I 751 With Waiver Application Update

[PolarPear 8]

1 hour ago, nash2vic said:

Yesterday got my extension letter.

It extends my GC from the expiration date in November.

Since the conditional GC was based on the marriage to US Citizen and now we are divorced, is it still valid and I can travel?

It's kind of confusing ...

The letter also says that this extension does not apply to you if your conditional status has been terminated.

Yes it's still valid and you can travel. 

 

Can you  tell me what you sent in with your waiver? Also, did you hire an attorney?

Edited June 26, 2019 by PolarPear

[nash2vic 1]

1 minute ago, PolarPear said:

Yes it's still valid and you can travel. 

 

Can you  tell me what you sent in with your waiver? Also, did you hire an attorney?

No, I filed myself.

I included:

2 years tax returns, lease agreements for the apartment, 2 joint checking accounts statements, 2 joint credit card statements,  home internet bills, life insurance showing her as beneficiary,  renters insurance, car insurance,  joint car loan papers, car registrations, flight tickets and hotel reservation, some vacation pictures plus sworn affidavits from friends notarized 

[PolarPear 8]

3 hours ago, nash2vic said:

No, I filed myself.

I included:

2 years tax returns, lease agreements for the apartment, 2 joint checking accounts statements, 2 joint credit card statements,  home internet bills, life insurance showing her as beneficiary,  renters insurance, car insurance,  joint car loan papers, car registrations, flight tickets and hotel reservation, some vacation pictures plus sworn affidavits from friends notarized 

Did you file a divorce waiver and did you turn in the decree also or just waiting on it?

[nash2vic 1]

13 minutes ago, PolarPear said:

Did you file a divorce waiver and did you turn in the decree also or just waiting on it?

I filed with a divorce decree

[dumiduda1990 19]

October 2018 ROC applicant, Nebraska Service Center. Filed jointly but am in the process of a divorce which should be finalized by the end of July 2019. Will submit a package to switch to the divorce waiver after the divorce is finalized. Will update here also. Newest update: just did my bio appointment today.

[BrokenWings 8]

On 6/26/2019 at 11:34 AM, nash2vic said:

Yesterday got my extension letter.

It extends my GC from the expiration date in November.

Since the conditional GC was based on the marriage to US Citizen and now we are divorced, is it still valid and I can travel?

It's kind of confusing ...

The letter also says that this extension does not apply to you if your conditional status has been terminated.

I travelled 4 countries with extension letter. Just keep the original passport, original green card physical and original extension letter with you. You will be fine. 
Try to avoid to travel 2-3 weeks prior of expiry of extension (if applicable). 
I applied to I751 on April 30, 2018 and so far no decision. I heard it is taking 12-15 months for regular cases (married) and 15-24 months for waiver cases (divorced, VAWA, Hardship). 

Good Luck on your file!

[PolarPear 8]

1 hour ago, BrokenWings said:

I applied to I751 on April 30, 2018 and so far no decision. I heard it is taking 12-15 months for regular cases (married) and 15-24 months for waiver cases (divorced, VAWA, Hardship). 

 

Is that really true? I thought we are in the same line as other I751 users. 

[BrokenWings 8]

On 7/1/2019 at 9:45 PM, PolarPear said:

Is that really true? I thought we are in the same line as other I751 users. 

Waiver cases take longer time usually; I can say in 90% of cases. 

 

[BrokenWings 8]

On 6/9/2018 at 7:52 PM, BrokenWings said:

 

Hello Folks: Today I received my NOA I787; It said File (i 751 with waiver) received date 04/30 and Notice date: 06/01. It seems like CSC is pretty much backed up with I751 - regular and waiver both cases. 

The notice said it extends my GC validity by one year and also mentioned I will be notified for BioMetrics through ASC if required. I don't know if BioMetrics is required for me because I already did once during AOS. 

This is the only update so far. My Lawyer said my file is pretty strong with all evidences and documents I provided; so she is expecting a good result through an interview. One other lawyer said there may not be an interview because of the supporting documents; and Another lawyer said: 90% chance I will be denied because I don't have any ground to stay here after divorce and on top of that my ex-spouse ill-intendedly complained against me. 

