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sandy44

Quick Q about RFE and sending divorce decree

By sandy44 in Removing Conditions on Residency General Discussion

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sandy44 Apprentice

sandy44   0

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Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
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I had submitted by removal of conditions application in Feb (a day before my conditional GC expired) and my divorce wasn't final at that time. A few weeks ago I got my RFE and now I have my divorce decree in hand which is dated Jun 06, 2011. This was the day the judge signed it though the decision was made in Feb, which happened due to the error in the application earlier.

Now my attorney is advising me to file the I-751 all over again as earlier we have checked off that the marriage ended due to dissolution or nullity. Should I refile everything or is my immigration attorney just trying to make money off me?

Any advice from your end would be much appreciated. Thanks!!

3600rs Collaborator

3600rs   24

Posted
Filed: Timeline
Posted

I had submitted by removal of conditions application in Feb (a day before my conditional GC expired) and my divorce wasn't final at that time. A few weeks ago I got my RFE and now I have my divorce decree in hand which is dated Jun 06, 2011. This was the day the judge signed it though the decision was made in Feb, which happened due to the error in the application earlier.

Now my attorney is advising me to file the I-751 all over again as earlier we have checked off that the marriage ended due to dissolution or nullity. Should I refile everything or is my immigration attorney just trying to make money off me?

Any advice from your end would be much appreciated. Thanks!!

Append the current application with your decree and whatever else is asked in the RFE. Also write a request to adjudicate your application as a good faith waiver. What your lawyer says is not wrong, its just different way of thinking. I have seen both ways successful.

sandy44 Apprentice

sandy44   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
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Posted

Append the current application with your decree and whatever else is asked in the RFE. Also write a request to adjudicate your application as a good faith waiver. What your lawyer says is not wrong, its just different way of thinking. I have seen both ways successful.

Umm I did file a good faith waiver from the beginning. My lawyer is asking me to do this all over again just due to the fact that my divorce decree is dated June, whereas we filed the waiver expecting that it would be granted with a Feb date.

Nimaan Enthusiast

Nimaan   27

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted

If you filed the I-751 with a divorce waiver but didnt include the divorce decree because it was not available, then the RFE is for you to submit the divorce decree.

Make a copy of the RFE and mail it with a ceritified copy of the divorce decree.

ROC:
07/2010....Attorney mailed I-751 divorce waiver
07/21/10...USCIS recvd I-751
07/21/10...NOA1
08/20/10...Bio completed
09/16/10...Recvd RFE, due 10/31
10/26/10...Mailed RFE
10/27/10...RFE delivered to VSC
04/26/11...Interview
05/11/11...APPROVED!!
05/18/11...Card production ordered
05/23/11...Received green card



N400:
04/29/13.. Eligible to file N400
04/26/13...Mailed N400..Dallas, TX
04/28/13...USPS delivered package (Priority mail)
04/29/13...NOA Priority date
05/02/13...Check cashed
05/10/13...Rcvd bio notice
05/30/13...Bio Appt
05/17/13...Walk in bio successful
06/28/13...Placed in line for interview scheduling
08/06/13...Recvd email interview has been scheduled
08/10/13...Recvd Interview letter
09/12/13...N400 Interview
09/12/13...Decision cannot be made
10/21/14...Biometrics (second time)
01/05/15...In line for oath scheduling

01/21/15...Oath Ceremony

01/21/15...Applied Passport

02/05/15..Received Passport

Journey Over!!

 
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