Please help, filed I-751 now eventual divorce [edited title]

[carosully 1]

Hi everyone, I been looking for help all over the Internet but nobody seems to have an answer for this. So I filed my I175 petitition in february. Now me and my husband are probably going to get divorced. My petititon is still untouched because Vermont center is still working on october cases. I have no idea what to do next. My husband wants me to sign divorce papers and his lawyer already put it a 'summons of complaint' with the court here. I read on the USCIS site the following: If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

The thing is how do i let them know? Like they say they will issue a request but where is it written what I legally have to do now?

Any of you guys went through this? Please help me I'm crying all day cause i feel helpless and Im scared Ill have to leave my life here. I have nothing in my old country I came here for my husband but things didnt work out but we're already married 3 yrs so I have built a life here... Ugh

[newacct 688]

I don't think you have to do anything right now because USCIS hasn't asked for anything and your divorce isn't final yet.

[carosully 1]

Yea but when we filed we were still together so don't I have to legally inform them of any action towards divorce or no?

[spring333 44]

1st you need lawyer

2nd i think you need to send new 751 but Waver

3rd divorce process takes between 6 and 12 months depends on the state

Also, you can go to avvo.com and post question and lawyers will send you answers for free.

Good luck!

[Starkilla09 366]

By law the petition has to be withdrawn since you guys are divorced. You'll then have to file again individually this time by yourself with a waiver and send divorce decree together with proof of bona fide marriage like you guys did. You will be interviewed alone ( very likely) to explain the circumstances of your divorce and marriage life. Your ex husband may be called on the phone to be questioned or not. USCIS just wants to know if you marriage was entered in good faith. Sometimes people get married for best intentions but later stuffs happens and they have to go on separate ways and they know that. So if you can show that you'll still get your 10 year resident card. It will even make it more smooth if you and your ex husband are on good terms and he's corporative. It's best to go forward at this juncture with a lawyer though for your own good.

Edited July 21, 2015 by Starkilla09

[TBoneTX 43,006]

*** Thread moved from AOS/Family-Based main forum to the Removing Conditions forum -- topic involves ROC. Thread title edited to correct the form number. ***

[carosully 1]

By law the petition has to be withdrawn since you guys are divorced. You'll then have to file again individually this time by yourself with a waiver and send divorce decree together with proof of bona fide marriage like you guys did. You will be interviewed alone ( very likely) to explain the circumstances of your divorce and marriage life. Your ex husband may be called on the phone to be questioned or not. USCIS just wants to know if you marriage was entered in good faith. Sometimes people get married for best intentions but later stuffs happens and they have to go on separate ways and they know that. So if you can show that you'll still get your 10 year resident card. It will even make it more smooth if you and your ex husband are on good terms and he's corporative. It's best to go forward at this juncture with a lawyer though for your own good.

Thx so much for the reply! We are not divorced yet tho so if i withdraw im not gonna be able to file for the waiver just yet because in order to apply for the waiver the divorce has to be finished already?

[spring333 44]

Thx so much for the reply! We are not divorced yet tho so if i withdraw im not gonna be able to file for the waiver just yet because in order to apply for the waiver the divorce has to be finished already?

yes.

plus if divorce is not done, they will send you RFE and ask to send divorce decree but it will take months until you get it.

Since you filed to VT office they will take up to a year, you know how slow they are. My suggestion is wait until divorce is done and then send waver.

Thoughts?

[carosully 1]

yes.

plus if divorce is not done, they will send you RFE and ask to send divorce decree but it will take months until you get it.

Since you filed to VT office they will take up to a year, you know how slow they are. My suggestion is wait until divorce is done and then send waver.

Thoughts?

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.

someone also said i should send a letter letting the USCIS know I'm going to have a divorce? Maybe thats the start of the RFE? Why are there no damn instructions on what to do on their website for this case? And then they gonna hold me responsible if something was done wrong :-((( this is so stressful for me

[spring333 44]

I can give you my lawyer info. She is great! plus not expensive.

