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galephys

Divorce decree after the window for filing closes

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Here is what I have:

I am filing I-751 waiver, window opened September 6, will close December 6.

State laws require 1 year of separation before the hearing for the divorce, that's October 20.

I need equitable distribution hearing, and it requires a pre-hearing.

Possible dates are October 16. November 6 and November 13 latest, whatever the other attorney will choose.

I have to fly out of the country over Christmas for family-related reasons, and it absolutely has to be done, can't be rescheduled.

So... If I send the package in without the divorce decree, will I still get a letter, extending my GC? Will I still get a bio appointment before the divorce is finalized and missing documents are sent?

If I mail all together, with the decree, when can I expect my letter of extension? (Vermont)

If I am in the middle of the divorce, which name do I use on the package? I want my maiden name back and I will change it ASAP after the divorce, can I file my I-751 under the maiden name? How do I go about it? All documents but a national passport are under the married name, but that will be changed ASAP.

Thanks!

Edited by galephys

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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I personally would not risk your December travel by hoping that you'll hear back from USCIS before then. Trying to predict how long anything will take with USCIS is troublesome at best. I would file soon-ish with the waiver and no decree. The extension letter is sent based on having the correct fee and form filed - the other details of your case will be looked at afterwards, so you should get the extension letter relatively quickly (again, hard to pinpoint with USCIS).

You will eventually be sent an RFE for the divorce decreen and be given 87 days in which to get it back to them. Sounds like that won't be an issue for you if you'll be in court in November. It may take them that long to get around to looking at your entire package anyway.


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I would file soon-ish with the waiver and no decree.

Waiver based on a divorce?

FAQ section says if I'm in the middle of the divorce, but it's not finalized I can't file the waiver:

Q: The deadline for filing to remove conditions is approaching, but I am in divorce proceedings. The divorce will likely not be final before the deadline. What should I do?

A: The NSC Flash #19-2005 stipulates that the petitioner and beneficiary are still eligible to file a joint petition if the petitioner is willing to sign the petition. If the petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing.

He won't sign a thing.

You're saying make it look like I filed as I am already divorced, just forgot to put the decree in the package? I am writing a cover letter with a description of a package, should I mention a decree there?


My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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No, you don't file making it 'look' like you're divorced when you aren't. Never present yourself to USCIS in any manner other than what is actually true. What I meant was when applications such as yours are eventually approved, they're technically done so under a 'waiver' since you did not adjust status with the original K1 petitioner. Sorry for any confusion.

This has been done many times and with success, and is based on the guidance outlined below.

http://www.visajourney.com/forums/topic/220094-divorce-before-removal-of-conditions-on-permanent-resident-status/page__p__3360213#entry3360213

Send the I 751 form in along with proof that your marriage was entered in good faith as indicated on the I 751 instructions. If you have any filing documents proving that your divorce is in process, send those as well. Once they get around to adjudicating your application, they will notice the missing final divorce decree and send you the RFE for it which I mentioned in the previous post. You'll have 87 days to get that form back to them and they will start processing your application again. This is done to accommodate cases such as yours where you must file the I 751 to maintain your legal status (and receive the extension letter), but you have not yet received the final divorce decree.

If you have any other questions, I suggest making an Infopass appointment at your local office.


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ahhh, I see now! Thank you!!!

Can I mail them the decree without RFE? I'll be done with it before they get around to look at my case... no need to make it longer than it is already.


My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

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There is no guarantee that the document you send will ever 'meet up' with your case. If you enclose it with an RFE, they have an actual way to track it all.

If you really want to do that, you'd be better off taking it with you to an Infopass appointment and letting them record it that way (still retaining a copy for yourself). Otherwise hold on to it and wait for the RFE.


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Waiver based on a divorce?

FAQ section says if I'm in the middle of the divorce, but it's not finalized I can't file the waiver:

Q: The deadline for filing to remove conditions is approaching, but I am in divorce proceedings. The divorce will likely not be final before the deadline. What should I do?

A: The NSC Flash #19-2005 stipulates that the petitioner and beneficiary are still eligible to file a joint petition if the petitioner is willing to sign the petition. If the petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file a petition requesting a waiver of the joint filing requirement due to divorce until the divorce is final UNLESS abuse is the basis for such a filing.

He won't sign a thing.

You're saying make it look like I filed as I am already divorced, just forgot to put the decree in the package? I am writing a cover letter with a description of a package, should I mention a decree there?

No no.

It is possible to file BEFORE the 90 days if you are already divorced, in fact you must file as soon as the divorce is final.

But for people who are already in the 90 days who aren't divorced yet (but are planning to be or should be soon enough) they still MUST file in the 90 days, regardless of whether the divorce is final yet. They file with the divorce waiver but obviously don't have the decree yet. They reply to the RFE when they get the decree.

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