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Constantine1234

I-751 pending for more than a year

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Filed: Timeline

Hi! I'm so down right now. Don't know what to do anymore. I-751 has been pending for more than a year. Worse is me and my wife are about to file for a divorce. Can i just die right now?

What's gonna happen to my i-751 if we get divorced? Do i need to inform uscis that we are getting divorce?

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You would have to withdraw that petition and file a divorce waiver petition. I believe you would have to pay the fee again. It would be a drawn out process since you would have to wait for the divorce to be finalized to get the decree. Did you try calling them?


AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Filed: Timeline

Is it possible to just convert the joint petition into waiver?

I went to an infopass appointment and all they can say is it's still pending.. I contacted the congressman and they said that the reason is pending background check..i dont understand why it's taking forever.

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Since you are still married, you can file for citizenship if you are pass your 3rd yr anniversary of being a PR. That will force them to do something about your I-751. Unless divorce is the only option you have right now.


AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Since you are still married, you can file for citizenship if you are pass your 3rd yr anniversary of being a PR. That will force them to do something about your I-751. Unless divorce is the only option you have right now.

Not when OP is filing for divorce in the middle of ROC.

He need to be the spouse of the U.S. citizen up until the time he takes the ​O​ath of ​A​llegiance​.​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html


Done with K1, AOS and ROC

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Is it possible to just convert the joint petition into waiver?

I went to an infopass appointment and all they can say is it's still pending.. I contacted the congressman and they said that the reason is pending background check..i dont understand why it's taking forever.

Yes, it is possible to convert the joint petition into waiver when you have your divorce decree.

This person successfully ROC from joint petition to waiver.

http://www.visajourney.com/forums/topic/497216-divorce-while-waiting-for-removing-conditions-decision/page-2


Done with K1, AOS and ROC

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Filed: Timeline

As I understand it, the joint petition can be converted to a waiver, but you must have some kind of legal progress toward the divorce. I'm not sure if you have to file for divorce, or have a legal separation, but I know it has to be more than just "We're getting a divorce." My wife attempted to convert her joint petition to a waiver and was denied. USCIS said it was because we did not have a legal separation, only an informal separation because I had moved out.

The end of a marriage is a sad thing, but it need not be the end of your immigration. Just be sure to get as much documentation as possible of the fact that you entered the marriage in good faith for when you convert your filing to a waiver.

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Filed: Citizen (apr) Country: Ecuador
Timeline

An extremely tasteless post has been removed from the thread.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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