PLEASE HELP!!! I-751 pending and divorce

[cute-cactus 0]

Hello everyone, 

 

I need some help with my situation. I can't find any good information so I hope some of you can help me. I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:
- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing m eas the beneficiary
- Copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

 

I received in May 2017 the Notice of Action Form I-797C for my biometric appointment, and I did my biometric appointment in June 2017. 

 

We had an update on our case status on March 5th 2018 saying that our case will be transferred to a local office. 

 

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

Like I said, our case status was just recently updated saying that our case will be transferred to a local office. My question is: What should I do now if I get an interview or if I don't?
Will they deny the 10 green card? Will I be deported? Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am scared, stressed and exhausted and I don't want to have any problem with the immigration. Is there anybody in my situation or who has been in my situation?

 

Thank you

Edited March 6, 2018 by cute-cactus

[Andsco 89]

10 minutes ago, cute-cactus said:

Hello everyone, 

 

I need some help with my situation. I can't find any good information so I hope some of you can help me. I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:
- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing m eas the beneficiary
- Copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

 

I received in May 2017 the Notice of Action Form I-797C for my biometric appointment, and I did my biometric appointment in June 2017. 

 

We had an update on our case status on March 5th 2018 saying that our case will be transferred to a local office. 

 

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

Like I said, our case status was just recently updated saying that our case will be transferred to a local office. My question is: What should I do now if I get an interview or if I don't?
Will they deny the 10 green card? Will I be deported? Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am scared, stressed and exhausted and I don't want to have any problem with the immigration. Is there anybody in my situation or who has been in my situation?

 

Thank you

Is there no way you guys can try to make it work? Maybe vacation to disconnect from everything? It is always sad to hear that everything was fine (or sounds like it) and then divorce comes around. If you get an interview I would go still. You applied under marriage and his decision of divorce just came up, so you didn't do anything wrong or gave false information. Keep doing everything like you did so far, attend interview if they give you one and if they deny it, they will tell you. No one is going to hunt you down and throw you into an airplane, don't worry. 

[cute-cactus 0]

Hello Andsco

 

Not really, my husband is sure about his decision. I am heartbroken. We had ups and downs like a lot of married people, but we had a happy marriage. Yes I will go to the interview if I get one and my husband said that he would go with me as well and that he would write an affidavit for me. What did you mean by "if they deny it"?

I just don't know what to do. My husband gave me a short delay before he fills the divorce paper. It can take up to 6 months to get the divorce decree. I have read that people ask for a divorce waiver but I don't know if it is the right option. I just don't know what to do and I don't have money to hire a lawyer. 

 

Any help, please?

[cute-cactus 0]

Hello,

I am new on VisaJourney and I am looking for some knowledgeable person that could help me about my issue. 

 

Here is my situation: 

I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:

- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing me as the beneficiary
-  A copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

 

Then:

05/2017 Notice of Action Form I-797C

06/2017 Biometric appointment 

05/2018 Finally got an update on our USCIS case status saying that our case will be transferred to a local office

 

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

 

My question: What should I do now????

What should I do/say if I get an interview or if I don't?

Will they deny the 10 green card?

Will I be deported? 

Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am heartbroken because of the divorce, scared, stressed and exhausted and I don't want to have any problem with the immigration. 

 

Please, any help would be welcome

[mindthegap 2,521]

 

35 minutes ago, cute-cactus said:

What should I do/say if I get an interview or if I don't?

Are you on good terms, and is he prepared to continue with a joint filing and accompany you to an interview if scheduled?

The answer to this question dictates your next course of action.

 

35 minutes ago, cute-cactus said:

Will they deny the 10 green card?

Solely because you are now separated/seperating? No.

 

35 minutes ago, cute-cactus said:

Will I be deported? 

No

 

35 minutes ago, cute-cactus said:

Should I ask a divorce waiver now?

See answer to first question.

You can continue with a joint filing if separated, divorcing, or divorced, but if called for an interview, the USC spouse MUST attend.

If you continue as a joint filing, you must simply inform USCIS that you are separating/separated and will be divorcing soon, but wish to continue as a joint filing. If you get approved as a joint filing without informing them, this could cause you  major problems later (for example, when filing your N-400 for citizenship)

 

If you wish to switch to a waiver, then the divorce MUST be final before it can be approved. This may cause issues if for example you are in state with a long minimum separation period, or where divorce is likely to take a long time, where you can't supply a final divorce decree in response to an RFE asking for it.

