Changing I-751 from Joint to Divorce waiver while its in process

[Marloon 3]

Dear all, i have posted a thread recently asking advise on how to procced with the situation where relationships fall apart and the couple moved out from common residence as they decided to split. That happened a full year after i-751 was filed jointly to CSC. Based on timeline, since it was filed at the end of November 2016, its still about 5 months to go until CSC would take a look on it. With a help of some of VJ members (many thanks to Damara and other who took their time to advice on what to do) decidion was made to file for divorce as they not going to live together anymore and marriage did not worked out. At the time of filing they sent A LOT of bona fide evidences so no worrys about lacking of proof that marriage was entered in a good faith at all. In fact, im almost sure the joint petition would`ve been approved as it is, however staying in marriage just until it happen is wrong. So, im asking your advice and input (maybe someone has a first hand experience) on how exactly to notify CSC about current situation and ask for changing petition from joint to divorce waiver. This is my thoughts, please correct me and / or add something you think might be helful. Its a little scary to complicate the case as it already takes 1,5 years to process and the lawyer fee is  too expensive for simply sending a papers, so i really hope with the help of VJ community to come up with the right course of action as to how exactly amend the petition. 

What going to send: 

1) A letter from LPR explaning that the marriage did not worked out a year after a joint petotion was filed and asking to change petition basis from joint to divorce waiver. 

2) Finalized divorce decree 

3)Affidavit from US spose explaning her vision on how and why the marriage fall apart, confirming it was entered in a good faith 5 years ago. 

4)Affidavit from LPR similar to the fist one 

5)Additional evidences that took place after the joint filing a year ago 

 

Is that all? 

Also, not so sure how exactly to word the letter-request to change petition basis, example would be very helpful! 

 

 

Edited December 5, 2017 by Marloon

[Marloon 3]

Anyone? 

[Lemon23 400]

19 hours ago, Marloon said:

Dear all, i have posted a thread recently asking advise on how to procced with the situation where relationships fall apart and the couple moved out from common residence as they decided to split. That happened a full year after i-751 was filed jointly to CSC. Based on timeline, since it was filed at the end of November 2016, its still about 5 months to go until CSC would take a look on it. With a help of some of VJ members (many thanks to Damara and other who took their time to advice on what to do) decidion was made to file for divorce as they not going to live together anymore and marriage did not worked out. At the time of filing they sent A LOT of bona fide evidences so no worrys about lacking of proof that marriage was entered in a good faith at all. In fact, im almost sure the joint petition would`ve been approved as it is, however staying in marriage just until it happen is wrong. So, im asking your advice and input (maybe someone has a first hand experience) on how exactly to notify CSC about current situation and ask for changing petition from joint to divorce waiver. This is my thoughts, please correct me and / or add something you think might be helful. Its a little scary to complicate the case as it already takes 1,5 years to process and the lawyer fee is  too expensive for simply sending a papers, so i really hope with the help of VJ community to come up with the right course of action as to how exactly amend the petition. 

What going to send: 

1) A letter from LPR explaning that the marriage did not worked out a year after a joint petotion was filed and asking to change petition basis from joint to divorce waiver. 

2) Finalized divorce decree 

3)Affidavit from US spose explaning her vision on how and why the marriage fall apart, confirming it was entered in a good faith 5 years ago. 

4)Affidavit from LPR similar to the fist one 

5)Additional evidences that took place after the joint filing a year ago 

 

Is that all? 

Also, not so sure how exactly to word the letter-request to change petition basis, example would be very helpful! 

 

 

I think your list is fine. Don't forget to include and make a copy of your NOA1 and biometrics appointment. Just send the copy not the original letter from USCIS.

[Marloon 3]

On 06.12.2017 at 12:39 AM, Lemon23 said:

I think your list is fine. Don't forget to include and make a copy of your NOA1 and biometrics appointment. Just send the copy not the original letter from USCIS.

Thank you!! Do you think it will delay a case a lot or it would be adjudicatred as a normally filed waiver case from the begginig?

[nightingalejules 678]

 

7 hours ago, Marloon said:

Thank you!! Do you think it will delay a case a lot or it would be adjudicatred as a normally filed waiver case from the begginig?

I'm not sure... the only person I've seen posts from who's in the same situation is @DeenieRN and she filed in August 2016 with me. August filers are just getting approved now (about 30% of us August 2016 filers who are on our "list" have been approved) and while she hasn't been approved yet, we can't tell yet whether she's going to have to wait longer than the rest of us. 

