I-751 Divorce Waiver - HELP

[Aussie245 0]

Hi everyone, I'm completing my I-751 form (Divorce Waiver) and in Part 1. question 10 it asks if I'm Single, Married, Divorced, Widowed - my divorce is not final yet and is awaiting judgment - what do I put here?  Married?

Also in question 13 it asks me to provide the date the marriage ended - it hasn't ended yet - do I leave this blank? or do I put the date that it will end on (six months from filing)?

 

Finally should I submit the court paperwork showing that I've started divorce proceedings?  Or should I wait for an RFE requesting the divorce decree?

 

Thanks for your help, just want to make sure I get it right.

 

 

Edited March 14, 2017 by Aussie245

[cinti_confsd 0]

i took the help an attorney . mine was finalized by the time i sent it out.

 . if its a divorce waiver, you should consult an attorney.. 

 

[Aussie245 0]

Thanks for the advice but unfortunately I can't afford a lawyer which is why I'm asking for help here.

 

If anyone can help me answer my questions I would really appreciate it.

 

Thanks!!!

[neilsqueen 433]

5 hours ago, Aussie245 said:

Hi everyone, I'm completing my I-751 form (Divorce Waiver) and in Part 1. question 10 it asks if I'm Single, Married, Divorced, Widowed - my divorce is not final yet and is awaiting judgment - what do I put here?  Married?

Also in question 13 it asks me to provide the date the marriage ended - it hasn't ended yet - do I leave this blank? or do I put the date that it will end on (six months from filing)?

 

Finally should I submit the court paperwork showing that I've started divorce proceedings?  Or should I wait for an RFE requesting the divorce decree?

 

Thanks for your help, just want to make sure I get it right.

 

 

I personally don't have firsthand knowledge of this, but from what I've read here on the forum from others, you send in the waiver and wait for the RFE for the divorce decree.  For part 1 questions 10 I would put married because you are still married.  For question 13, I would leave it blank because you are technically still married and the marriage has not ended as of filing. You can type in divorce waiver in the upper right corner in the box that says google custom search and all of the posts made about this subject will come up.  Sorry I couldn't be of more help, but I think the search will have alot of answers for you.  Also, I'm sorry about your situation and wish you the best in the future.  It's sad anytime a marriage ends.  Best wishes!

[nightingalejules 678]

Hi!

I'd suggest you check around in this other forum:

http://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

There might be people who've been through the same situation. All the best to you!

[cinti_confsd 0]

please explain your situation in the affidavit. once you receive an RFE , please send in the divorce papers .

it is important you respond to RFE with your divorce papers.

[bolin786 21]

Answer truthfully.  If divorce is not final, please indicate so.  Do not leave spaces blank and enter the info you can.

[Villanelle 4,121]

Yikes, what a mess of responses on this thread!

 

So heres how it is:

 

The standard advice is to always fill out forms completely and to provide accurate info. But the standard advice does NOT apply here. See, you are filling out a 751- which is designed to be a joint form (for the immigrant and spouse). There are several waiver options on the form to waive the joint requirement and have it be filled out only by the immigrant.

 

When you check off divorce waiver and are not divorced yet (its pending) in essence, the immigrant is sending a waiver form they are not eligible to use (yet) because to use it they have to be officially divorced to use it. The USCIS KNOWS this and allows this to occur. The immigrant will fill out the form as if they are divorced and USCIS will RFE them for proof of it. So basically you are sending an inaccurate 751 and USCIS holds it until the facts are true. 

 

Aussie would check off "divorced" as the status, because if she/he doesnt USCIS will read it as they are re-married and ask for proof of the new marriage. The date of the divorce can be entered as pending or left blank and as stated USCIS will RFE for the divorce decree and fill in/correct the blanks.

 

Typically you receive the RFE a few months after submitting the 751. If you do not have the decree by then it will complicate things a great deal. You can end up in immigration court where having an attny is recommended due to the complexity, however it can be done with out one. If you are heading down that path consider saving up now for the attny.  

[Stu4Lee 66]

I checked my 751 form (part 1 11) as married, as at the time of filing I was still married,  checking divorced would have been a false statement.

