i-751 filers with a divorce waiver

[zsuzsanna 15]

Hello all who divorced while i-751 was pending,

 

I just wanted to write a little encouragement for all who need it. 

I filed the i-751 jointly with my then husband at the end of September of 2016. NOA was October 12, 2016. 

9 months later my husband left me and a few months later our divorce was final with no green card in sight. 

I amended my i-751 and switched to a divorce waiver in October 2017. And yesterday, I was approved without an RFE or an interview. YAY. 

 

I understand what an uncertain and fearful time this is in our lives. As if getting a divorce wasn't bad enough. I can't offer too much information on the divorce waiver other than how I did it, but we can surely encourage each other through this journey. I noticed that there are quite a few people who are filing with a divorce waiver and thought to start this group to offer information and encouragement to each other.  

 

Zsuzsanna

Edited April 18, 2018 by zsuzsanna

[wololo 28]

I really appreciate your post. I'm going through the same pain, I'm about to start proceedings for divorce, and my I-751 is still pending too, but knowing that you got approved without an RFE or interview gives me hope.

 

Where did you file your I-751? CSC or VSC? How complete was your evidence package? How long was the marriage?

[Maya2015 28]

How did you switch from joint to a divorce waiver? did you fill out the form again? How did you inform USCIS?

 

Oh and very important, was you case transferred?

 

Thank you so much!!!

[cd5731 0]

this is a good news

Edited April 19, 2018 by cd5731

[zsuzsanna 15]

Sorry guys, I didn't see the comments until today. 

 

I filed in CSC. 

 

When I filed i-751, I barely submitted evidence. It was just the standard. I thought if they need more, they will just send a letter about it. I didn't think I was going to get a divorce a year later. 

 

My marriage lasted 3.5 years. 

 

I actually went to a lawyer to help me submit the divorce waiver. But only, because I had the money. It's not that hard. 

We didn't file another i-751, my lawyer submitted a form called G28, or something like that. That informed USCIS that she is now represents me and she also wrote a letter asking that with this petition we are asking to switch from a joint filer to a divorce filer. That's all she did. Because I was already divorced, we included the divorce decree.

I got all the evidence for a bona fide marriage together and we turned in about a 100 pages of stuff. 

All the standards, like bank account statements, lease agreement, utility service, car titles, car insurance, health insurance cards, emergency contacts, life insurance beneficiaries, family phone plans, phone logs, text messages, facebook messages, letters from landlord, my friends, my boss, anyone who knew about our relationship. We also included materials for when my ex and I dated, how we fell in love, messages, emails, letters, post cards, etc and a ton of pictures and facebook posts. 

 

And my case was also transferred to the local office, but I'm not sure if that was a glitch or was really the case. I see a lot of people got that. 

 

[APOLONIA 1]

On 4/18/2018 at 6:29 PM, zsuzsanna said:

Hello all who divorced while i-751 was pending,

 

I just wanted to write a little encouragement for all who need it. 

I filed the i-751 jointly with my then husband at the end of September of 2016. NOA was October 12, 2016. 

9 months later my husband left me and a few months later our divorce was final with no green card in sight. 

I amended my i-751 and switched to a divorce waiver in October 2017. And yesterday, I was approved without an RFE or an interview. YAY. 

 

I understand what an uncertain and fearful time this is in our lives. As if getting a divorce wasn't bad enough. I can't offer too much information on the divorce waiver other than how I did it, but we can surely encourage each other through this journey. I noticed that there are quite a few people who are filing with a divorce waiver and thought to start this group to offer information and encouragement to each other.  

 

Zsuzsanna

I find your timeline very interesting  as my friend goes through the same.

[maddieph35 0]

On 4/21/2018 at 7:01 PM, zsuzsanna said:

Sorry guys, I didn't see the comments until today. 

 

I filed in CSC. 

