I-751 FILED JOINTLY, PENDING, NOW HAVE BEEN KICKED OUT!

[laylasa 1]

Hey guys,

I filed an I-751 jointly in November 2012. My situation right now has changed. We have been having problems in our marriage but i was willing to work it out with my husband and was being patient. But on Saturday morning he threw me out of the house and he does not want anything to do with me. He wants to file for divorce. I was able to go to a friend's house out of state and now i want to start a new life alone.

My questions are:-

1. Can I just go ahead and change my address? If yes, will i get an interview

2. He is yet to file for divorce, i dont know how long it will take and my papers might be approved while the divorce is in process. Should i go ahead and call USCIS to convert my I-751 into a waiver or just wait until the divorce is completed?

3. Can I go ahead and get a driver's licence in the new state? Will this affect my paperwork approval

Any advice will be greatly appreciated. I must say he caught me by suprise and I didnt expect him to kick me out without any money. We used to work together and we were getting paid through his bank account. I am just so confused right now on what do. Kindly advise. Thanks.

[Navyk 78]

Hey guys,

I filed an I-751 jointly in November 2012. My situation right now has changed. We have been having problems in our marriage but i was willing to work it out with my husband and was being patient. But on Saturday morning he threw me out of the house and he does not want anything to do with me. He wants to file for divorce. I was able to go to a friend's house out of state and now i want to start a new life alone.

My questions are:-

1. Can I just go ahead and change my address? If yes, will i get an interview

2. He is yet to file for divorce, i dont know how long it will take and my papers might be approved while the divorce is in process. Should i go ahead and call USCIS to convert my I-751 into a waiver or just wait until the divorce is completed?

3. Can I go ahead and get a driver's licence in the new state? Will this affect my paperwork approval

Any advice will be greatly appreciated. I must say he caught me by suprise and I didnt expect him to kick me out without any money. We used to work together and we were getting paid through his bank account. I am just so confused right now on what do. Kindly advise. Thanks.

You have 10 days time to file AR-11, so take that time and file a new address after you are sure where you would be living. Also it is absolutely necessary to file new address, as you need to get your 10 year GC or any USCIS correspondence in your own hands.

You will never know if you will get a RFE (Request for additional Evidence) till you get one. So you can review your options at that time. You don't do anything till your divorce is finalized or you get a RFE. Hopefully your case gets approved.

If you let us know what all the evidence you submitted, then we will be able to give you a better advise regarding your DL in new state.

Edited March 26, 2013 by Navyk

[laylasa 1]

You have 10 days time to file AR-11, so take that time and file a new address after you are sure where you would be living. Also it is absolutely necessary to file new address, as you need to get your 10 year GC or any USCIS correspondence in your own hands.

You will never know if you will get a RFE (Request for additional Evidence) till you get one. So you can review your options at that time. You don't do anything till your divorce is finalized or you get a RFE. Hopefully your case gets approved.

If you let us know what all the evidence you submitted, then we will be able to give you a better advise regarding your DL in new state.

Hey, thanks for replying.

Here is what i sent with my joint I-751 application:-

Tax returns & transcripts 2010,2011, 2012

Various joint account statements

Car title in both names

Joint auto insurance

Drivers licence showing same address

Various pictures with family members taken at different locations

Cellphone bill in both our names

Some checks in both our names from IRS

A few mails showing both our names

[ImmigrationDrama 0]

Hey, thanks for replying.

Here is what i sent with my joint I-751 application:-

Tax returns & transcripts 2010,2011, 2012

Various joint account statements

Car title in both names

Joint auto insurance

Drivers licence showing same address

Various pictures with family members taken at different locations

Cellphone bill in both our names

Some checks in both our names from IRS

A few mails showing both our names

Sorry to hear what happened with you....but hey! This is US...the land of free.Dont be disheartened ......think you should go and get an i-551 stamped as DMV accepts it over anything else from USCIS.Im not sure if the Nov'12 cases have been approved or not yet but since you are in the system even if anything happens you can still tell the IO the hardships you are/will face as a single person if not granted the permanent resident status. This is great community and im sure you will lot of friends giving you good advices.Good Luck.

[laylasa 1]

Sorry to hear what happened with you....but hey! This is US...the land of free.Dont be disheartened ......think you should go and get an i-551 stamped as DMV accepts it over anything else from USCIS.Im not sure if the Nov'12 cases have been approved or not yet but since you are in the system even if anything happens you can still tell the IO the hardships you are/will face as a single person if not granted the permanent resident status. This is great community and im sure you will lot of friends giving you good advices.Good Luck.

Thanks so much. I already have my I-551 stamp and it expired in January 2014. I will see if the DMV will accept it. Still waiting to be approved, think it will be from July 2013.

[Navyk 78]

Hey, thanks for replying.