[Lemon23 400]

14 hours ago, Marloon said:

Thank you!! Do you think it will delay a case a lot or it would be adjudicatred as a normally filed waiver case from the begginig?

Your application will be processed same like the applicants that filed as joint petition. Each case is different, it's a matter of how we present to USCIS our application.

[joeU 2]

7 hours ago, nightingalejules said:

 

I'm not sure... the only person I've seen posts from who's in the same situation is @DeenieRN and she filed in August 2016 with me. August filers are just getting approved now (about 30% of us August 2016 filers who are on our "list" have been approved) and while she hasn't been approved yet, we can't tell yet whether she's going to have to wait longer than the rest of us. 

Please... I need help here I filled since July 20th 2016 to remove my condition yet my application is still pending. I call them, they keep telling me I should give them two weeks, two weeks gone in and out still no reply after calling more than three times. In order words, my application has been with them for the past 16 months now at California service Centre...I even went for an extension three months ago and the immigration officer told me to go ahead and put in application citizenship and I did. One month later they send me a notification for biometrics no response yet....I'm worry, please advice thank you all

[nightingalejules 678]

7 hours ago, joeU said:

Please... I need help here I filled since July 20th 2016 to remove my condition yet my application is still pending. I call them, they keep telling me I should give them two weeks, two weeks gone in and out still no reply after calling more than three times. In order words, my application has been with them for the past 16 months now at California service Centre...I even went for an extension three months ago and the immigration officer told me to go ahead and put in application citizenship and I did. One month later they send me a notification for biometrics no response yet....I'm worry, please advice thank you all

Dude, July 20th is nothing nowadays. I thought you were a June filer. Don't worry. Put in a(nother) service request. But there are plenty of other July filers still waiting. I know it sucks but that's how far behind they are. They'll get to you when they get to you... and if you're at CSC you've got a lot of company. 

[DeenieRN 16]

The only other user to have something similar to you that I know of is @uzzey1 also a Aug 2016 filer, and already approved, with pretty much the exact equivalent of what you have listed. 

I don't feel like the waiver extends the process anymore than it already is, your case file, is your case file. When it's assigned to someone they'll open it just like everyone else's, sure there's more to the case, but they only have a couple of avenues: approval, RFE, or move to local office for interview... just like every other case.

My case is messy because I have no affidavit from my ex spouse and very little evidence because he is a vindictive character and would love nothing more than me to fail at this process. My divorce took 10 months! So I filed for ROC, then sent the waiver many months after with the decree. I feel your friend/you have more than enough evidence! Things happen, people break up. At USCIS' rate, people will be celebrating silver wedding anniversaries while waiting lol... 

[Villanelle 4,121]

They really should upload an example letter for this situation to the example form section on VJ since it comes up a lot.

 

You just need to write a basic letter in a semi-formal format.

 

USCIS

address

 

RE- LPRS name,

A#

NOA case number

DOB

resident since date

address

phone number

 

date of letter

 

Request to switch to a divorce waiver

 

To whom it may concern:

 

On X date, I, (name), A# filed a joint petition with my spouse (their name) with the X service center (where you mailed it). My case number is X. (from your NOA).  On X date (spouses name) and I legally separated/physically separated/filed for divorce/divorced. Please accept this letter as my request to switch to a divorce waiver. I am/am not attaching the divorce decree. (if you are list date of divorce and court name/if not state it will provided when the court issues it.) I am also attaching X Y and Z for your consideration.

 

Signed

dated

(you can get it notarized but it doesnt have to be)

 

 

Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

Personally I would submit a short basic letter like the above and attach a longer affidavit about the relationship and its breakdown. That statement can be multiple pages long and refer to evidence that you attach. Think 'courthouse' style evidence. You can label the attachments as attachment A, B, C etc and refer to them in your affidavit. Example we had joint bank accounts at X bank (see attachment A) blah blah. We took a trip together to Hawaii (see attachment B-D) etc., 

Edited December 10, 2017 by Damara
forgot info

[DeenieRN 16]

PS: I just got approved today... and I had much less evidence than you.

 

Good luck!

[joeU 2]

3 hours ago, DeenieRN said:

PS: I just got approved today... and I had much less evidence than you.

 

Good luck!

Which month and year did you filled?

[Marloon 3]

@nightingalejules  thank you so much!!!!!!

