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NevadaLily

751 filed jointly 10m ago, now divorce?

By NevadaLily in Removing Conditions on Residency General Discussion

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NevadaLily Apprentice

NevadaLily   7

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Hi VJ community,

    Looking for some advice please. Filed a joint petition with my UCS in July'16 to CSC, had no issues at all.... Then in the winter things fell apart. We tried marriage counselling, but it didn't work. We are now separated, and I currently have a domestic violence restraining order against him in place. We haven't filed for a divorce yet. 

   Our state requires a six months waiting period between divorce filing and adjudication. What do I do? Do I need to notify USCIS? If yes, do I notify them when I file or when the divorce is final? 

   Thank you for all the help!!!

 

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coolchicn Contributor

coolchicn   5

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Filed: Citizen (apr) Timeline
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1 hour ago, NevadaLily said:

Hi VJ community,

    Looking for some advice please. Filed a joint petition with my UCS in July'16 to CSC, had no issues at all.... Then in the winter things fell apart. We tried marriage counselling, but it didn't work. We are now separated, and I currently have a domestic violence restraining order against him in place. We haven't filed for a divorce yet. 

   Our state requires a six months waiting period between divorce filing and adjudication. What do I do? Do I need to notify USCIS? If yes, do I notify them when I file or when the divorce is final? 

   Thank you for all the help!!!

 

Notify them when the divorce is final. With uscis, you are either divorced or married, nothing in between. Your ROC will likely be approved before you get divorced anyway. 

11/01/13- Mailed AOS Package
11/03/13- USPS update- Package delivered
11/08/13- Texts received for acceptance of all 3 forms
11/13/13- Received NOAs for I-485 and I-765. No I-130?
11/18/13- Biometrics Appointment letter received
11/19/13- Successful biometrics walk in
11/27/13-Received RFE
12/16/13- Sent requested evidence
01/08/14- Case status changed to Testing and Interview
01/16/14-EAD received!

06/12/14- Interview. Approved on spot!

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nightingalejules Proficient

nightingalejules   678

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Filed: Lift. Cond. (pnd) Country: Canada
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Yes, the difficulty of USCIS only accepting "married" and "divorced" is an issue. Theoretically you should amend your case to a divorce waiver, and you'd get an RFE for the divorce certificate, which then would take 6 months to produce, during which time you'd need to have an I-551 stamp in your passport for proof of status. 

You will definitely run into this problem if you are called for an interview - if your husband isn't there with you, you'll need to amend, even though you're technically still married.

 

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 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

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   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

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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Mollie09 Proficient

Mollie09   1,543

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Filed: Citizen (apr) Country: Brazil
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In the case of being called for an interview, I heard you can go and ask then for the petition to be changed to a divorce waiver.

Is that true?

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mindthegap Experienced

mindthegap   2,521

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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39 minutes ago, Mollie09 said:

In the case of being called for an interview, I heard you can go and ask then for the petition to be changed to a divorce waiver.

Is that true?

Yes. You can continue as a joint filing if your spouse is cooperative or you can choose to switch to a divorce waiver.

If you are called for an interview and your spouse refuses to attend, you have no choice but to switch to a divorce waiver or you will be denied. 

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

 I-751 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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nightingalejules Proficient

nightingalejules   678

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Filed: Lift. Cond. (pnd) Country: Canada
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16 hours ago, mindthegap said:

Yes. You can continue as a joint filing if your spouse is cooperative or you can choose to switch to a divorce waiver.

If you are called for an interview and your spouse refuses to attend, you have no choice but to switch to a divorce waiver or you will be denied. 

OP has a restraining order against her ex-husband. Therefore, he is legally forbidden to attend, so if she is called for an interview she will have to switch the petition. She may have a VAWA claim.

 

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 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

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   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

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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  • 4 weeks later...
NevadaLily Apprentice

NevadaLily   7

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On 5/17/2017 at 9:25 PM, dannymx said:

What's the current progress on your Removal of Conditions? Have you received your Bio appointment? Interviews?

I filed in July'16, did biometrics in Sept'16. Have not received any communication since. I guess it's just a waiting game now....

 

Thank you all for your responses!

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wololo Explorer

wololo   28

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Filed: IR-1/CR-1 Visa Country:
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45 minutes ago, NevadaLily said:

I filed in July'16, did biometrics in Sept'16. Have not received any communication since. I guess it's just a waiting game now....

 

Thank you all for your responses!

Thanks for your reply, that's a really long wait :(

 

Please let us know if you receive any communication from them.

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