Divorce and Re filling I 751 together

[sonny21 1]

Hi everyone, First of all I want to say that everyone here is very helpful and thanks for helping people like me.

My story is something like following.

I got my 2 years conditional green card on January 27th, 2009. During these two years My wife and I got along good but last 3 months were little on the bad side and she refused to sign I 751 together. We filed for Divorce but still tried to work it out. During that time I filled my I751 alone on the base of Divorce. I received my one year extension. Last week, I got letter for final Divorce decree. During this time I and my wife got back together and we solved our differences. Now she is ready to sign I 751 together.

My question is can I re-apply I 751 together or is too late for that ?

If I do than what happens to my old application asking me for final Divorce Decree ?

Any help would be helpful. Thanks you everyone.

[katiemanny 64]

Theres a similar thread to your questions click on this link below.

http://www.visajourney.com/forums/topic/301050-change-of-mind-after-filing-as-divorced/

Edited March 28, 2011 by katiemanny

[rika60607 215]

You are already divorced, thus you can not file I-751 together.

Hi everyone, First of all I want to say that everyone here is very helpful and thanks for helping people like me.

My story is something like following.

I got my 2 years conditional green card on January 27th, 2009. During these two years My wife and I got along good but last 3 months were little on the bad side and she refused to sign I 751 together. We filed for Divorce but still tried to work it out. During that time I filled my I751 alone on the base of Divorce. I received my one year extension. Last week, I got letter for final Divorce decree. During this time I and my wife got back together and we solved our differences. Now she is ready to sign I 751 together.

My question is can I re-apply I 751 together or is too late for that ?

If I do than what happens to my old application asking me for final Divorce Decree ?

Any help would be helpful. Thanks you everyone.

[elikhom 7]

You are divorced already, you cannot apply jointly and it's correct that you applied as divorced. Since you are in good terms with your wife now, she might give you an affidavit describing what made your relationship real, and how after divorcing things are improving and thinking on going back together, it might be useful in your future interview.

I'm in a similar position, I applied jointly with my wife in late Dec, something happened and we separated in mid Feb and she filed for divorce in early March. I had to call USCIS to update my 751 to change it from jointly to "divorced" although I'm not divorced yet, they told me this will delay my application for at least 2 months. My wife and I are seeing each other almost every day and getting along very well lately, BUT she still wants to go ahead with the divorce. She says she doesn't have any problems in writing anything or even going to the interview with me if needed, and although I don't think will be necessary, it gives me a lil peace of mind.

[katiemanny 64]

You are already divorced, thus you can not file I-751 together.

The OP stated they had filed for divorce, so the divorce might not be final yet. They can still stop the divorce process if its not final.

Edited March 28, 2011 by katiemanny

[sonny21 1]

no we are not divorced yet. we only did intial filing fir d sake of papers.. but we never got divorced. So I think we can re file together explaining that we have stopped the divorce procedure n now living together again with all the proof.

[sonny21 1]

we have also stopped all the procedure for divorce and withdrew the divorce application. again, all we did is file for divorce but never even went to court for hearing or nothing like that.

So am I right on re filing or no ?

[Brother Hesekiel 2,235]

Sonny,

you did file the I-751 already, now it's being adjudicated with a waiver. The 10-year Green Card you will be getting looks exactly the same you'd be getting if you had filed jointly. It's like saying: I bought a new car and I like it, but can I buy it again, this time with my wife present?

Huh?

[Brother Hesekiel 2,235]

Wait,

you are not divorced?

I didn't read this newly posted information when posting my response to your initial post.

If you are not divorced, your I-751 cannot be adjudicated. You are also two months past the deadline, so just submitting a new I-751 while your old one is in the works will not work and create havoc.

You'll receive an RFE for the missing divorce decree very soon. At that point you will have to make your move. What move? I would really scratch my head and think about it . . .

[Yurika & Jim 77]

You'll receive an RFE for the missing divorce decree very soon. At that point you will have to make your move. What move? I would really scratch my head and think about it . . .

Looks like OP received RFE already...

Last week, I got letter for final Divorce decree.

[sonny21 1]

yes, I did receive RFP asking divorce decree but as I said we have withdrew the divorce appliction already and not going further towards divorce any more.

So what are my option here as I will not have any divorce decree asked in RFP.

And why would it create hovac or trouble since we decided not to go with divorce any more and want to go with filing together.

I read many people here change from joint to divorce by re filing I 751 during there procedure going on, than why can not I change my procedure from divorce to joint by re filing i 751 together again and why should it create any problem is beyond me.

I have lawyers appointment this week and lets see what he says. Meanwhile if any one has any idea than let me no.

Thanks everyone

[Brother Hesekiel 2,235]

And why would it create hovac or trouble since we decided not to go with divorce any more and want to go with filing together.

For two reasons:

1) you already filed for ROC. They have it. It's in the works. You can't just send a second one!

2) your new ROC petition would be two months late. Too late.

[katiemanny 64]

Sonny you need to act really fast cause they will give you a certain amount of days to come up with the decree after that your GC and extension letter will be terminated and removal proceeding will be placed against you.

I would suggest to go ahead and consult with an Immigration Attorney, your case is getting a little complicated after the fact that you've already stop the divorce process.

[sonny21 1]

ok, I understand both of your points but than again I do not have any other option. As asked in RFP, I will not have final divorce decree cuz we already withdrew the application from court.

So, otherthan re filling I do not have any othet option. Or I will get appear in front of Judge letter and would have to explain my situation than.

[katiemanny 64]

ok, I understand both of your points but than again I do not have any other option. As asked in RFP, I will not have final divorce decree cuz we already withdrew the application from court.

So, otherthan re filling I do not have any othet option. Or I will get appear in front of Judge letter and would have to explain my situation than.

Give USCIS a call and explain to them see what they tell you. Be very careful cause these customer service people are known to give misinformation. Or make an infopass through USCIS.GOV which you'll get to speak with an IO.

Edited March 28, 2011 by katiemanny