I 751 and possibel Divorce

[nmc193 0]

Hi

I filed for I 751 jointly in August 2011. My application was received on August 31, 2011. Recently my wife started to ask for divorce. She will start divorce proceeding in next few days. I think she might have called USCIS about my I 751. Can anyone advise me what can happen in my scenario?

Thanks

[Gummibear 5]

Did you receive Request for more evidence or any notice from USCIS? I think if you filed I-751 last August then you're about to get I-751 approved soon. Usually a divorce takes at least 1 month to finalise so as long as you're still married and your divorce is not finalised, I think you're still fine. You can call Heather Poole or some attorneys to ask for advise, some do not charge fee for intial consultation.

[Gummibear 5]

http://www.ilw.com/articles/2009,0924-lee.shtm

I think this link helps you. "The new memo appears to speak to this situation in allowing an applicant who has filed a joint I-751 petition to change the character of the petition if the immigration service officer issues a request for evidence where the petitioners are separated or have initiated divorce or annulment proceedings. Where the immigration service officer specifically asks the individual to provide a copy of the final divorce decree or annulment along with a request stating that he/she would like to have the joint filing petition treated as a waiver petition, the conditional permanent resident is afforded an opportunity within the 87 day response period to provide evidence that proceedings have been finalized and it gives him/her an opportunity to request a waiver to the joint filing without refiling. In such case, the immigration service officer is to amend the I-751 petition to indicate that the individual is eligible for a waiver of the joint filing requirements based on termination of marriage and adjudicate the petition on the merits in accordance with established policy."

However, you should still ask for some attorneys' advices.

[Cino 5]

Hi

I filed for I 751 jointly in August 2011. My application was received on August 31, 2011. Recently my wife started to ask for divorce. She will start divorce proceeding in next few days. I think she might have called USCIS about my I 751. Can anyone advise me what can happen in my scenario?

Thanks

First, why don't you join August 2011 filers ? Without a divorce decree, nothing is official.

You will probably get your 10 year-GC & then get divorced, so you will be fine.

Bu if your wife have called USCIS & say something like "He got married to me just to obtain a GC" then you will be called for an interview.

If you have already sent plenty primary documents to remove your ROC then you will be approved. Now August 2011 filers are %55 approval rate, your file will be adjudicated very soon.

I am just making assumptions here without knowing your details. If you give us more specifics, me or any VJ member will help you better.

[Sandra G. 5,022]

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Edited June 5, 2012 by sandranj