 

Waiver petitions are adjudicated on the evidence provided - nothing changes in that respect.

 

 

Edited March 7, 2018 by mindthegap

[cute-cactus 0]

34 minutes ago, mindthegap said:

Are you on good terms, and is he prepared to continue with a joint filing and accompany you to an interview if scheduled?

The answer to this question dictates your next course of action.

Well, I am trying to not fight too much because I don't like conflict. We are arguing a little bit, especially because my husband wants to file for divorce and I would like him to wait a little until I know what procedure to follow in our situation

(I just want to follow the law and not have any problem with the USCIS!!!). 

He told me that he would come with me to the interview if we get one, and that he would also write an affidavit to support the bona fide of our marriage

 

34 minutes ago, mindthegap said:

1 hour ago, cute-cactus said:

Will they deny the 10 green card?

Solely because you are now separated/seperating? No.

And how about when I send them the divorce decree? (It can take 6 months in California to get the divorce decree if everything goes well) 

 

 

34 minutes ago, mindthegap said:

1 hour ago, cute-cactus said:

Should I ask a divorce waiver now?

See answer to first question.

You can continue with a joint filing if separated, divorcing, or divorced, but if called for an interview, the USC spouse MUST attend.

If you continue as a joint filing, you must simply inform USCIS that you are separating/separated and will be divorcing soon, but wish to continue as a joint filing. If you get approved as a joint filing without informing them, this could cause you  major problems later (for example, when filing your N-400 for citizenship)

 

If you wish to switch to a waiver, then the divorce MUST be final before it can be approved. This may cause issues if for example you are in state with a long minimum separation period, or where divorce is likely to take a long time, where you can't supply a final divorce decree in response to an RFE asking for it.

 

Waiver petitions are adjudicated on the evidence provided - nothing changes in that respect.

4

So writing a simple letter saying that we will start/or processing a divorce to the USCIS is enough?  If in the letter we say that we want inform them that we want to continue as a joint filing, even though they know that we are in the process of a divorce, are you sure they can still approve me? 

 

If you wish to switch to a waiver, then the divorce MUST be final before it can be approved. This may cause issues if for example you are in state with a long minimum separation period, or where divorce is likely to take a long time, where you can't supply a final divorce decree in response to an RFE asking for it. (didn't really understand that sentence ... sorry)

Like I said, it can take 6 months for a divorce to be finalized in California. If I understood well, asking for a divorce waiver now without a finalized divorce and a divorce decree to send to the USCIS wouldn't allow me enough time to provide evidences, if they ask me to send them evidence, right?

 

Thank you mindthegap for your hep, I really appreciate it. 

[mindthegap 2,521]

2 minutes ago, cute-cactus said:

 

Like I said, it can take 6 months for a divorce to be finalized in California. If I understood well, asking for a divorce waiver now without a finalized divorce and a divorce decree to send to the USCIS wouldn't allow me enough time to provide evidences, if they ask me to send them evidence, right?

Correct.

When they issue an RFE for a divorce decree you have 87 days to respond. If you can't provide it then you would receive a denial, which could then potentially involve a hearing with an immigration judge.

As for when they would send you the RFE, who knows? It could be in a few months, or it could be immediately. 

 

 

 

As your husband has indicated a willingness to continue as a joint filing and support that, you have nothing to lose and everything to gain by doing just that and simply informing them of this change in your circumstances.

If you get called to an interview and say, you have a big argument the night before and he refuses to come with you, then at the interview you could still request a switch to a divorce waiver at that time, and you would have to provide the decree (again, when an RFE is received).

 

 

Paging @Damara who is also fairly knowledgable about this

 

 

 

 

[Scazy 78]

16 minutes ago, mindthegap said:

 

 

As your husband has indicated a willingness to continue as a joint filing and support that, you have nothing to lose and everything to gain by doing just that and simply informing them of this change in your circumstances.

If you get called to an interview and say, you have a big argument the night before and he refuses to come with you, then at the interview you could still request a switch to a divorce waiver at that time, and you would have to provide the decree (again, when an RFE is received).

