Getting Divorced

[Machita 1]

My wife and I are getting divorced (I am the one who is filing). We have been married for a year and 3 months. I came here as a student and married while I am on OPT. I know I need to file I-751 wavier based on good faith marriage.

1- I would like to write a letter to the USCIS explaining what happened. What do I write in it? How long should it be? Where can I find samples?

2. In the sworn letters, what do people write? where can I find examples?

3. Since I came here on F1 visa, is this process different than K visas? Would it be viewed differently from immigration point of view?

Thank you.

[Chica Yeyé 41]

first of all --- did you adjust status to become a permanent resident?

[Machita 1]

first of all --- did you adjust status to become a permanent resident?

Yes, I did. I received my conditional green card in may 2009.

One more question please:

4. Can I send my package now without the divorce decree and send it later when I receive it?

[Chica Yeyé 41]

Read the guides for Removing Conditions. They are very helpful.

[rika60607 215]

1- you just write what happened give a story of your relationship with timeline

2 - see affidavit of support samples. Basically, name, place of birth, address, phone, of the person writing the affidavit; how they know you and what they know about your marriage/relationship, signature, date.

3 - not different

4 - you should file either (1) when you are divorced or (2) 21 months after you got your GC (within 90 day window) - whichever happens first.

My wife and I are getting divorced (I am the one who is filing). We have been married for a year and 3 months. I came here as a student and married while I am on OPT. I know I need to file I-751 wavier based on good faith marriage.

1- I would like to write a letter to the USCIS explaining what happened. What do I write in it? How long should it be? Where can I find samples?

2. In the sworn letters, what do people write? where can I find examples?

3. Since I came here on F1 visa, is this process different than K visas? Would it be viewed differently from immigration point of view?

Thank you.

[Rings 10]

You can file to remove conditions of your 2 year greencard. However, it is important that you have proper documentation that you were "merging" your lives. You need proof on paper like joint tax returns, lease agreements, shared bills, etc.. anything that links you together paperwork wise...and that shows the USCIS that you entered this marriage with all the intention of being married and sharing your lives. You can write a letter if you wish, but the USCIS understands that not all marriages work out. Tell your story....keep it short. The removal of conditions applies the same to all applicants. If you have the right paperwork then you should be fine. If you divorce this early, they may call you for an interview so be prepared to be questioned and to be examined. If it was legitimate....then the evidence and everything should be fine.

[TracyTN 237]

You can submit the I 751 before you have the final divorce decree in hand, but expect an RFE for it once they process your case. You'll have 87 days to get that decree back to them (which should be enough time).

[candelari 0]

You can submit the I 751 before you have the final divorce decree in hand, but expect an RFE for it once they process your case. You'll have 87 days to get that decree back to them (which should be enough time).

If you are in 90 days window for I-751 yes you can file for ROc. If you are not you need to finalize your divorce and apply for I-751 immediately with waiver. You can not apply for waiver without divorce decree or you can not apply for I-751 before 90 day window if you haven't finalized your divorce yet.....

[SuperDuper! 230]

DIVORCE ALREADY. OUR SYMPATHIES.

[TracyTN 237]

You can submit the I 751 before you have the final divorce decree in hand, but expect an RFE for it once they process your case. You'll have 87 days to get that decree back to them (which should be enough time).

If you are in 90 days window for I-751 yes you can file for ROc. If you are not you need to finalize your divorce and apply for I-751 immediately with waiver. You can not apply for waiver without divorce decree or you can not apply for I-751 before 90 day window if you haven't finalized your divorce yet.....

This may be what you just said but my pregnancy brain is making it hard for things to filter through.

Yes, you must be within your 90 day window before you can file - divorced or not. But if you're in your 90 day window and don't yet have the final divorce decree, you can file anyway and you will be sent an RFE for the decree. An RFE from which you have 87 days to respond. At least according to this: http://www.ilw.com/articles/2009,0924-lee.shtm

[Machita 1]

Thank you all for your advice.

I am a little confused now though.

So if I divorce now, can I send my I-751 and wait until I get a request for evidence and send the decree? I read a post that the law for I-751 waiver will change in March next year. Any news on that? How does changing the law affect me?

[ShariNYC 0]

Thank you all for your advice.

I am a little confused now though.

So if I divorce now, can I send my I-751 and wait until I get a request for evidence and send the decree? I read a post that the law for I-751 waiver will change in March next year. Any news on that? How does changing the law affect me?

Hi,

I'm in the same situation as you. I'm about to file for I-175 and I divorced after a year of marriage (worse than you). Now you mentioned a letter from yourself to USCIS explaining the situation, do you mean something like a cover letter? Does it necessary? I'm trying to avoid any ways of going into details about the divorce and I do have solid evidence of bona-fide marriage paperwork during a year of marriage (I hope USCIS thinks the same : / ). This gets me worried now....

I posted some questions under the topic "Divorced and affidavits to support I-751" if you're interested to know more....

[Machita 1]

Any last word advice?

[Gracie79 1]

you want to change your conditional green card to unconditional by yourself?

If there is no family violence involved, it is not easy.

[milimelo 4,502]

you want to change your conditional green card to unconditional by yourself?

If there is no family violence involved, it is not easy.

Actually, all the person would need is the proof of bonafide marriage - tax returns, utilities paid, being on the same insurance plan (car, medical, house/renters), the usual things you gather over time.

It is not that difficult if they have a divorce decree and the evidence sent in.