 

On ‎07‎.‎12‎.‎2017 at 5:19 PM, Lemon23 said:

Your application will be processed same like the applicants that filed as joint petition. Each case is different, it's a matter of how we present to USCIS our application.

 

You right, i guess its the same time to actually process petition - its just gives you much more chances to end up at interview at local office, which is pretty scary as well because my office takes 11 months for n400, i hope the ROC interview would not take longer than that as its already been a year :/

 

On ‎09‎.‎12‎.‎2017 at 5:29 PM, DeenieRN said:

The only other user to have something similar to you that I know of is @uzzey1 also a Aug 2016 filer, and already approved, with pretty much the exact equivalent of what you have listed. 

I don't feel like the waiver extends the process anymore than it already is, your case file, is your case file. When it's assigned to someone they'll open it just like everyone else's, sure there's more to the case, but they only have a couple of avenues: approval, RFE, or move to local office for interview... just like every other case.

My case is messy because I have no affidavit from my ex spouse and very little evidence because he is a vindictive character and would love nothing more than me to fail at this process. My divorce took 10 months! So I filed for ROC, then sent the waiver many months after with the decree. I feel your friend/you have more than enough evidence! Things happen, people break up. At USCIS' rate, people will be celebrating silver wedding anniversaries while waiting lol... 

CONGRATULATIONS on your approval!!! This is amazing news not only for you, but people who is going through the same issue!!! Gives hope!

Have you submitted a lot of evidences of bona fide marriage when originally filed a joint petition? I think logically they more interested in what evidences of a real marriage you had rather then why you divorced, is that right?

 

On ‎10‎.‎12‎.‎2017 at 4:22 AM, Damara said:

They really should upload an example letter for this situation to the example form section on VJ since it comes up a lot.

 

NOA case number

 

Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

Personally I would submit a short basic letter like the above and attach a longer affidavit about the relationship and its breakdown. That statement can be multiple pages long and refer to evidence that you attach. Think 'courthouse' style evidence. You can label the attachments as attachment A, B, C etc and refer to them in your affidavit. Example we had joint bank accounts at X bank (see attachment A) blah blah. We took a trip together to Hawaii (see attachment B-D) etc., 

Damara! I cant even find enough votes and reactions here on VJ to thank you for your help! I would never come up with something like this on my own, as you see im not the best in writing. This is excellent example of the letter and it gives confidence to file it without lawyer.

NOA case number - is the number from i 751 extention letter?  It says :

Reciept name: WAC-**-***-*****

Reference number: A********* ( Alien number i belive)

When i check the case status from WAC number from extention letter, it says Validation error- My case status does not recognize the reciept number entered.

I use another WAC number which is at the top of Biometrics appontment notice - and it gives me "fees were waived" glitch, so even though its not working properly,  i assume this WAC number is my actual case number - so should i put this at "NOA case number" ?

[Villanelle 4,121]

Its been a long time since Ive dealt with ROC case numbers but from what I remember theres some kind of issue with the 2 NOA numbers. Only one works to check the case status online (the one from biometrics) but technically the case number is the one on the NOA (the one that doesnt work). If you havent sent the letter out yet then I would recommend using both numbers. I would include them both. state NOA receipt number WAC XXXXX and biometics case number XXXXX. 

[Marloon 3]

4 hours ago, Damara said:

Its been a long time since Ive dealt with ROC case numbers but from what I remember theres some kind of issue with the 2 NOA numbers. Only one works to check the case status online (the one from biometrics) but technically the case number is the one on the NOA (the one that doesnt work). If you havent sent the letter out yet then I would recommend using both numbers. I would include them both. state NOA receipt number WAC XXXXX and biometics case number XXXXX. 

Thank you! The letter is not sent  yet,waiting for divorce decree and then file it all together,  being novemver 2016 filler at CSC means i can expect 6 more months to go. Divorce will become final in about 1,5 months from now so dont see a need to rush. 

 Curious thing happened - after 2 lawyers consultations there were 2 opposite opinions about if the addidavit from USC spouse is needed. One said its would be very helpful, and another said not to bother because by doing so you opening a window to USICS to contact USC spouse and ask questions, which is a risk since you cant be sure what feelings ex spouse is experiencing during divorce and might hold grudges and its better to avoid it. What you think Damara?  So far youve been more helpful then both of them. 

 

I know im asking a lot of questions, but in return im definetely not going to ghost here after all done and will  come back at this thread to update how the case go/went as it has so much helpful info and very actual nowadays for others