divorce 3 weeks before 10 GC approved.

[breadedVirus 0]

Conditional GC valid from 05-07

Married wife in April 04, she divorced me and i received 10 GC first week in April 08.

I sent of waiver with divorce decree and evidence of marriage 3rd week in March.

USCIS returned my waiver including the money order.

I guess they received my waiver after the 10 GC was approved.

Any ideas?

[Harpa Timsah 13,258]

You have been starting many topics with all sort of questions; I have been wondering what are are really trying to ask. Why don't you just come out and ask what your issue is. now it seems you think you may have gotten your 10year GC by mistake? Why didn't you ask that in your "can they deny a 10year renewal?" thread?

[VanessaTony 3,567]

You MUST advise them of the divorce if you divorce was FINAL before you received the card. There is a thread about a guy who didn't advise USCIS of his divorce before he got the card and they've since denied his citizenship and will probably take his GC as "fraudulently obtained".

[breadedVirus 0]

You MUST advise them of the divorce if you divorce was FINAL before you received the card. There is a thread about a guy who didn't advise USCIS of his divorce before he got the card and they've since denied his citizenship and will probably take his GC as "fraudulently obtained".

As i stated, i sent off a copy of my divorce decree and filed a waiver, which was returned to me including money order. That surely shows that i notified them about said divorce?

[breadedVirus 0]

You have been starting many topics with all sort of questions; I have been wondering what are are really trying to ask. Why don't you just come out and ask what your issue is. now it seems you think you may have gotten your 10year GC by mistake? Why didn't you ask that in your "can they deny a 10year renewal?" thread?

I sent off a waiver to the USCIS with a copy of my divorce decree etc. I'm just getting itchy feet, as no matter what the situation it's worrying stuff.

Sorry if I'm asking too many questions.

You MUST advise them of the divorce if you divorce was FINAL before you received the card. There is a thread about a guy who didn't advise USCIS of his divorce before he got the card and they've since denied his citizenship and will probably take his GC as "fraudulently obtained".

Wasn't that the guy who said he had 2 cases pending and blamed USCIS and not himself for not notifying them about the divorce?

[VanessaTony 3,567]

As i stated, i sent off a copy of my divorce decree and filed a waiver, which was returned to me including money order. That surely shows that i notified them about said divorce?

No it doesn't. You had already been approved so when they looked you up in the system they rejected it. They didn't note it down, and they didn't keep a copy.

You need to make an infopass. You need to take a notarised letter and a copy (as well as a certified copy) of your decree showing your divorce was final BEFORE you had the card approved.

Only when they've told you it's not a problem would I breath easy. Until then it could come back to bite you that your divorce was final before approval of the card.

[Gary and Alla 3,694]

As i stated, i sent off a copy of my divorce decree and filed a waiver, which was returned to me including money order. That surely shows that i notified them about said divorce?

It doesn't "surely" show anything unless you have expressed acknowledgemnt of WHAT it shows. If you have, in addition, a NOTICE that says it is rejected because....

It is highly unusual for USCiS to do anything without a notice, typically when something is sent and returned there is an I-797C REJECTION included with a reason for rejection. You do not indicate that.

[Darnell 8,478]

call USCIS, ask if your green card is valid.

Let us know the answer.

Thanks !

[Villanelle 4,122]

Submitting another application with a waiver does not show them that you attempted to notify them about the divorce. From reading your other thread, this is what seems to have happened. Since I closed the page already I dont have the exact dates so Im just going to fudge them.

You had a conditional GC, you filed jointly to have the conditions removed. Lets say you filed to do so on Jan 1 2008. On March 10 2008 your wife initiated divorce proceedings against you in a court of law. (This is going to be documented in your divorce records). On On March 20 2008 you mailed a new 751 checking off divorce along with a check. Your GC was issued on March 30 2008.

So either- when they received your 751 with divorce checked off they returned it to you because your card had already been issued, so it was returned as you did not need to file that form as you were no longer a conditional GC holder. OR they did not realize that you sending that form was meant to be your way of notifying them of your divorce. That is not the proper way to notify them of a divorce. IF you have a pending joint application to remove conditions and you need to change it to a waiver, you need to send a letter withdrawing your joint application. Sending a new form does not automatically cancel the old form out. You have to withdraw the old application and submit a new one.

Since it seems like you recently applied for citizenship, it may be discovered that you were issued your 10yr GC incorrectly. If someone checks the dates and sees that divorce proceedings were initiated before your 10yr GC was issued and your ROC was approved under a joint petition- it was approved incorrectly. Its your fault. You did not withdraw your joint application and switch to a waiver. Claiming, well I attempted to, I mailed in the form and it was returned to me, is not the same as withdrawing a joint petition.

Edited January 29, 2013 by capri

[NigeriaorBust 4,087]

What date was your 10 year green card approved ?

What date was your divorce final ?

What date did you or your ex file for divorce ?

[breadedVirus 0]

Submitting another application with a waiver does not show them that you attempted to notify them about the divorce. From reading your other thread, this is what seems to have happened. Since I closed the page already I dont have the exact dates so Im just going to fudge them.

You had a conditional GC, you filed jointly to have the conditions removed. Lets say you filed to do so on Jan 1 2008. On March 10 2008 your wife initiated divorce proceedings against you in a court of law. (This is going to be documented in your divorce records). On On March 20 2008 you mailed a new 751 checking off divorce along with a check. Your GC was issued on March 30 2008.

