I-751 divorce waiver

[phinus 2]

First question:

I filed for I-751 divorce waiver last December 2010. I had my early biometrics on January of this year. Last week I received an RFE for divorce decree, divorce petition, copy of our drivers' license and pictures of our wedding and other people's wedding etc. I already sent almost all of the requirements needed in my original packet except for the copy of our drivers' license and pictures of our wedding. We only had a very simple civil ceremony.

My divorce decree though, was corrected due to my ex-husband's name- the name wasn't his. It was my lawyer's fault... Anyway, I sent in the copy with an incorrect information (husband's name) but I enclosed the notice of correction from my lawyer. After a week later, my lawyer mailed me the corrected divorce decree. I decided not to send it to the USCIS because of the notice of correction I enclosed in my packet.

Perhaps the reason I got this RFE was because of the divorce decree? Why did they ask for pictures and stuff? Please advise.

Second question:

I was the one who filed for the divorce. It was uncontested due to irreconcilable differences. However, the reason why our marriage fell apart was because of his drinking and use of drugs. The first one year went fine with our marriage. He was already drinking and using drugs then but it didn't go bad to worst til he lost his job. I was there for him and I tried to help him with what he was going through. However, he never let me in. Almost every weekend he was out with his friends and didn't come home til late afternoon the following day. I asked him a lot of times to seek out help for his vices. He always said, 'there is nothing wrong with me'.

While I was working and trying to budget the money we had, he was out and wasting it for drugs and alcohol. We fought almost every day coz I wanted answers while he wanted me to ignore his behavior and let him do whatever he pleases. Not to mention, how mean he was every time he was under the influence. The emotional abuse was too much for me to handle. I fell into great state of sadness. Til I finally had enough...I moved out last June of 2010.

I thought he would come around and ask for him. I was wrong... I was so mad and sad at the same time. I filed for divorce in October and got my divorce decree two months later.

My question is this, will the USCIS question my reason of divorcing him- why didn't I go with habitual drunkenness or such instead of irreconcilable differences? Please advise.

Thank you.

[JimVaPhuong 4,863]

The name difference is probably what caused the hangup with the divorce decree, and also probably why they wanted to see the divorce petition. Send a copy of the corrected divorce decree. Make sure it's a certified copy; e.g., stamped by the court clerk. Send a copy of the petition, as well. They want confirmation that the person named on the divorce decree is the same person who petitioned for you, and through whom you got the conditional green card.

They ask for "pictures and stuff" because you're supposed to prove that you entered the marriage in good faith. This begins with the actual wedding, but follows through with evidence that you lived and conducted your lives as a married couple would.

The reason you divorced is irrelevant. You just have to prove that you are divorced, and that you entered the marriage in good faith.

[Otto 83]

** Topic header edited for clarity and topic moved from AOS/Family-based to Effects of Major Family Changes on Immigration Benefits.

[phinus 2]

The name difference is probably what caused the hangup with the divorce decree, and also probably why they wanted to see the divorce petition. Send a copy of the corrected divorce decree. Make sure it's a certified copy; e.g., stamped by the court clerk. Send a copy of the petition, as well. They want confirmation that the person named on the divorce decree is the same person who petitioned for you, and through whom you got the conditional green card.

They ask for "pictures and stuff" because you're supposed to prove that you entered the marriage in good faith. This begins with the actual wedding, but follows through with evidence that you lived and conducted your lives as a married couple would.

The reason you divorced is irrelevant. You just have to prove that you are divorced, and that you entered the marriage in good faith.

Thank you for the reply. I sent in my RFE today with the following: 1. divorce decree with stamped by the court clerk- copy that my lawyer mailed to me, 2. copy of divorce petition

3. personal statement and 4. utility bills.

By the way, I submitted the following documents in my original packet:

• Divorce decree

o Notice of Motion

o Corrected judgment

• Copy of USCIS Form I-551 (Permanent Resident Card)

• Copy of Warranty Deed showing my name as his wife

• Copy of Quit Claim Deed showing joint ownership

• Copy of our joint US tax return for the year 2008-2009

• Copy of our bank account

• Copy of our car insurance policy with both our names on it

• Actual marriage certificate

• Actual health insurance card showing a joint policy

• Actual dental insurance card showing a joint policy

• Copy of our Comcast bill

• Copy of our Nicor bill

• Letters from friends

• Actual Christmas/Birthday/Congratulation cards from my husband and our family and friends

• Pictures of us together, with friends, and with family

• Email correspondence from ex-husband

That was why I got confused when I received the letter stating that I needed to send pictures and any documents that could prove my marriage was bonafide. Do you think my list looks good? Please advise. Thank you!

[phinus 2]

Just want to update my status regarding my I-751 divorce waiver that I filed last December 2010. Production of my 10 year green card was ordered yesterday less than 2 months after my early (walk-in) biometrics.I worried for 2 weeks for nothing :-)