 

When I filed i-751, I barely submitted evidence. It was just the standard. I thought if they need more, they will just send a letter about it. I didn't think I was going to get a divorce a year later. 

 

My marriage lasted 3.5 years. 

 

I actually went to a lawyer to help me submit the divorce waiver. But only, because I had the money. It's not that hard. 

We didn't file another i-751, my lawyer submitted a form called G28, or something like that. That informed USCIS that she is now represents me and she also wrote a letter asking that with this petition we are asking to switch from a joint filer to a divorce filer. That's all she did. Because I was already divorced, we included the divorce decree.

I got all the evidence for a bona fide marriage together and we turned in about a 100 pages of stuff. 

All the standards, like bank account statements, lease agreement, utility service, car titles, car insurance, health insurance cards, emergency contacts, life insurance beneficiaries, family phone plans, phone logs, text messages, facebook messages, letters from landlord, my friends, my boss, anyone who knew about our relationship. We also included materials for when my ex and I dated, how we fell in love, messages, emails, letters, post cards, etc and a ton of pictures and facebook posts. 

 

And my case was also transferred to the local office, but I'm not sure if that was a glitch or was really the case. I see a lot of people got that. 

 

my case is so similar with yours. dated for 3 years, married for 3 years and 3 months.  I filed i751 with my then husband on august 2016, got divorced on august 2017 while i751 is still pending. but I got an RFE april 2018 submitted my divorce decree and switched  my i751 application  to a divorce waiver and all the documents but still waiting untill now. my wish is to get an approval without interview. but if i do get an interview it is ok too my marriage was legitimate and my ex was helping me with the i751 process. HOPEFULLY I will get an answer soon. I'm tired of waiting it's almost 2 years 

[lissatt89 8]

On 6/6/2018 at 7:07 AM, maddieph35 said:

my case is so similar with yours. dated for 3 years, married for 3 years and 3 months.  I filed i751 with my then husband on august 2016, got divorced on august 2017 while i751 is still pending. but I got an RFE april 2018 submitted my divorce decree and switched  my i751 application  to a divorce waiver and all the documents but still waiting untill now. my wish is to get an approval without interview. but if i do get an interview it is ok too my marriage was legitimate and my ex was helping me with the i751 process. HOPEFULLY I will get an answer soon. I'm tired of waiting it's almost 2 years 

I am in the same boat now. Divorce is not final yet but I think it will in the next two weeks. Should I notify USCIS right away as soon as I have my divorce decree or should my lawyer do it? Also, for some reason my case was put on hold because of pending security check. I also filed October 2016 and I kinda believe they lost my stuff. Do you have to submit all evidence again with the divorce decree and your statement that you want to switch to a waiver? Luckily my husband and me are still in good terms and are trying to work things out but he's firm on getting divorced which is super frustrating  

[mindthegap 2,521]

30 minutes ago, lissatt89 said:

Do you have to submit all evidence again with the divorce decree and your statement that you want to switch to a waiver? 

No.

Just a copy of your receipt, a cover letter requesting a switch, and a copy of the divorce decree.

30 minutes ago, lissatt89 said:

 Luckily my husband and me are still in good terms and are trying to work things out but he's firm on getting divorced which is super frustrating  

You don't have to switch to a waiver - you can remain as a joint filing if on good terms...

[lissatt89 8]

21 minutes ago, mindthegap said:

No.

Just a copy of your receipt, a cover letter requesting a switch, and a copy of the divorce decree.

You don't have to switch to a waiver - you can remain as a joint filing if on good terms...

So, I don't need to notify USCIS of my divorce if my husband and me are in good terms but still get divorced? I thought you HAVE TO switch to a waiver when you get divorced I didn't know that you can still file jointly even when the divorce is final. So basically as long as my husband comes with me to the interview we can keep the petition jointly? So people switch to a waiver because they ex husband don't want to attempt the interview? Sorry for the questions but thats the first time I heard I can keep the petition jointly as long as we are in goof terms. 

