Divorce few weeks after filing joint I-751, Help!

[IcezMan_IcezLady 582]

[How will they know that you are in divorce proceedings?]..You are supposed to inform them. If you dont and it comes up later, guess who will pay for willfully withholding vital information to your application process? YOU!

So do the right thing before you are forced to do it.

[firebird00 66]

They'll just send a RFE for the divorce decree and keep your case on hold until you produce it..... no waiver needed.....

But we filed joint petition, how will they send me a RFE for the divorce decree? Should I send them a letter first?

[How will they know that you are in divorce proceedings?]..You are supposed to inform them. If you dont and it comes up later, guess who will pay for willfully withholding vital information to your application process? YOU!

So do the right thing before you are forced to do it.

How should I notify or inform them? Just send a letter?

You immigrated to the US, got married and divorced all within 90 days?!?!?! I would think you need some pretty strong bona fida evidence for that waiver.

And you should send a letter informing USCIS of your separation and pending divorce. You're suppose to keep USCIS updated on any changes.

No, I am married since almost 3 years, living in the US for almost 2 years. I am talking the 90 days to file I-751. How do I send them a letter? Do I use my receipt number with my alien number?

[foreverbluebird 0]

But we filed joint petition, how will they send me a RFE for the divorce decree? Should I send them a letter first?

How should I notify or inform them? Just send a letter?

No, I am married since almost 3 years, living in the US for almost 2 years. I am talking the 90 days to file I-751. How do I send them a letter? Do I use my receipt number with my alien number?

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

[firebird00 66]

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

I was thinking the same, that there are no legal grounds for a waiver at this point because we are still married. I will wait till the divorce is finalized, then I will take it from there. When this happen, I will consult an immigration lawyer. I wanted to know if anyone here went thru this same situation. Thanks.

[IcezMan_IcezLady 582]

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

Is he living together with his wife? Don't create loophole where there's none. If marriage certificate is the only thing needed to show marriage, USCIS field investigators will be out of work. I supposed you are an attorney?

OP should notify USCIS about the current changes. Notifying USCIS about the changes is in USCIS rules, that's not rocket science.

Example:

A guy got CR-1 visa but the marriage was basically over (not legally divorced) before he left his home country.His wife notified the embassy and the guy was turned away at POE. So if they were not legally divorced and were legally married at the time of visa approval, then why did USCIS invalidate his visa and CBP turned him away?

Let that sink in.

OP will have a smoother process knowing that he did that right thing. Oh and if there is an interview for him and his wife or should an investigator show up at his residence, I bet you have an answer for that too.

[Anitafeliz 1,133]

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

Wrong!!! Divorce is filed he is no longer marital bliss

Is he living together with his wife? Don't create loophole where there's none. If marriage certificate is the only thing needed to show marriage, USCIS field investigators will be out of work. I supposed you are an attorney?

OP should notify USCIS about the current changes. Notifying USCIS about the changes is in USCIS rules, that's not rocket science.

Example:

A guy got CR-1 visa but the marriage was basically over (not legally divorced) before he left his home country.His wife notified the embassy and the guy was turned away at POE. So if they were not legally divorced and were legally married at the time of visa approval, then why did USCIS invalidate his visa and CBP turned him away?

Let that sink in.

OP will have a smoother process knowing that he did that right thing. Oh and if there is an interview for him and his wife or should an investigator show up at his residence, I bet you have an answer for that too.

Right!

[firebird00 66]

Wrong!!! Divorce is filed he is no longer marital bliss

Right!

Divorce is filed, but not finalized, and we are living together in same house till now. So legally we are married still.

[Anitafeliz 1,133]

I was thinking the same, that there are no legal grounds for a waiver at this point because we are still married. I will wait till the divorce is finalized, then I will take it from there. When this happen, I will consult an immigration lawyer. I wanted to know if anyone here went thru this same situation. Thanks.

You have been warning VJ for months about how wife abuses you is leaving you ect..then you knowingly file for removal of conditions on your green card and suprise suprise your getting divorced less then 90 days into filing?

