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I-751 Form part 8 not need to be signed if divorce waiver?

By ioxtremod in Removing Conditions on Residency General Discussion

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ioxtremod Explorer

ioxtremod   23

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Just double checking, wording of the I-751 instructions can be confusing, if you are doing a divorce waiver, you are leaving part 8 completely empty, right? 

 

In the instructions, there is a line saying "Every petition MUST contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable." for both part 7 (conditional resident) and part 8 (normally the sponsoring spouse)

 

Side question, can it hurt to have my ex-wife to sign it anyway? (We are in good term, she is actually now in my place, long story.)

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nightingalejules Proficient

nightingalejules   678

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I don't think it could hurt, but I don't know. Just didn't want you to feel all alone out there.

 

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

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ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

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Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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Ontarkie Grand Master

Ontarkie   13,927

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Personally I would not have her sign it. I wouldn't want them to be confused that you're applying with a waiver then they see her signature on it and think maybe you checked the wrong box.

 

If she wants to help she can write you a letter. 

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ioxtremod Explorer

ioxtremod   23

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18 minutes ago, Ontarkie said:

Personally I would not have her sign it. I wouldn't want them to be confused that you're applying with a waiver then they see her signature on it and think maybe you checked the wrong box.

 

If she wants to help she can write you a letter. 

Yeah, it's mostly what I was thinking, trying to avoid confusion. She already write an affidavit.

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Lemon23 Proficient

Lemon23   400

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Filed: Citizen (apr) Timeline
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@ioxtremod You dont need her to sign since you're filing a divorced waiver, just your signature is fine.

VERMONT SERVICE CENTER - I-751 ROC

05/11/17: Date of I-751
05/12/17: VSC received our package

05/12/17: NOA Date
05/14/17: NOA Arrived in the mail & check cashed

06/22/17: Biometrics Appointment at ASC Manhattan

04/09/18: Online changed to case transferred to local office but no actual letter

06/13/18: Card Being Produced - NO RFE/NO INTERVIEW

06/16/18: Approval Letter arrived in the mail with 06/13/18 approval date

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06/25/18: NOA letter arrived in the mail

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07/12/18: Biometrics appointment at ASC Manhattan

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mindthegap Experienced

mindthegap   2,538

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Thanks, yes I got this part, her signature is not needed. But, my question was can her signature help if she sign it anyway or it would just make the form not valid?

 

If you want her to help (and great that she is adult enough to want to, and to not try to screw you over as so many do), then file jointly even though divorced.

If you do this, then she MUST show up for an interview if called.

 

Edit- i mean filing jointly and declaring that you are divorced which is perfectly permitted and they have a procedure for this. I do not mean filing jointly and pretending you are still together.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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ioxtremod Explorer

ioxtremod   23

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If you want her to help (and great that she is adult enough to want to, and to not try to screw you over as so many do), then file jointly even though divorced.

If you do this, then she MUST show up for an interview if called.

 

Edit- i mean filing jointly and declaring that you are divorced which is perfectly permitted and they have a procedure for this. I do not mean filing jointly and pretending you are still together.

 

Okay, thanks a lot, I didn't know that. If we are filling jointly, do we have to wait to be in the 90-day window as we are unchecking the divorce waiver box?

 

I don't mind going this way if that makes the case stronger as I trust my ex-wife, however I won't have more joint evidences by then (couple of months) than now as we are divorced and separated.

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mindthegap Experienced

mindthegap   2,538

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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If you are filing as normal, then it would be in the 90 day window.

 

As far as I am aware, if you file jointly telling them you are divorced, they will RFE you for conformation that you wish to proceed as a joint filing still rather than switch to a solo waiver.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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ioxtremod Explorer

ioxtremod   23

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If you are filing as normal, then it would be in the 90 day window.

 

As far as I am aware, if you file jointly telling them you are divorced, they will RFE you for conformation that you wish to proceed as a joint filing still rather than switch to a solo waiver.

It seems to be simpler to stick to a waiver then. as RFE plus 90 days seems to add more delays. Plus, I guess USCIS expect you to file as a divorce waiver if there are RFE asking to switch to the waiver? (Not including, the possibly of change of hearth of my ex-spouse even if low probability.)

 

I wonder if there is a way to know how much importance they are according to joint filling in the upfront declared divorce case like this. 

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