Here is what i sent with my joint I-751 application:-

Tax returns & transcripts 2010,2011, 2012

Various joint account statements

Car title in both names

Joint auto insurance

Drivers licence showing same address

Various pictures with family members taken at different locations

Cellphone bill in both our names

Some checks in both our names from IRS

A few mails showing both our names

Nov' 12 applications will most likely be processed in another 3 - 4 months (may improve by then, as the current time line states 6 months). Your evidence looks good. Once your new address is finalized, file AR-11. The most important thing is to go online to USPS and ask your mail to be redirected to your new address (they will do it for 1 year) and just wait till you hear from USCIS.

Currently CSC is processing July 27 and VSC is processing July 12. Follow this thread to get latest processing details http://www.visajourney.com/forums/topic/418576-i-751-progress-for-each-month/page__st__30

Edited March 27, 2013 by Navyk

[Dave&Roza 748]

Nov' 12 applications will most likely be processed in another 3 - 4 months (may improve by then, as the current time line states 6 months). Your evidence looks good. Once your new address is finalized, file AR-11. The most important thing is to go online to USPS and ask your mail to be redirected to your new address (they will do it for 1 year) and just wait till you hear from USCIS.

Currently CSC is processing July 27 and VSC is processing July 12. Follow this thread to get latest processing details http://www.visajourn...th/page__st__30

Problem is that USCIS will not allow the USPS to forward their mail, so it wil lbe returned. If the OP has e-mail notification then when the USCIS receives the notice returned by the USPS, they will send you an e-mail stating that they tried to mail you something and it was returned. Please call this number. You then give them the correct address and they will resend it.

Good luck,

Dave

[bigdog 376]

See this in regards to your situation: http://www.avvo.com/legal-guides/ugc/filing-and-i-751-after-you-separate-with-your-usc-spouse-but-before-divorce

Sometimes, a couple is not divorced but are separated and the foreigner's 2-year green card is about to expire. Until recently, the Immigration Service held that separated, but not yet divorced, foreigners with 2-yr green cards were ineligible to file I-751 alone. These people were thus at risk of being placed in removal proceedings.

A recent memorandum issued by Donald Neufeld changed this policy. Now, these foreigners can file either a joint petition or a waiver post separation but prior to divorce.

If a waiver is filed post separation but prior to final divorce:

* Petitioners will receive a Request for Evidence ("RFE") requiring that the divorce be finalized in 87 days.

* If the divorce is finalized before the response to the RFE is due, petitioners may submit the divorce decree in response to the RFE and the case will be processed as a waiver case.

* If petitioners are not divorced in time to respond to the RFE, they will receive a notice revoking the green card status, and an Notice to Appear ("NTA" - which initiates the removal proceeding and schedules you with the Immigration Court) will be issued.

If a joint petition is filed post separation but prior to final divorce:

* Petitioners will receive an RFE asking for a divorce decree, and when it is submitted, petitioners must then request that their case be converted to a waiver case. This will avoid the need to refile the case as a waiver. When this occurs, the case may or may not, depending on the strength of its merits, be referred for interview.

* If petitioners are not yet divorced when the RFE response is due, then the case will be evaluated on the strength of the bona fides of the marriage. USCIS will then approve, deny, or interview.

It is suggested that at the initial filing, the cover letter should explain these changes and the filing should have attached good faith marriage exhibits. Attaching a copy of the memo is also recommended.

Hope this helps, you might want to consult an attorney.

[laylasa 1]

Thanks guys.

My situation is....my husband kicked me out on Saturday, we filed I-751 jointly. I have moved out of that state now. We have not filed for divorce yet. I dont know if it will be right to change my address now, I just dont know what to do and I cant go back to my husband. Do i just go ahead and call USCIS to convert my I-751 to a divorce waiver or just wait until my paperwork is approved? I need help!!!

[ImmigrationDrama 0]

Thanks so much. I already have my I-551 stamp and it expired in January 2014. I will see if the DMV will accept it. Still waiting to be approved, think it will be from July 2013.

I'm sure you can get it extended since you are still in the process.If it was not a pre-requisite by the DMV probably you wont need .Im sure the IO will understand....for the most part the officers are very good people.

[laylasa 1]

I'm sure you can get it extended since you are still in the process.If it was not a pre-requisite by the DMV probably you wont need .Im sure the IO will understand....for the most part the officers are very good people.

Thanks for this. I will see how to go about it.

[newacct 688]

It does seem kinda ironic though, that in order to stay here, the OP may be required to go and file for divorce(?) (since neither side has already filed)

[laylasa 1]

It does seem kinda ironic though, that in order to stay here, the OP may be required to go and file for divorce(?) (since neither side has already filed)

Really???? I have to file for divorce? Im not even sure how to go about it.

[VanessaTony 3,567]

Really???? I have to file for divorce? Im not even sure how to go about it.

Are you from the Philippines? If so, you should not file, your husband should, otherwise you won't be able to get the divorce recognised in the Philippines.

[laylasa 1]

Are you from the Philippines? If so, you should not file, your husband should, otherwise you won't be able to get the divorce recognised in the Philippines.

Im not from Philippines. Im from Nigeria.