[maddieph35 0]

3 hours ago, lissatt89 said:

I am in the same boat now. Divorce is not final yet but I think it will in the next two weeks. Should I notify USCIS right away as soon as I have my divorce decree or should my lawyer do it? Also, for some reason my case was put on hold because of pending security check. I also filed October 2016 and I kinda believe they lost my stuff. Do you have to submit all evidence again with the divorce decree and your statement that you want to switch to a waiver? Luckily my husband and me are still in good terms and are trying to work things out but he's firm on getting divorced which is super frustrating  

When I filed for my divorce I did not notify the USCIS, I guess I was kind of hoping to just get the 10 year green card in the mail, my divorce was finalized august 2017 and I got  RFE on March this year so I re-do everything. I asked them to switch my petition to a divorce waiver and I submitted everything.all the documents I had to prove that our marriage was in good faith. My ex husband and I are still friends and talking.

When you get your divorce decree submit a copy to the USCIS and if I were you, you should also submit all the documentation because it's been almost 2 years and you might be right they could lose your stuff. Good luck to us. hopefully we'll hear good news SOON. Keep me updated in your case. I will do the same

[lissatt89 8]

8 minutes ago, maddieph35 said:

When I filed for my divorce I did not notify the USCIS, I guess I was kind of hoping to just get the 10 year green card in the mail, my divorce was finalized august 2017 and I got  RFE on March this year so I re-do everything. I asked them to switch my petition to a divorce waiver and I submitted everything.all the documents I had to prove that our marriage was in good faith. My ex husband and I are still friends and talking.

When you get your divorce decree submit a copy to the USCIS and if I were you, you should also submit all the documentation because it's been almost 2 years and you might be right they could lose your stuff. Good luck to us. hopefully we'll hear good news SOON. Keep me updated in your case. I will do the same

Interesting. I will defiantly submit the divorce decree but also want the case handled as a joint petition since my husband is really corporate but I guess that's not possible. Would USCIS even know you are divorced if you won't tell them and we both show up for an interview? Yes, I will keep you updated. I guess my case is pending at security check which I don't really believe but will see what they say when I show up for an info pass to check whats going on. 

[lissatt89 8]

14 minutes ago, maddieph35 said:

When I filed for my divorce I did not notify the USCIS, I guess I was kind of hoping to just get the 10 year green card in the mail, my divorce was finalized august 2017 and I got  RFE on March this year so I re-do everything. I asked them to switch my petition to a divorce waiver and I submitted everything.all the documents I had to prove that our marriage was in good faith. My ex husband and I are still friends and talking.

When you get your divorce decree submit a copy to the USCIS and if I were you, you should also submit all the documentation because it's been almost 2 years and you might be right they could lose your stuff. Good luck to us. hopefully we'll hear good news SOON. Keep me updated in your case. I will do the same

Oh, and did you hear back from USCIS yet after you filed again for I 751? What a hassle to do everything over again especially with the current waiting time

[maddieph35 0]

You should tell them about your divorce. they will find out! do not take the risk. plus when you apply for your citizenship that will be a big hassle.

and no I haven't heard back from them. I reply to the RFE on April 25. I got a notice that they move my case to MO on May 8th and nothing after that. right now I'm still waiting for the interview or a possible green card in the mail. 

[mindthegap 2,521]

14 minutes ago, lissatt89 said:

 Would USCIS even know you are divorced if you won't tell them and we both show up for an interview? 

Unlikely...but you would be lying to USCIS which is not wise and can cause you massive issues further down the line, with a citizenship application for example.

 

3 hours ago, lissatt89 said:

So, I don't need to notify USCIS of my divorce if my husband and me are in good terms but still get divorced?

You need to notify them. You can remain as a joint filing if you wish.

Should be noted that divorce is not grounds for denial -  filings are adjudicated on the evidence provided, whether joint or waiver.

Edited June 19, 2018 by mindthegap