I-751 Switch to Divorce Waiver, NO RFE, NO INTERVIEW

[SY12 29]

5 minutes ago, parsha said:

I am not sure I will have the final divorce decision by March

so if in that case, I have to file join and explain I am under the process?

god so stressful

If your spouse is willing to file it with you, you can do that.

 

You can also just file a divorce waiver but explain in the application that your divorce is pending and you will update them once you receive a final decree. Your waiver application will not be adjudicated until they receive the final decree. However, since the waiting period now is at least a year or so, you should be able to obtain your decree and file it with USCIS during the period and it should not cause any significant delay on the process.

 

Hope that helps!

[parsha 163]

23 hours ago, SY12 said:

If your spouse is willing to file it with you, you can do that.

 

You can also just file a divorce waiver but explain in the application that your divorce is pending and you will update them once you receive a final decree. Your waiver application will not be adjudicated until they receive the final decree. However, since the waiting period now is at least a year or so, you should be able to obtain your decree and file it with USCIS during the period and it should not cause any significant delay on the process.

 

Hope that helps!

It does help, thank you very much

wish me luck, I am hoping to file March 1 or ASAP

the waiting time is so long, already feel stressful about it

[SY12 29]

4 hours ago, parsha said:

It does help, thank you very much

wish me luck, I am hoping to file March 1 or ASAP

the waiting time is so long, already feel stressful about it

You are welcome. Good Luck!

The waiting period sucks but it won't really affect your daily life. 

Be patient and you will be fine  

[OnTheGoFaroese 1]

Hello! I applied for I-751 with waiver even though My divorce was still pending. Last year I got my final decree of divorce do I need to send them a copy of it or just wait for them to ask for it? My latest update is my case was transferred to Nebraska. And also, I am planning to move to a different address do you think I should wait first for my immigration to be setteled before moving out or is it okay just to notify them of change of address. I am moving on 02/14. Thank you! And congrats sayo. 

Edited January 26, 2019 by NurseOntheGo

[SY12 29]

4 hours ago, NurseOntheGo said:

Hello! I applied for I-751 with waiver even though My divorce was still pending. Last year I got my final decree of divorce do I need to send them a copy of it or just wait for them to ask for it? My latest update is my case was transferred to Nebraska. And also, I am planning to move to a different address do you think I should wait first for my immigration to be setteled before moving out or is it okay just to notify them of change of address. I am moving on 02/14. Thank you! And congrats sayo. 

Hello!

 

It is okay to move, just update your address online. My case was transferred to Nebraska also, and it was adjudicated about 2 months after the transfer.

 

If I were you, I would update USCIS with the divorce decree and ask to switch to a waiver. You don't have to do that but they do REF if they know you are divorced. Even if you get the 10-year green card without interview or REF, when you apply for citizenship, they might ask why you did not inform USCIS about the divorce when your I-751 is pending.

 

Hope that helps! Good luck  

[OnTheGoFaroese 1]

On 1/26/2019 at 7:12 AM, SY12 said:

Hello!

 

It is okay to move, just update your address online. My case was transferred to Nebraska also, and it was adjudicated about 2 months after the transfer.

 

If I were you, I would update USCIS with the divorce decree and ask to switch to a waiver. You don't have to do that but they do REF if they know you are divorced. Even if you get the 10-year green card without interview or REF, when you apply for citizenship, they might ask why you did not inform USCIS about the divorce when your I-751 is pending.

 

Hope that helps! Good luck  

Hello! Thank for the help! And one more thing, my paper is a waiver to begin with although I only sent them a copy of proof that my divorce is currently in pending (California is more than 6 mos), and do I need to put an explanation letter along with it why my marriage ended? And do I just need to mail all of these in the Nebraska address they provided in my NOA? 

 

PS.

Can you inbox me of the sample letter you did? 

 

Thank you!

 

I dont have an attorney cant afford.

[SY12 29]

9 hours ago, NurseOntheGo said:

Hello! Thank for the help! And one more thing, my paper is a waiver to begin with although I only sent them a copy of proof that my divorce is currently in pending (California is more than 6 mos), and do I need to put an explanation letter along with it why my marriage ended? And do I just need to mail all of these in the Nebraska address they provided in my NOA? 

 

PS.

Can you inbox me of the sample letter you did? 

 

Thank you!