So either- when they received your 751 with divorce checked off they returned it to you because your card had already been issued, so it was returned as you did not need to file that form as you were no longer a conditional GC holder. OR they did not realize that you sending that form was meant to be your way of notifying them of your divorce. That is not the proper way to notify them of a divorce. IF you have a pending joint application to remove conditions and you need to change it to a waiver, you need to send a letter withdrawing your joint application. Sending a new form does not automatically cancel the old form out. You have to withdraw the old application and submit a new one.

Since it seems like you recently applied for citizenship, it may be discovered that you were issued your 10yr GC incorrectly. If someone checks the dates and sees that divorce proceedings were initiated before your 10yr GC was issued and your ROC was approved under a joint petition- it was approved incorrectly. Its your fault. You did not withdraw your joint application and switch to a waiver. Claiming, well I attempted to, I mailed in the form and it was returned to me, is not the same as withdrawing a joint petition.

I sent them a letter stating that i was withdrawing the joint and instead filing a waiver including the divorce decree and a money order written out to the correct amount for the fee.

[Villanelle 4,122]

I sent them a letter stating that i was withdrawing the joint and instead filing a waiver including the divorce decree and a money order written out to the correct amount for the fee.

When did you send this? Was it a few days/a week or so before you received the 10yr GC in the mail?

Why didnt you go back or attempt to contact them after you had received the 10yr GC in the mail to find out why you received it? Clearly it was issued based on your joint petition as your waiver was returned to you. Clearly you knew you had to file with a waiver as you attempted to file a waiver. You needed to have them correct their error back then. Why did you think it was OK to simply do nothing?

[breadedVirus 0]

When did you send this? Was it a few days/a week or so before you received the 10yr GC in the mail?

Why didnt you go back or attempt to contact them after you had received the 10yr GC in the mail to find out why you received it? Clearly it was issued based on your joint petition as your waiver was returned to you. Clearly you knew you had to file with a waiver as you attempted to file a waiver. You needed to have them correct their error back then. Why did you think it was OK to simply do nothing?

I sent off the waiver and 2 weeks later i received a email saying card was approved. I then got the waiver back a few weeks later. I did phone USCIS and inform them of the situation. I even had a member of ICE say it was nothing to worry about. A friend of mines father knows people who work for ICE.

I'm just a worry. It's something I'm good at. I still plan on seeking advice.

Edited January 29, 2013 by breadedVirus

[Villanelle 4,122]

Well, I wish you nothing but good fortunes in the future.

The way USCIS works is the burden of proof is always on you. I hope you have proof of mailing the waiver and letter withdrawing the joint petition in before the 10yr card was issued. And some kind of proof you attempted to contact them after the card was issued to challenge why it was issued.

No matter which way you slice it the facts are the same- you did attempt to withdraw your joint petition, it seems it was unsuccessful because your GC was already at the point of being issued so your withdrawal request and new 751 application was rejected by the intake dept (its computer based- your A# was not showing ROC eligible at that point so it was never forwarded to the ROC department for review, hence your check and application and petition returned untouched and unviewed by anyone at USCIS- its kind of like having to show ID to get into a club. No ID no entry. So the guy scans it in and is like dude this A# isnt ROC eligible, return form to sender, never goes to an adjudicator, same thing with your letter, they scan your A#, your dont have a ROC petition to withdraw so- return to sender, you get thrown in a bin and yeah it can take weeks to get back to you)

So you attempted to withdraw your joint petition, the GC was issued, and you accepted it knowing it was issued under a joint petition when it shouldve been a waiver. And then you claim you attempted to rectify it by contacting USCIS by phone to fix it.

If this turns into an issue, like I said the burden of proof is on you.

You have to prove:

You attempted to withdraw your joint petition - by showing you mailed a request withdraw it and was returned to you.

How you attempted to rectify it after the card was issued- not sure what kind of proof you have of that. Do you have the name/ID of the person you spoke with? If you had made an infopass apt and dealt with someone in person, it would have been better.

Otherwise IMO their position will be- You accepted the card knowing it was under a joint petition when it should have been a waiver. Youre in the wrong. There was an error made by us- so what. you had the responsibility to fix it.

[VanessaTony 3,567]

IF you have a pending joint application to remove conditions and you need to change it to a waiver, you need to send a letter withdrawing your joint application. Sending a new form does not automatically cancel the old form out. You have to withdraw the old application and submit a new one.

Since it seems like you recently applied for citizenship, it may be discovered that you were issued your 10yr GC incorrectly. If someone checks the dates and sees that divorce proceedings were initiated before your 10yr GC was issued and your ROC was approved under a joint petition- it was approved incorrectly. Its your fault. You did not withdraw your joint application and switch to a waiver. Claiming, well I attempted to, I mailed in the form and it was returned to me, is not the same as withdrawing a joint petition.

Sorry Capri you're incorrect about the withdrawal. You do not need to withdraw the previous application, you simply need to change it to a waiver filing. Personally I'd have made an infopass and done it there. There is NO new form, there is NO new fee. it's a simple change of the application type. Happens often.

You're also incorrect that the ROC being approved after FILING divorce means a joint petition can't be approved. It can. It's only once divorce is final that it needs to change. If they get approved before the divorce is final, that's fine. If they get approved AFTER the divorce is final, that's a problem.

However you're right about the rest. The OP was approved on a joint petition incorrectly. It should have been changed to a waiver petition once the divorce was final. The OP will ultimately pay the price for USCIS' mistake :S