Jump to content
Sign in to follow this  
dudeinTriBeCa

I-751 dilemma please help!!!!

6 posts in this topic

Recommended Posts

Okay I'll try to keep this post brief and provide as much details as possible. So basically my spouse and I separated back in December 2014 when we started living apart. Insecurity, infidelity and finances were the leading cause of the marriage's breakdown. My GC expires on Sept 18 and our no contest divorce would be finalized on Sept 15. I doubt I'll have copies of the divorce decree in hand same day and I need to file for ROC with a waiver before the GC expires 3days later. At this point what would be my best course of action? File the I-751 now without copies of the divorce decree to meet the 90 day requirement and hope they issue an RFE for the divorce decree in which I can provide when I have it in hands? Or wait to receive the court papers then file the I-751 but the downside is I'll officially be outside the 90day window and my GC would have expired by then? Just an FYI my spouse and I maintained a fairly normal relationship since the break up (it was horrible in the beginning though). I mean we are not like best of friends now but not enemies either. We only communicate when there's a real need to do so (usually to share updates regarding the divorce) but she's still VERY CLOSE and visits my family just not me :rolleyes::rolleyes: . I'll appreciate any feedback and/or response. Thanks VJ'ers!!


I-130 PROCESS

01/17/2014 (Day 0): mailed I-130 to Chicago Lockbox

01/21/2014 (Day 4): I-130 delivered signed by R. Mercado.

01/23/2014 (Day 6): email NOA (case transferred to TSC)

01/27/2014 (Day 10): NOA 1 received (PD 01/21/2014)

05/30/2014 (Day 134): I-30 APPROVED, email NOA 2

06/05/2014 (Day 140): APPROVAL LETTER RECEIVED!!!!

I-485 AOS

06/10/2014 (Day 0): mailed AOS packet to Chicago Lockbox

06/11/2014 (Day 1): I-485 delivered signed by R.Mercado

06/16/2014 (Day 5): received email NOA for all forms (I-485 transferred to NSC; I-131 & I-765 processed at NBC)

06/17/2014 (Day 6): check cashed

06/21/2014 (Day 10): received hard copy NOA1 for all forms

06/23/2014 (Day 12): received biometric appointment letter 

07/11/2014 (Day 30): BIOMETRICS COMPLETED

07/14/2014 (Day 33): requested Expedite processing I-765

07/17/2014 (Day 36): request for evidence for expedite

07/23/2014 (Day 42): faxed in documents to USCIS

07/25/2014 (Day 44): e-notification, EAD/AP APPROVED!! 

07/29/2014 (Day 48): Status change “Testing and Interview"

07/31/2014 (Day 50): online status update "EAD card mailed

08/01/2014 (Day 51): EAD/AP CARD RECEIVED

08/13/2014 (Day 63): status change interview scheduled

08/15/2014 (Day 65): interview mail (9/18/14 @11:15AM)

09/18/2014 (Day 99): INTERVIEW APPROVED ON SPOT

09/22/2014 (Day 103): I-485 approval notice received

09/24/2014 (Day 105): Status change Green card mailed

09/27/2014 (Day 108): 2YRS GREEN CARD RECEIVED!!!!

I-751 ROC

09/15/2016 (Day 0): mailed ROC with divorce waiver

09/16/2016 (Day 1): delivered VSC, signed by L. Zuckowski

09/21/2016 (Day 5): check cashed

09/24/2016 (Day 8): received EXTENSION letter in the mail

10/06/2016 (Day 20): biometrics mail received (09/30/16)

10/17/2016 (Day 31): biometrics completed

09/11/2017 (Day 361): I-751 APPROVED

09/15/2017 (Day 365): Approval notice received in the mail

09/26/2017 (Day 376): Status change card in production

09/29/2017 (Day 379): Status change card mailed on 09/28

10/02/2017 (DAY 382): 10YRS GREEN CARD DELIVERED

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

In my opinion, you have three choices:

1. File within the 90-day window, add a page about the divorce decree and wait for an RFE.

2. File within the 90-day window, add a page about the divorce decree and mail it in as soon as you have a copy and a case number, and hope they add it to your file correctly.

