a waiver and send divorce decree together with proof of bona fide marriage like you guys did. You will be interviewed alone ( very likely) to explain the circumstances of your divorce and marriage life. Your ex husband may be called on the phone to be questioned or not. USCIS just wants to know if you marriage was entered in good faith. Sometimes people get married for best intentions but later stuffs happens and they have to go on separate ways and they know that. So if you can show that you'll still get your 10 year resident card. It will even make it more smooth if you and your ex husband are on good terms and he's corporative. It's best to go forward at this juncture with a lawyer though for your own good.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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*** Thread moved from AOS/Family-Based main forum to the Removing Conditions forum -- topic involves ROC. Thread title edited to correct the form number. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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By law the petition has to be withdrawn since you guys are divorced. You'll then have to file again individually this time by yourself with a waiver and send divorce decree together with proof of bona fide marriage like you guys did. You will be interviewed alone ( very likely) to explain the circumstances of your divorce and marriage life. Your ex husband may be called on the phone to be questioned or not. USCIS just wants to know if you marriage was entered in good faith. Sometimes people get married for best intentions but later stuffs happens and they have to go on separate ways and they know that. So if you can show that you'll still get your 10 year resident card. It will even make it more smooth if you and your ex husband are on good terms and he's corporative. It's best to go forward at this juncture with a lawyer though for your own good.

Thx so much for the reply! We are not divorced yet tho so if i withdraw im not gonna be able to file for the waiver just yet because in order to apply for the waiver the divorce has to be finished already?

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Thx so much for the reply! We are not divorced yet tho so if i withdraw im not gonna be able to file for the waiver just yet because in order to apply for the waiver the divorce has to be finished already?

yes.

plus if divorce is not done, they will send you RFE and ask to send divorce decree but it will take months until you get it.

Since you filed to VT office they will take up to a year, you know how slow they are. My suggestion is wait until divorce is done and then send waver.

Thoughts?

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yes.

plus if divorce is not done, they will send you RFE and ask to send divorce decree but it will take months until you get it.

Since you filed to VT office they will take up to a year, you know how slow they are. My suggestion is wait until divorce is done and then send waver.

Thoughts?

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.

someone also said i should send a letter letting the USCIS know I'm going to have a divorce? Maybe thats the start of the RFE? Why are there no damn instructions on what to do on their website for this case? And then they gonna hold me responsible if something was done wrong :-((( this is so stressful for me :(

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I can give you my lawyer info. She is great! plus not expensive.

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.


someone also said i should send a letter letting the USCIS know I'm going to have a divorce? Maybe thats the start of the RFE? Why are there no damn instructions on what to do on their website for this case? And then they gonna hold me responsible if something was done wrong :-((( this is so stressful for me :(

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Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Find out approximately how long it will take for the divorce to be finalized, if it's a simple uncontested divorce then a couple month

may be all it takes.

If withing 2-3 months you will anticipate the divorce to be final send a letter to USCIS that you are in divorce proceedings and are requesting that your

initial joint petition be amended to be changed into a divorce based waiver petition OR withdraw the previous petition and file another marked

divorce in the box, either way you will then get a RFE for the final divorce decree, you usually have 87 days to submit it.

If you can't submit it after that your case would be denied but you would have another chance before a judge.
You had asked what to do to even get the RFE, you send the letter to amend OR re file based on waiver.

The timing of obtaining the final divorce decree is a bit tricky, so know when to approx get it.

I don't know if the address below is valid anymore or if it has to be send to your service center or just a general USCIS address.

You can make an infopass but double check what you are told because sometimes they misinform you.

Consulting a lawyer on how to proceed is probably best, you can then proceed yourself based on that advice without having them do the

whole thing.

  • If the petitioner and beneficiary filed an I-751 petition jointly but
    • separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.
    • get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Find out approximately how long it will take for the divorce to be finalized, if it's a simple uncontested divorce then a couple month

may be all it takes.

If withing 2-3 months you will anticipate the divorce to be final send a letter to USCIS that you are in divorce proceedings and are requesting that your

initial joint petition be amended to be changed into a divorce based waiver petition OR withdraw the previous petition and file another marked

divorce in the box, either way you will then get a RFE for the final divorce decree, you usually have 87 days to submit it.

If you can't submit it after that your case would be denied but you would have another chance before a judge.

You had asked what to do to even get the RFE, you send the letter to amend OR re file based on waiver.

The timing of obtaining the final divorce decree is a bit tricky, so know when to approx get it.

I don't know if the address below is valid anymore or if it has to be send to your service center or just a general USCIS address.

You can make an infopass but double check what you are told because sometimes they misinform you.

Consulting a lawyer on how to proceed is probably best, you can then proceed yourself based on that advice without having them do the

whole thing.

  • If the petitioner and beneficiary filed an I-751 petition jointly but
    • separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.
    • get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

Ok thats helpful thanks, where did you get the below statement from about the I-751?

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