This is really a tough time; I really don't know what will come up. Keep me in pray; God bless you all. 

 

Hello Folks:

 

My file has came at Local office (99% chance I am going to have an interview) for field office verification. I don't know what field office verification or adjudication means. I did not receive any RFE yet; very likely I may end up directly with Interview notice. 

 

Once a lawyer told me: "What is the ground for filing condition removal if you are not married to USC anymore and if you don't have any extreme hardship reason or family ties at USA?"

That is a very legit point though. I filed just good faith based; not hardship or extreme cruelty based. Can USCIS just ask me to leave USA and deny my application since I have no family ties and not married to USC anymore? I also don't have any job because I am self employed. I really don't have appropriate answer for this issue. I am getting frightened basically for no good reason. Did anyone face similar situation?

 

 

 

[zzBh13 3]

Hi everyone,

 

I was hoping to get an insight. I filed for removal of my conditions OCT 2017 (i751 joint petition), got extension letter and RFE, sent my RFE April 12th, and today got an interview notice to appear first week of August at CSC. A little background about us, me and my husband had a lot of ups and downs, mostly his drug abuse since he started not being able to book any acting jobs for some reason after we got married in May 2015, so we struggled so much about money and fought a lot, we've been separated and would get back together on and off. But the last draw was a month ago with a very serious financial fight we had and my spouse (US citizen) just wanted a divorce. At this point he started dating someone else already too, and wouldn't even cooperate or help me anymore for the joint interview. I was thinking maybe its just best to get a divorce now, Im thinking of getting the divorce in Nevada since ive been staying there at a friends house for about a month now. WE  both live in LA, but I'm a flight attendant so I could pretty much fly anywhere, and since that huge fight about money I haven't come home since or stayed in LA for more than 2 days. When I'm not flying for work, I recently stayed at my friends in Nevada and I was actually told I can actually get a fast divorce in there. I was hoping if there's no way of reconciliation anymore, then it'll be an uncontested divorce, should I just file it now or after the holiday so by the time I go for my interview alone, I can request a conversion to a divorce waiver with the final decree with me. 

 

Im quite confused, but if my husband doesn't really cooperate anymore, worst case is I get denied anyway and if I don't get a divorce now, I wouldn't even have a fighting chance going to the interview alone on a joint filing. 

 

Pleas give me some insights. I can't really afford a lawyer, and I've been handling my case on. my own. 

[BrokenWings 8]

On 7/4/2019 at 2:51 AM, ecinaj said:

Hi everyone,

 

I was hoping to get an insight. I filed for removal of my conditions OCT 2017 (i751 joint petition), got extension letter and RFE, sent my RFE April 12th, and today got an interview notice to appear first week of August at CSC. A little background about us, me and my husband had a lot of ups and downs, mostly his drug abuse since he started not being able to book any acting jobs for some reason after we got married in May 2015, so we struggled so much about money and fought a lot, we've been separated and would get back together on and off. But the last draw was a month ago with a very serious financial fight we had and my spouse (US citizen) just wanted a divorce. At this point he started dating someone else already too, and wouldn't even cooperate or help me anymore for the joint interview. I was thinking maybe its just best to get a divorce now, Im thinking of getting the divorce in Nevada since ive been staying there at a friends house for about a month now. WE  both live in LA, but I'm a flight attendant so I could pretty much fly anywhere, and since that huge fight about money I haven't come home since or stayed in LA for more than 2 days. When I'm not flying for work, I recently stayed at my friends in Nevada and I was actually told I can actually get a fast divorce in there. I was hoping if there's no way of reconciliation anymore, then it'll be an uncontested divorce, should I just file it now or after the holiday so by the time I go for my interview alone, I can request a conversion to a divorce waiver with the final decree with me. 

 

Im quite confused, but if my husband doesn't really cooperate anymore, worst case is I get denied anyway and if I don't get a divorce now, I wouldn't even have a fighting chance going to the interview alone on a joint filing. 

 

Pleas give me some insights. I can't really afford a lawyer, and I've been handling my case on. my own. 