 

 

 

 

Dont you think if she goes on joint interview alone that may cause the denial rather than RFE for a divorce? Isnt it a risk and a slippery road to take? 

 

[mindthegap 2,521]

10 minutes ago, Scazy said:

Dont you think if she goes on joint interview alone that may cause the denial rather than RFE for a divorce? Isnt it a risk and a slippery road to take? 

 If he was to do a no show at an interview, the choice at that point would be to request a switch to a waiver (for which an RFE will be sent if final decree not in hand), or receive a denial.

Edited March 8, 2018 by mindthegap

[cute-cactus 0]

42 minutes ago, mindthegap said:

Correct.

When they issue an RFE for a divorce decree you have 87 days to respond. If you can't provide it then you would receive a denial, which could then potentially involve a hearing with an immigration judge.

As for when they would send you the RFE, who knows? It could be in a few months, or it could be immediately. 

 

 

 

As your husband has indicated a willingness to continue as a joint filing and support that, you have nothing to lose and everything to gain by doing just that and simply informing them of this change in your circumstances.

If you get called to an interview and say, you have a big argument the night before and he refuses to come with you, then at the interview you could still request a switch to a divorce waiver at that time, and you would have to provide the decree (again, when an RFE is received).

 

 

Paging @Damara who is also fairly knowledgable about this

Wait... We sent the joint petition I-751 in California, so technically, the USCIS from California should know that a divorce process takes at least 6 months to be finalized and then get the decree. 

It is really possible to get a RFE quickly after I sent them a letter saying that we are in a divorce process? Because, 87 days are enough to provide evidence of a bona fide marriage, BUT not enough to provide the divorce decree. 

 

Should I wait a few months before sending them a letter? In that way, it would allow the divorce to process. 

Should I hire a lawyer? (I am a student, and don't have any income...)

Can you really be approved in this type of situation? Is there hope?

 

Also yes, I have read a lot of answers from @Damara but I don't how to contact him/her...

 

Edited March 8, 2018 by cute-cactus

[Scazy 78]

47 minutes ago, mindthegap said:

 If he was to do a no show at an interview, the choice at that point would be to request a switch to a waiver (for which an RFE will be sent if final decree not in hand), or receive a denial.

I wasn't sure if it's indeed an option to switch to waiver if you going to joint interview alone, I thought situation like this could as well get a denial if IO decides so.

thank you

35 minutes ago, cute-cactus said:

 

Can you really be approved in this type of situation? Is there hope?

 

Also yes, I have read a lot of answers from @Damara but I don't how to contact him/her...

 

I saw at least 3 people here who amended petition from joint to waiver without RFE or interview, but they sent a final divorce decree along with amendment. 

 

Before contacting Damara please read this thread and ask her your questions there so other people who is searching for "divorce while I 751 pending" can have a full picture of what to do. She posted A LOT of information there. So as @mindthegap btw. 

Here it is: 

 

 

Edited March 8, 2018 by Scazy

[mindthegap 2,521]

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf

[Villanelle 4,121]

Everything posted here already is correct so Im not sure theres much I can add.

 

You need to contact USCIS asap since your circumstances have changed since filing. (you are now separated and filed as joint/together). If you fail to notify them of this change and they approve you w/o interview you will have problems later on when you attempt to naturalize. No one knows if you will be approved w/o interview or if one will be required but since you got a notification your case was sent to the local office odds are high you will get an interview. 

 

What happens now is totally up to you. You can trust your ex to come to the interview and tell the truth and support your application. You can be approved on a joint petition if you both show up and both wish to remain in the joint petition and have sufficient proof of the relationship. It doesnt matter if you are now separated or pending divorce in this case. 

 

Or you can decide that you dont want him involved in the process any longer or do not trust him to attend and not say something bad- so you would include in your letter a request to switch to a divorce waiver. As stated no one knows how long it will take for them to RFE you for the final decree. You may end up in immigration court having to present it. But its not a big deal. 

 

The best advice is to live your life and not make decisions based on USCIS. They have processes that will cover you for whatever happens. If he wants to go ahead and file for divorce now- he can. It wont prevent you from getting approved jointly if you choose that route., and if you choose to file under a waiver option the sooner you get the final decree the better./

[wololo 28]

40 minutes ago, Damara said:

Everything posted here already is correct so Im not sure theres much I can add.

