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kaikeen

I-751 waiver. Not enough time to respond REF. Need advice.

By kaikeen in Effects of Major Family Changes on Immigration Benefits

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kaikeen Rookie

kaikeen   0

Posted
Filed: Other Country: Russia
 Timeline
Posted

I need advice on following situation:

Been married for 3 years.

Started divorce before ROC.

Filed I-751 waiver of the joint filing requirement (while divorce is pending).

Got REF for final divorce decree (deadline September, 4).

File for judgement today August, 14

Here is the problem though: current prepossessing times for stipulated judgments at the court are two month, meaning i will have divorce decree aprrox. mid October.(which is way past REF deadline).

My question is whats gonna happen next? If i submit copy of stipulated judgement filed with court and explanation can USCIS issue another REF? or will they simply deny my case?

VanessaTony Grand Master

VanessaTony   3,567

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Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Standard procedure is to deny.

Once it's denied you will go before an immigration judge who will tell USCIS to halt the processing until your divorce decree is available. You will then mail it to them and they will continue processing your I-751. In the meantime, you're in limbo, but that's how it works.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

kaikeen Rookie

kaikeen   0

Posted
Filed: Other Country: Russia
 Timeline
  • Author
Posted

Thank you for your reply!

I actually was able to get my divorce finalized faster (first talked to court clerk - didn't get any help, then talked family law supervisor - case transferred to different department and finalized within 2 days).

I got certified copy of final judgment today. Do you happen to know if this is what USCIS refers to as final divorce decree in RFE? is this the document i need to submit?

Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

Thank you for your reply!

I actually was able to get my divorce finalized faster (first talked to court clerk - didn't get any help, then talked family law supervisor - case transferred to different department and finalized within 2 days).

I got certified copy of final judgment today. Do you happen to know if this is what USCIS refers to as final divorce decree in RFE? is this the document i need to submit?

Yes that would also be known as the final divorce decree.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

 
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