3. Wait for the divorce decree, write an explanation about why you waited to file the papers until you got a copy of the divorce decree and pray they will accept your lateness excuse.

I'd do #1, myself, as I think it is the most conservative choice, and I don't like gambling with USCIS. But I think each option is valid.

Perhaps others have had actual experience in a case like this....

Sukie in NY

Edited by Sukie

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

Share this post


Link to post
Share on other sites

I agree file without the divorce decree and send it in with the eventual RFE.

Sorry for all the edits. My screen phone is broken and i cant see what the heck I'm typing!

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

This is a fairly common situation for those filing with divorce waivers on VJ. You need to file without the divorce decree. You will receive an RFE for it and will have some time to produce the final decree. Waiting to file AFTER the decree is obtained but outside of the 90-day window is unacceptable and a reason for denial. DO NOT make that mistake.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Share this post


Link to post
Share on other sites

Thank you so much guys, I appreciate all the feedback. So it appears I'll file the I-751 without the divorce decree. Now my question is should I file the application on Sept 15 the same day the divorce would be granted or file today and postdate the divorce dates and date of signature on the form? But the problem is I plan to overnight the packet so USCIS would receive the application on Sept 13 meanwhile the signature and dates on the forms shows Sept 15th. Could this be a potential problem?


I-130 PROCESS

01/17/2014 (Day 0): mailed I-130 to Chicago Lockbox

01/21/2014 (Day 4): I-130 delivered signed by R. Mercado.

01/23/2014 (Day 6): email NOA (case transferred to TSC)

01/27/2014 (Day 10): NOA 1 received (PD 01/21/2014)

05/30/2014 (Day 134): I-30 APPROVED, email NOA 2

06/05/2014 (Day 140): APPROVAL LETTER RECEIVED!!!!

I-485 AOS

06/10/2014 (Day 0): mailed AOS packet to Chicago Lockbox

06/11/2014 (Day 1): I-485 delivered signed by R.Mercado

06/16/2014 (Day 5): received email NOA for all forms (I-485 transferred to NSC; I-131 & I-765 processed at NBC)

06/17/2014 (Day 6): check cashed

06/21/2014 (Day 10): received hard copy NOA1 for all forms

06/23/2014 (Day 12): received biometric appointment letter 

07/11/2014 (Day 30): BIOMETRICS COMPLETED

07/14/2014 (Day 33): requested Expedite processing I-765

07/17/2014 (Day 36): request for evidence for expedite

07/23/2014 (Day 42): faxed in documents to USCIS

07/25/2014 (Day 44): e-notification, EAD/AP APPROVED!! 

07/29/2014 (Day 48): Status change “Testing and Interview"

07/31/2014 (Day 50): online status update "EAD card mailed

08/01/2014 (Day 51): EAD/AP CARD RECEIVED

08/13/2014 (Day 63): status change interview scheduled

08/15/2014 (Day 65): interview mail (9/18/14 @11:15AM)

09/18/2014 (Day 99): INTERVIEW APPROVED ON SPOT

09/22/2014 (Day 103): I-485 approval notice received

09/24/2014 (Day 105): Status change Green card mailed

09/27/2014 (Day 108): 2YRS GREEN CARD RECEIVED!!!!

I-751 ROC

09/15/2016 (Day 0): mailed ROC with divorce waiver

09/16/2016 (Day 1): delivered VSC, signed by L. Zuckowski

09/21/2016 (Day 5): check cashed

09/24/2016 (Day 8): received EXTENSION letter in the mail

10/06/2016 (Day 20): biometrics mail received (09/30/16)

10/17/2016 (Day 31): biometrics completed

09/11/2017 (Day 361): I-751 APPROVED

09/15/2017 (Day 365): Approval notice received in the mail

09/26/2017 (Day 376): Status change card in production

09/29/2017 (Day 379): Status change card mailed on 09/28

10/02/2017 (DAY 382): 10YRS GREEN CARD DELIVERED

Share this post


Link to post
Share on other sites

Initiating the application process is independent of the date of the final divorce decree. Sign and date the forms with the day the forms are actually signed.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...