 

You need to contact USCIS asap since your circumstances have changed since filing. (you are now separated and filed as joint/together). If you fail to notify them of this change and they approve you w/o interview you will have problems later on when you attempt to naturalize. No one knows if you will be approved w/o interview or if one will be required but since you got a notification your case was sent to the local office odds are high you will get an interview. 

 

What happens now is totally up to you. You can trust your ex to come to the interview and tell the truth and support your application. You can be approved on a joint petition if you both show up and both wish to remain in the joint petition and have sufficient proof of the relationship. It doesnt matter if you are now separated or pending divorce in this case. 

 

Or you can decide that you dont want him involved in the process any longer or do not trust him to attend and not say something bad- so you would include in your letter a request to switch to a divorce waiver. As stated no one knows how long it will take for them to RFE you for the final decree. You may end up in immigration court having to present it. But its not a big deal. 

 

The best advice is to live your life and not make decisions based on USCIS. They have processes that will cover you for whatever happens. If he wants to go ahead and file for divorce now- he can. It wont prevent you from getting approved jointly if you choose that route., and if you choose to file under a waiver option the sooner you get the final decree the better./

My spouse and I separated a few months ago, we filed together and we are still in good terms and we haven't talked about divorce or anything. I'm sure they won't mind coming to an interview with me.

 

Should I inform USCIS that we are not together anymore even though we don't have plans to divorce yet? or should I inform USCIS until we start with the divorce?

Edited March 8, 2018 by ElDuderino

[cqqzj 3]

44 minutes ago, Damara said:

Everything posted here already is correct so Im not sure theres much I can add.

 

You need to contact USCIS asap since your circumstances have changed since filing. (you are now separated and filed as joint/together). If you fail to notify them of this change and they approve you w/o interview you will have problems later on when you attempt to naturalize. No one knows if you will be approved w/o interview or if one will be required but since you got a notification your case was sent to the local office odds are high you will get an interview. 

 

What happens now is totally up to you. You can trust your ex to come to the interview and tell the truth and support your application. You can be approved on a joint petition if you both show up and both wish to remain in the joint petition and have sufficient proof of the relationship. It doesnt matter if you are now separated or pending divorce in this case. 

 

Or you can decide that you dont want him involved in the process any longer or do not trust him to attend and not say something bad- so you would include in your letter a request to switch to a divorce waiver. As stated no one knows how long it will take for them to RFE you for the final decree. You may end up in immigration court having to present it. But its not a big deal. 

 

The best advice is to live your life and not make decisions based on USCIS. They have processes that will cover you for whatever happens. If he wants to go ahead and file for divorce now- he can. It wont prevent you from getting approved jointly if you choose that route., and if you choose to file under a waiver option the sooner you get the final decree the better./

I am in the same situation, what is worse is I am in NC and it requires ONE year of separation in order to start divorce process. We filed 751 back in June 2017, and we are separated Jan 2018, I wont be able to get divorce until Feb 2019 NEXT YEAR.  I am a Vermont filer, so I will most likely hear  from USCIS June this year, either approval or interview.  so this is my laywer told me

 

1 best scenario, I got approved this JUne without any interview, I don't need to do anything. because separation does not mean divorce, it could be we just are working on problems,  and USCIS only needs to know a status change if we are formally divorced. to USCIS, the only thing matters to them is divorced or married, separation is still "married" even in the future at N400, since I wont be divorce until next year 2019, so getting 751 approved in June 2018 will not create issues for N400. I can jusy simply say we were still working on the problems during the year of separation, and was hoping to repair marriage, although it failed.

 

2 worst scenario, I get interview this June, and husband will not go with me, I need to show up my self and ask for a divorce waiver, by that time I wont have my final divorce till next year, so they will give me 87 days to acquire it, but I will fail to provide, so they will deny my greecard and put me to immigration court, normally it will take 6 months for a judge can see you, that will give me enogh time to abtain a final divorce paper work.

 

so , basically my lawyer told me I do not really need to do anything right now because "separation " does not mean a final divorce, and the USCIS does not say they have to know separation, they said on website they only needs to know if we are divorced.  

 

 

Edited March 8, 2018 by cqqzj