 

I dont have an attorney cant afford.

Hello hello! I would either include a letter explaining the marriage now or when you update USCIS with the final decree. 

 

As to the address, I am not 100% sure. When I filed, I just filed with the address listed on the USCIS website. 

https://www.uscis.gov/i-751

 

As to the letter, I did not follow any sample letter. I basically started with a paragraph expressing my intention to switch to a divorce waiver. Then I started talking about how we met, what we were doing at the time, and what happened in the marriage that leads to a divorce. I ended with a paragraph expressing what I currently do (at the time of filing) and what my goal is for the future. I also emphasized that I have been in the US for almost ten years, always in good status (F1 before marriage) and have no intention to obtain a green card by fraud.

 

Hope this helps!

 

 

 

 

 

 

 

 

 

 

 

[OnTheGoFaroese 1]

On 1/22/2019 at 9:27 AM, SY12 said:

If your spouse is willing to file it with you, you can do that.

 

You can also just file a divorce waiver but explain in the application that your divorce is pending and you will update them once you receive a final decree. Your waiver application will not be adjudicated until they receive the final decree. However, since the waiting period now is at least a year or so, you should be able to obtain your decree and file it with USCIS during the period and it should not cause any significant delay on the process.

 

Hope that helps!

 

27 minutes ago, SY12 said:

Hello hello! I would either include a letter explaining the marriage now or when you update USCIS with the final decree. 

 

As to the address, I am not 100% sure. When I filed, I just filed with the address listed on the USCIS website. 

https://www.uscis.gov/i-751

 

As to the letter, I did not follow any sample letter. I basically started with a paragraph expressing my intention to switch to a divorce waiver. Then I started talking about how we met, what we were doing at the time, and what happened in the marriage that leads to a divorce. I ended with a paragraph expressing what I currently do (at the time of filing) and what my goal is for the future. I also emphasized that I have been in the US for almost ten years, always in good status (F1 before marriage) and have no intention to obtain a green card by fraud.

 

Hope this helps!

 

 

 

 

 

 

 

 

 

 

 

Thank you for the insights! I will definitely update them with my divorce, because in a long run, I think you are right, they will be asking for it when I do my citizenship. I will be truthful to them 100%.

 

thank you again.

[SY12 29]

3 hours ago, NurseOntheGo said:

 

Thank you for the insights! I will definitely update them with my divorce, because in a long run, I think you are right, they will be asking for it when I do my citizenship. I will be truthful to them 100%.

 

thank you again.

No problems! Best of luck  

[indianshah 4]

I’m jointly filed i751 with my ex in dec 2017. Notified USCIS about the divorce proceedings in Nov 2018. They sent me an RFE in March 2019. I responded back with a ton of documents to prove good faith marriage, personal statement and divorce decree to CSC a few days later. Does anyone have an idea of how long CSC usually takes to respond to RFE?

[cute_pretzel 49]

I believe you were the one I saw at Moonbbs! Great to see you here as well!

 

Good luck with everything!

[Savva 222]

On 1/4/2019 at 11:52 AM, SY12 said:

Hello all,

 

Happy New Years ~ Yesterday I received a notification saying "card is being produced" and just want to share my experience.

 

NOA date is 08/01/17, jointly filed in CA office

02/xx/18 Case Transferred to Local Office (cannot remember the exact date but this appears to be a bug maybe)

Summer of 2018, I switched to a divorce waiver after receiving the final decree

10/16/18 Transferred to Nebraska

01/03/19 Card is being produced

 

NO RFE, NO INTERVIEW

 

For the divorce waiver, I submitted a personal statement explaining the relationship, the final decree, some photos, 3 letters from my friends and that was all.

 

Personally, I came to the US when I was 15 for high school. I met and married my ex-husband in college. We then moved to Colorado where I attended law school.

During law school, our relationship went sour and we decided to separate. I switched from jointly filed to a divorce waiver after receiving the final decree.

There was no violence, abuse, cheating, or anything like that. We just grew apart.

 

I am sharing my experience to reassure that even with a divorce waiver with no violence, people can still pass I-751 without RFE or Interview. Just tell the truth!

 

Please feel free to reach out to me if you have any questions! 

 

BEST LUCK TO EVERYONE THAT IS STILL WAITING. YOU WILL GET YOUR CARD!

Congrats on your approval! Still waiting here!