In part 1 11 (date of divorce) I wrote "pending"

I then indicated that i was filing for divorce waiver (part 2 1d)

 

I waited until I got an RFE for divorce final judgement before sending the final judgement back, approved later at interview

 

fyi I did not use or consult a lawyer for any part of this process

[Jubilant Judy 6]

Hmm so maybe it's ok to check either box if still married but divorce is pending. As long as it's explained in submission. I'm putting "Filed but not final yet." in the date of divorce box. Stu4Lee did you need the spouse's signature on the divorce waiver form? Or can you fill it out by yourself? There is space for the USC info and signature, not sure whether or not to leave blank.

[Spread Love 0]

On 10/17/2018 at 1:56 AM, Jubilant Judy said:

Hmm so maybe it's ok to check either box if still married but divorce is pending. As long as it's explained in submission. I'm putting "Filed but not final yet." in the date of divorce box. Stu4Lee did you need the spouse's signature on the divorce waiver form? Or can you fill it out by yourself? There is space for the USC info and signature, not sure whether or not to leave blank.

Hello everyone,

 

Please guide me 

I filed my I751 waiver in July 2017(VSC ). I got RFE in November 2019 and after reply to my RFE, my file was transferred to NVS on December 20, 2019, to schedule an interview. And since then no updates. Last week I made an info pass appointment in my local office Hartford, CT. They told me right now they are scheduling the 2015 files interviews. And I filed in 2017. So just WAIT WAIT WAIT. 

 

 

 I am so confused. It's almost 2 months but still didn't get interview date yet. This is the last semester of my study. After June 2019 most likely I have to move where I will find my job. I am just worried what if I will not get an interview until June 2019? Because if I will change my address then my file will delay again.

 

I have two option

 

1. Move to the place where I found job and change address (it will delay my file)

2. Stay in the same address until I am done with the interview and after the interview start job.

 

 

what do you think, which option is good for me? I am so worried because I don't want to do anything so it affects to delaying my file (because it's almost 19 months) and I also don't want to take a break in my career. I am trying to find a job near my area but what should I do if I found a job in another area, another state.

 

Please guide what should I do in this situation? Which option is best? And approximately how long it will take to get interview date?

 

[tomigaoka 8]

On 3/17/2017 at 8:51 PM, Damara said:

Yikes, what a mess of responses on this thread!

 

So heres how it is:

 

The standard advice is to always fill out forms completely and to provide accurate info. But the standard advice does NOT apply here. See, you are filling out a 751- which is designed to be a joint form (for the immigrant and spouse). There are several waiver options on the form to waive the joint requirement and have it be filled out only by the immigrant.

 

When you check off divorce waiver and are not divorced yet (its pending) in essence, the immigrant is sending a waiver form they are not eligible to use (yet) because to use it they have to be officially divorced to use it. The USCIS KNOWS this and allows this to occur. The immigrant will fill out the form as if they are divorced and USCIS will RFE them for proof of it. So basically you are sending an inaccurate 751 and USCIS holds it until the facts are true. 

 

Aussie would check off "divorced" as the status, because if she/he doesnt USCIS will read it as they are re-married and ask for proof of the new marriage. The date of the divorce can be entered as pending or left blank and as stated USCIS will RFE for the divorce decree and fill in/correct the blanks.

 

Typically you receive the RFE a few months after submitting the 751. If you do not have the decree by then it will complicate things a great deal. You can end up in immigration court where having an attny is recommended due to the complexity, however it can be done with out one. If you are heading down that path consider saving up now for the attny.  

If you get the RFE and you still dont have the DECREE, any idea how long UsCIS can wait for you to submit the final DECREE?

 

[Villanelle 4,121]

7 hours ago, tomigaoka said:

If you get the RFE and you still dont have the DECREE, any idea how long UsCIS can wait for you to submit the final DECREE?

 

well the RFE gives you the standard 87 days. If you do not have the decree wait until the last possible moment to send it back with an explanation you dont have the decree (make sure it gets there by the deadline though!!!). Once they get the RFE it usually takes them 30-60 days to process the response. They will send you an interview notice when a slot opens. Depending on how busy your local office is the interview can be as soon as 2 weeks/30 days or as long as several months wait for a slot to open. Hopefully you will have the decree for the interview. IF you dont have it, you still need to go to the interview where you will be denied by USCIS and sent to court to present the decree there.