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Trymester3

Some Very detailed I-751 Questions...maybe you can help please.

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Hello,
 
I am a US Citizen, She is a Japanese Citizen and US Resident. She will be filing ROC in early February. I have some detailed questions about my soon-to-be-ex-wife's I-751 form. We are in the middle of an uncontested divorce and I have told her that I will unofficially help her. She will probably submit her ROC I-751 form before the divorce decree arrives. So, here are some questions about the I-751.
 
Part 1, 1A: Does she write the name that is on her green card, or does she write the name that she will have after her divorce decree arrives?
 
Part 1, 10: She should mark "divorced" even though we are still technically married because the divorce decree hasn't been granted yet. She will have to provide the Decree later after an RFE is sent.
 
Part 1, 13: Should the date provided be the date that we stopped living together, or the actual date on the divorce decree? If the decree is not in our possession yet, should she leave the space blank?
 
Part 1, 16 and 17: If the Petitioner is moving around and staying in different friend's homes until she finds something more permanent, should she just check the box that says "no"
 
Part 1, 22: Can she just check the box that says "no" since her name has never been on any lease, and we always used my mother's address as our address on all official forms and IDs anyway?
 
Part 4: I qualify as "former spouse" because that is what I am, and I have publicly stated that I will help her submit her ROC package. Does she have to fill this section out (i.e. put a check mark on 1a), or can she leave it blank. What difference does it make?
 
Part 8: If I am not acknowledged at all in Part 4, then I don't need to fill out Part 8. However, "if" I am acknowledged in Part 4, then I "have" to fill out and sign Part 8. Correct? Is this correct even though we are not filing jointly and she is actually filing with a divorce waiver? Do they need my info. and signature anyway just because we had an uncontested and friendly split?
 

 

* Since we have no children and didn't use any Preparer or Interpreter, then most of the form will remain blank, right? It seems like there will be alot of unfilled and blank spaces in the form. Is this correct? We don't need to write NA or anything like that, right?

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Think of it this way. the date of filing determines a lot of your answers. If the divorce decree is not final then all the answers are given as of the date of filing. As an example, married is the answer, not divorced to Part 1.10.You can't put future values in the form.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

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17 minutes ago, Trymester3 said:

I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

Yes. Like rcripps said, you can only put current info on the form. At the form filing time still no divorce decree = she is still legally married at the time. Same with her legal name. If she took your last name, that's still her legal name before she receives the divorce decree.

No final divorce decree = you are still her spouse at the time of filing.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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

 

It says you can file a waiver before finalized but there are risks if you don't have a final divorce decree within the required time limit. Please be careful. I will re-affirm what I said before. You have to put "Married" with current name. This is true with all forms until you actually have a finalized decree and the name change has been approved through the courts. 


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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3 hours ago, EM_Vandaveer said:

No final divorce decree = you are still her spouse at the time of filing.

Thanks for your input. This relates to part 4 and part 8 of the form now. She is filing with a divorce decree, and we are not filing jointly. I will not be listed as a Petitioner, Interpreter, or anything like that. Technically, I'm still the spouse though, so does my information need to be listed? Do I need to sign the form in Part 8? Just curious?

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You don't need to sign it.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Sorry if these questions are dumb, but does it make any difference whether I do sign it or not? I mean, if she is already going to list my name and my social security # elsewhere in the form anyway, then it wouldn't look too out of place for me to sign the form, right?.

 

I'm just looking for opinions, so that when I help her with this we can get it done and out of the way as soon as possible, so then we can move on with our lives.

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I don't think you are supposed to sign it as it's a waiver filing. You had the option of filing jointly as you are only separated, not divorced yet. You chose not to do that, so don't sign it. You can send an affidavit with the filing attesting that you had a bona fide marriage just were not compatible.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Since I may not have to sign it, should I still fill out my information such as Social Security #, Address, cell phone and all the other things it asks of me (the spouse) in Part 4 and Part 8?

 

Also, if anyone else has any insight on this I'd appreciate it.

Thanks.

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12 hours ago, Trymester3 said:

I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

If I were you, I would seek professional advice on this as it appears complicated a bit. Just my candid opinion.

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6 hours ago, Trymester3 said:

Since I may not have to sign it, should I still fill out my information such as Social Security #, Address, cell phone and all the other things it asks of me (the spouse) in Part 4 and Part 8?

 

Also, if anyone else has any insight on this I'd appreciate it.

Thanks.

She would need all that info anyhow, it's her petition. You were her spouse.  


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

 

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Hi what you can do is find out if your divorce is final, even though you have yet to receive the decree. I know that the day I received mine and the date that it was actually final are different. It was actually finalized months before I received the actual decree. 


Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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9 hours ago, Trymester3 said:

NikLR, that's what I figured, but I wasn't sure. Do you also agree that I don't have to sign it in Part 8?

If youre not filing jointly, dont sign it. 


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

 

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