joint 751 filed, then 3 month later divorce filed, HELP

[kofo 0]

Hello

I filed for joint 751 on August 2015
got into problems with wife and moved out in September

tried to fix relationship , didnt work

filed for divorce on November 2015

now what?

i have talked to few immigration attorneys it seems like every one have different idea

however, 3 of them have told me i should just wait until divorce get final (which still need another 5 month or something) or i get approved for 10 years green card, or i get asked for interview where i can go in with my wife but i will go by my self and ask the officer to change it to wavier 751

what do you guys think?

i am not really knowing if i should let them know that we failed for divorce

is it true that you can not file for 751 with waiver unless you have final divorce decree ?

someone provided me with this , but my poor English did not really help me to really understand

can someone read it and let me know

what i got is basically if the divorce is not final yet but we are legally separated then i do not need to let them know and i cant be just denied because of that

can some one help me understand more ?

here is the link

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

thank you

[Cheezees 1,514]

Hello

I filed for joint 751 on August 2015

got into problems with wife and moved out in September

tried to fix relationship , didnt work

filed for divorce on November 2015

now what?

i have talked to few immigration attorneys it seems like every one have different idea

however, 3 of them have told me i should just wait until divorce get final (which still need another 5 month or something) NO or i get approved for 10 years green card (So, they are advising fraud? Do not listen to this advice!), or i get asked for interview where i can go in with my wife but i will go by my self and ask the officer to change it to wavier 751

what do you guys think? Since you already filed for divorce, you need to reapply with a divorce waiver.

i am not really knowing if i should let them know that we failed for divorce. You have no choice. You need to reapply with a divorce waiver.

is it true that you can not file for 751 with waiver unless you have final divorce decree ? Nope! You reapply with a waiver and then they will send you an RFE (Request For Evidence) for the final decree which you will have time to provide. Even if you don't have it yet,you let them know and submit it when it becomes available. You are not the first person to go through this.

someone provided me with this , but my poor English did not really help me to really understand

can someone read it and let me know

what i got is basically if the divorce is not final yet but we are legally separated then i do not need to let them know and i cant be just denied because of that

can some one help me understand more ?

here is the link

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

thank you

[kofo 0]

But dont you need the divorce decree to file for 751 with waiver

as far as i know they will give 87 days to provide divorce decree and i do not think i will have it on time since it looks like its going to be a long fight.

Also i do not think they advised me for fraud, there is nothing say about letting the USCIS know about divorce unless its final

even though one side filed for divorce we are still working on fixing it and we might end up not getting divorce anyway

did you get chance to look at the link ? i think it explain a lot about that but i cant be sure.

[newacct 688]

This is not true. It is not fraud to continue with a jointly-filed ROC. It is not true that just because divorce is filed, they must do divorce waiver. USCIS policy clearly says that jointly-filed ROC can be approved even if in the process of divorce or separation, as long as they are still married at that time and can show the marriage was originally bona fide, and both people willingly attend the interview if there is one.

[kofo 0]

This is not true. It is not fraud to continue with a jointly-filed ROC. It is not true that just because divorce is filed, they must do divorce waiver. USCIS policy clearly says that jointly-filed ROC can be approved even if in the process of divorce or separation, as long as they are still married at that time and can show the marriage was originally bona fide, and both people willingly attend the interview if there is one.

I have been trying to find where is said that for hours , an attorney told me that also, but i cant seem to find it ...

also by any chance , do you know what if she decided not to show up for the interview , i know i can change it to wavier 751 at the time

but that is about it right ?

because i do not think she would attend since she is trying to steal my money and there is going to be some fights over it

[newacct 688]

I have been trying to find where is said that for hours , an attorney told me that also, but i cant seem to find it ...

also by any chance , do you know what if she decided not to show up for the interview , i know i can change it to wavier 751 at the time

but that is about it right ?

because i do not think she would attend since she is trying to steal my money and there is going to be some fights over it

Here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[Natasha&Luka 16]

I have been trying to find where is said that for hours , an attorney told me that also, but i cant seem to find it ...

also by any chance , do you know what if she decided not to show up for the interview , i know i can change it to wavier 751 at the time

but that is about it right ?

because i do not think she would attend since she is trying to steal my money and there is going to be some fights over it

Even if you get your 10 year green card, you might have problems later when you apply for citizenship. Read this article. http://www.visajourney.com/forums/topic/254908-n400-denied-based-on-prior-i-751-divorce/

I believe that you need to re-apply again with divorce waiver.

Good luck!

[kofo 0]

Even if you get your 10 year green card, you might have problems later when you apply for citizenship. Read this article. http://www.visajourney.com/forums/topic/254908-n400-denied-based-on-prior-i-751-divorce/

I believe that you need to re-apply again with divorce waiver.

Good luck!

Oh my god how scary!!

however, this guy got his final divorce paper before he get an answer for his pending 751

in my case i will most likely get the answer before my divorce is final

if you have time can you please read this and let me know what do you think

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[Natasha&Luka 16]

Oh my god how scary!!

however, this guy got his final divorce paper before he get an answer for his pending 751

in my case i will most likely get the answer before my divorce is final

if you have time can you please read this and let me know what do you think

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Honestly I'm not sure...I just know some other stories. I still think that you need to call uscis and let them know. It's going to be longer process now, but if you are planning to apply for citizenship, it's going to be a lot more complicated if you don't tell them(not to mention that now you have to wait 5 years before you apply, instead of 3). Considering that some ROC applications are 12 months + you might get your divorce finalized before you get your 10 year gc.