I suggest you send the waiver application soonest before the interview. I don't know the procedure of switching to waiver in the interview. Or if you think you can get done with the divorce then take the final divorce decree with you and also try to get an affidavit from your soon to ex husband regarding the relation and marriage. Also try to add an affidavit from a close family member of him. Final divorce decree, Affidavit from him and one from his relative- You should be okay. 

 

[Villanelle 4,121]

On 7/3/2019 at 11:45 PM, BrokenWings said:

 

Hello Folks:

 

My file has came at Local office (99% chance I am going to have an interview) for field office verification. I don't know what field office verification or adjudication means. I did not receive any RFE yet; very likely I may end up directly with Interview notice. 

 

Once a lawyer told me: "What is the ground for filing condition removal if you are not married to USC anymore and if you don't have any extreme hardship reason or family ties at USA?"

That is a very legit point though. I filed just good faith based; not hardship or extreme cruelty based. Can USCIS just ask me to leave USA and deny my application since I have no family ties and not married to USC anymore? I also don't have any job because I am self employed. I really don't have appropriate answer for this issue. I am getting frightened basically for no good reason. Did anyone face similar situation?

 

 

 

I'm sorry that lawyer got in your head! What is the grounds for filing ROC? Um its called divorce waiver option and it's specifically for people who are not married anymore- does not matter if it is a hardship to leave or not, does not matter if you are established or not. It is a valid legal way to file the 751 and shame on those people who try to twist things. You do see some of it on VJ as well. Sometimes things will come up and comments start pouring in about why don't you go 'home'- and TBH that's not the point. You shouldnt have to justify using a legal path that is available to you. 

These kinds of questions shouldn't come up in the interview but occasionally they do. I mean they are asking those kinds of things to determine if you really desperately want to be in the US and possibly did anything needed to get here- And some interviewers are rougher then others. It's not something that should be asked but if you are presented with it it's best to be polite and not get defensive. Remind them gently if pushed that you don't have to justify why you want to stay. You may want to consider getting a supervisor involved if it escalates. Honestly I think if you just come up with a phrase or two ahead of time of how to respond to that- if it does happen- then it would make you feel better. 

[BrokenWings 8]

On 7/7/2019 at 4:03 PM, Villanelle said:

I'm sorry that lawyer got in your head! What is the grounds for filing ROC? Um its called divorce waiver option and it's specifically for people who are not married anymore- does not matter if it is a hardship to leave or not, does not matter if you are established or not. It is a valid legal way to file the 751 and shame on those people who try to twist things. You do see some of it on VJ as well. Sometimes things will come up and comments start pouring in about why don't you go 'home'- and TBH that's not the point. You shouldnt have to justify using a legal path that is available to you. 

These kinds of questions shouldn't come up in the interview but occasionally they do. I mean they are asking those kinds of things to determine if you really desperately want to be in the US and possibly did anything needed to get here- And some interviewers are rougher then others. It's not something that should be asked but if you are presented with it it's best to be polite and not get defensive. Remind them gently if pushed that you don't have to justify why you want to stay. You may want to consider getting a supervisor involved if it escalates. Honestly I think if you just come up with a phrase or two ahead of time of how to respond to that- if it does happen- then it would make you feel better. 

Nice answer. 

[Kimkim21 9]

On 7/1/2019 at 10:58 AM, dumiduda1990 said:

October 2018 ROC applicant, Nebraska Service Center. Filed jointly but am in the process of a divorce which should be finalized by the end of July 2019. Will submit a package to switch to the divorce waiver after the divorce is finalized. Will update here also. Newest update: just did my bio appointment today.

Hi I filed on April 10th 2019 did biometric same day as you why that long wait for your bio ?..I'm changed the next day to finger print review received didnt expect it that quickly I was just checking out the uscis apps that I downloaded its pretty good..

[BrokenWings 8]

7 minutes ago, Kimkim21 said:

Hi I filed on April 10th 2019 did biometric same day as you why that long wait for your bio ?..I'm changed the next day to finger print review received didnt expect it that quickly I was just checking out the uscis apps that I downloaded its pretty good..

They did not call me for biometrics!