Why are you surprised or seeking help here if everyones wrong as you and your other fire friend state??

You saw all warning signs and ignored them all and now are seeking help from all us clueless people???

[IcezMan_IcezLady 582]

But we filed joint petition, how will they send me a RFE for the divorce decree? Should I send them a letter first?

How should I notify or inform them? Just send a letter?

No, I am married since almost 3 years, living in the US for almost 2 years. I am talking the 90 days to file I-751. How do I send them a letter? Do I use my receipt number with my alien number?

Call them first then follow up with a letter. Ask them for guidance in the next steps to take.

If you do all these and they allow it go through, at least you have a paper trail to back you up.

[firebird00 66]

Is he living together with his wife? Don't create loophole where there's none. If marriage certificate is the only thing needed to show marriage, USCIS field investigators will be out of work. I supposed you are an attorney?

OP should notify USCIS about the current changes. Notifying USCIS about the changes is in USCIS rules, that's not rocket science.

Example:

A guy got CR-1 visa but the marriage was basically over (not legally divorced) before he left his home country.His wife notified the embassy and the guy was turned away at POE. So if they were not legally divorced and were legally married at the time of visa approval, then why did USCIS invalidate his visa and CBP turned him away?

Let that sink in.

OP will have a smoother process knowing that he did that right thing. Oh and if there is an interview for him and his wife or should an investigator show up at his residence, I bet you have an answer for that too.

At this point I will do nothing, when I move out I will change my address with uscis. Because I am still legally married and my address is still the same.

[Anitafeliz 1,133]

Divorce is filed, but not finalized, and we are living together in same house till now. So legally we are married still.

You are knowingly commiting immigration fraud simple as that. For something that is not necessary. You can roc on your own.

But lying about being married is lying.

Living in the same house does not constitute as married.

[firebird00 66]

You have been warning VJ for months about how wife abuses you is leaving you ect..then you knowingly file for removal of conditions on your green card and suprise suprise your getting divorced less then 90 days into filing?

Why are you surprised or seeking help here if everyones wrong as you and your other fire friend state??

You saw all warning signs and ignored them all and now are seeking help from all us clueless people???

I am not saying everyone is wrong here, I dont even know if they are right.

My wife have mental issues and I feel bad for her, I tried to help her and we went to counselling. The divorce was not a surprise, I knew it will happen. I just didnt want to give up on her and marriage. I didnt want to live my life thinking that there was something I can do but I didnt.

[IcezMan_IcezLady 582]

Divorce is filed, but not finalized, and we are living together in same house till now(as roommates,there's no immigration benefits for roommates ). So legally we are married still.

That's the first paper trail to put you in trouble for lying.

You can try finding different answers but the truth is the same.

[firebird00 66]

You are knowingly commiting immigration fraud simple as that. For something that is not necessary. You can roc on your own.

But lying about being married is lying.

Living in the same house does not constitute as married.

How is this immigration fraud? We filed jointly because we are legally married. I cant file with divorce waiver and we are still married, what if we ended by withdrawing the divorce?

[andy78 178]

This is what uscis website says:

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.

Now the question is, how would they know that we were in divorce proceedings? and, they will issue a RFE asking for final divorce decree and a statement that I would like to have my petition treated as a waiver? That is very unclear.

The two options mentioned are not applicable in your case. These two options are for people who were already in divorce proceedings when they filed the I-751, either jointly or with a waiver request. For the second option, you ask how would they know you were in divorce proceedings? Because you explain that in the letter accompanying your application, which you didn't do, because you were not in divorce proceedings when you filed the I-751. But USCIS needs to have this updated information in order to know that they should expect a divorce decree from you.

If I were in that position, I would do the following:

- If an attorney helped me with the I-751, I would consult with that attorney.

- If I did not use an attorney, I would write a letter explaining the new situation and send it to USCIS, AND, request an Infopass appointment to explain the situation and confirm that nothing else is needed at this point, and take a copy of the letter to the appointment.