Yes that seems the suggestive thing to do. I just don't want to get into legal trouble where they say I haven't informed them on purpose or whatever but it seems senseless to inform them of my divorce if its not even through yet. But what you mentioned with the RFE is what my question is about. I would have to initially tell them somehow that I'm getting a divorce in order for them to send me a RFE cause I'm sure they don't check with the courts whats going on with me and my husband so how does the RFE get started. I want to get a lawyer but there is a lot of scammers out here that don't have any idea what they are doing so I'm scared to get the wrong advice. Yesterday one told me to withdraw my petition and send a new one with the waiver but like I said before that would be very bad cause divorce is not trough yet.

someone also said i should send a letter letting the USCIS know I'm going to have a divorce? Maybe thats the start of the RFE? Why are there no damn instructions on what to do on their website for this case? And then they gonna hold me responsible if something was done wrong :-((( this is so stressful for me

[carosully 1]

I can give you my lawyer info. She is great! plus not expensive.

That would be so amazing!

[Ebunoluwa 6,136]

Study this link : http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

[carosully 1]

Study this link : http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

Thanks for the link however, my issue is not that we were seperated before filing I175 we seperated after we filed it jointly.

[Ebunoluwa 6,136]

Find out approximately how long it will take for the divorce to be finalized, if it's a simple uncontested divorce then a couple month

may be all it takes.

If withing 2-3 months you will anticipate the divorce to be final send a letter to USCIS that you are in divorce proceedings and are requesting that your

initial joint petition be amended to be changed into a divorce based waiver petition OR withdraw the previous petition and file another marked

divorce in the box, either way you will then get a RFE for the final divorce decree, you usually have 87 days to submit it.

If you can't submit it after that your case would be denied but you would have another chance before a judge.
You had asked what to do to even get the RFE, you send the letter to amend OR re file based on waiver.

The timing of obtaining the final divorce decree is a bit tricky, so know when to approx get it.

I don't know if the address below is valid anymore or if it has to be send to your service center or just a general USCIS address.

You can make an infopass but double check what you are told because sometimes they misinform you.

Consulting a lawyer on how to proceed is probably best, you can then proceed yourself based on that advice without having them do the

whole thing.

• If the petitioner and beneficiary filed an I-751 petition jointly but
  • separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.
  • get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

[carosully 1]

Find out approximately how long it will take for the divorce to be finalized, if it's a simple uncontested divorce then a couple month

may be all it takes.

If withing 2-3 months you will anticipate the divorce to be final send a letter to USCIS that you are in divorce proceedings and are requesting that your

initial joint petition be amended to be changed into a divorce based waiver petition OR withdraw the previous petition and file another marked

divorce in the box, either way you will then get a RFE for the final divorce decree, you usually have 87 days to submit it.

If you can't submit it after that your case would be denied but you would have another chance before a judge.

You had asked what to do to even get the RFE, you send the letter to amend OR re file based on waiver.

The timing of obtaining the final divorce decree is a bit tricky, so know when to approx get it.

I don't know if the address below is valid anymore or if it has to be send to your service center or just a general USCIS address.

You can make an infopass but double check what you are told because sometimes they misinform you.

Consulting a lawyer on how to proceed is probably best, you can then proceed yourself based on that advice without having them do the

whole thing.

• If the petitioner and beneficiary filed an I-751 petition jointly but
  • separate before a decision is made on the I-751, the beneficiary should notify the NSC that s/he is currently separated by sending a letter to PO Box 82521, Lincoln, NE 68501-2521. The case will then be relocated to the local district office for an interview.
  • get divorced while the petition is pending, the beneficiary should file a new I-751 petition with fee (only s/he needs to sign), marking "d" in Part 2. The beneficiary should also request that the Service withdraw the first petition.

Ok thats helpful thanks, where did you get the below statement from about the I-751?