its done

[ihavenoclue 0]

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.

[Minya's wife 24]

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

[ihavenoclue 0]

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

[Minya's wife 24]

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

Edited March 14, 2008 by Paula&Minya

[eau_xplain 2]

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

Good luck!

[ihavenoclue 0]

whats the harm in sending my the copies back??

[Minya's wife 24]

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

[ihavenoclue 0]

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.......

[pushbrk 12,136]

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?

[ihavenoclue 0]

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

[pushbrk 12,136]

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.

[ihavenoclue 0]

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.

Edited March 14, 2008 by ihavenoclue

[diadromous mermaid 36]

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?

Of course he needs 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.

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

[diadromous mermaid 36]

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.

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.

Edited March 14, 2008 by diadromous mermaid

[pushbrk 12,136]

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?

Of course he needs 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.

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

"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.