GOT I-751 RFE AND MY MARRIAGE IS ON VERGE OF DIVORCE

[Crazy Cat 39,218]

Just now, WeGuyGal said:

Agreed. 

But a lawyer can't solve the "I don't have evidence" problem.  Any competent lawyer would respond to the RFE by sending everything the RFE asks for at minimum. 

But if she can't provide what the RFE specifies, then she has no choice, but to file with a divorce waiver.

[WeGuyGal 1,052]

Need marriage counseling, or failing that, a divorce. Then file a divorce waiver. 

Just now, missileman said:

But if she can't provide what the RFE specifies, then she has no choice, but to file with a divorce waiver.

yep.. ya beat me to it

[Crazy Cat 39,218]

Just now, WeGuyGal said:

Need marriage counseling, or failing that, a divorce. Then file a divorce waiver. 

The husband disappeared....and she is not able to contact him.........I think the marriage counseling ship has sailed..

[WeGuyGal 1,052]

Just now, missileman said:

The husband disappeared....and she is not able to contact him.........I think the marriage counseling ship has sailed..

Oops.. missed that 

 

Yeah a divorce.. then a divorce waiver ROC

[Talk2me 2]

6 minutes ago, USS_Voyager said:

Unfortunately, I don't know any lawyer in NY. The lawyer I have in mind is based in Minneapolis. I came accross like 2-3 people couple weeks ago posting in here that they got their I-751 approved after divorced. Let me find the old post

Thank. I appreciate your help

[Kiolas 102]

Hello, @Talk2me!

first of all you have to try to reconnect with your husband and see if he's willing to help to respond to RFE. I understand he disappeared, but it is important to try one more time, maybe his family member will give you his phone #. Explain to him that it is very important for you and that you need his help.

 

If there is no way to contact him and you are sure that your marriage is over, then you can either divorce your husband or get an annulment of the marriage (whichever option better suits your situation). Note, that both of these options take time. 

 

As other members pointed out here, you can request divorce waiver for I-751. But it is important to answer RFE. Otherwise, USCIS can (based on the new policy) deny your I-751 for not answering RFE and start deportation.

 

[USS_Voyager 1,971]

59 minutes ago, Talk2me said:

Thank. I appreciate your help

Here is one, a little old: https://www.visajourney.com/forums/topic/577292-divorce-waiver-interview-approved/

 

Here is a different thread:https://www.visajourney.com/forums/topic/668895-i-751-filers-with-a-divorce-waiver/?page=4

 

Just keep searching on VJ, there are lots of people just like you who have been through the process successfully. You are not alone. Be strong!

 

[Talk2me 2]

1 hour ago, USS_Voyager said:

Unfortunately, I don't know any lawyer in NY. The lawyer I have in mind is based in Minneapolis. I came accross like 2-3 people couple weeks ago posting in here that they got their I-751 approved after divorced. Let me find the old post

 

11 minutes ago, USS_Voyager said:

Here is one, a little old: https://www.visajourney.com/forums/topic/577292-divorce-waiver-interview-approved/

 

Here is a different thread:https://www.visajourney.com/forums/topic/668895-i-751-filers-with-a-divorce-waiver/?page=4

 

Just keep searching on VJ, there are lots of people just like you who have been through the process successfully. You are not alone. Be strong!

 

Thanks again. I will keep you all posted!

[Talk2me 2]

46 minutes ago, Kiolas said:

Hello, @Talk2me!

first of all you have to try to reconnect with your husband and see if he's willing to help to respond to RFE. I understand he disappeared, but it is important to try one more time, maybe his family member will give you his phone #. Explain to him that it is very important for you and that you need his help.

 

If there is no way to contact him and you are sure that your marriage is over, then you can either divorce your husband or get an annulment of the marriage (whichever option better suits your situation). Note, that both of these options take time. 

 

As other members pointed out here, you can request divorce waiver for I-751. But it is important to answer RFE. Otherwise, USCIS can (based on the new policy) deny your I-751 for not answering RFE and start deportation.

 

Thanks for your suggestions. I contacted his family already. The number they have for him is a non-working number. I think my best option is to contact a lawyer and go ahead with a divorce. It's been 7 months since I spoke with him so I highly doubt he would be interested to talk to me now. And I have till next month to reply to the RFE.

[USS_Voyager 1,971]

2 minutes ago, Talk2me said:

Thanks for your suggestions. I contacted his family already. The number they have for him is a non-working number. I think my best option is to contact a lawyer and go ahead with a divorce. It's been 7 months since I spoke with him so I highly doubt he would be interested to talk to me now. And I have till next month to reply to the RFE.

Good luck! Just remember that RFE need to be answered. It's crucial. 

[nastra30 1,980]

@Talk2me Did USCIS specifically say ID showing same address ? Or did they say provide evidence both of you live at same address? If's the latter, then I think you should have more options.

[Jovic 8]

2 hours ago, Talk2me said:

Thanks for your suggestions. I contacted his family already. The number they have for him is a non-working number. I think my best option is to contact a lawyer and go ahead with a divorce. It's been 7 months since I spoke with him so I highly doubt he would be interested to talk to me now. And I have till next month to reply to the RFE.

I can recommend a lawyer for you in NY he help my wife to handle removal condition case when her ex abandon her. 

find below his contact and check him online too

 

Shachar Shawn Malachovsky, Esq. 

Malachovsky Law Offices P.C.

30 Wall Street, 8th Floor

New York, NY 10005

 

Phone       (212) 804-5770  

Fax           (718) 228-9220

° Website StatusImmigration.com 

° E-mail Shawn@StatusImmigration.com 

[Cryssiekins 976]

Do you have any contact information for him at all?  Work or home address?  

 

I’m only asking because I think divorce papers need to be personally served, which means you would need a physical whereabouts.

 

I agree with everyone else.  Respond to the RFE.  Provide what you have, explain why you don’t have other items.  

 

Good luck. 

[NYC waiting game 32]

13 hours ago, Talk2me said:

Hello every one,

I met my USC spouse in summer of 2014 and he proposed to me on his birthday in Jan,2015 we go married two days later.

We didn't do nothing much because we were young and in love and didn't have money to do something huge. We filed for adjustment of status 3 months later. Fast forward to me getting my 2yrs conditional green card. During the two years the marriage was on the rocks but we tried to work things out and filed joint I-751 in Sept.2017. Marriage is still shaky and my USC left without my knowledge. I can't get in contact with him and his family asked that I work things out with my husband and they dont want to be involved in our marital problems. We have lived apart for 7 months and I can't reach him at all. Its Jan,2019 I got RFE. Should I tell USCIS that am about to file for divorce? And we closed some of our joint accounts. 

Please help. Thank you.

I’m in NYC and spoken to a few lawyer but seriously all of them are awful. They don’t care about the case And mostly handled by associate. I eventually nailed down to one but still they screwed me up big time. Anyway try talk to a few lawyers and hopefully u get a good one. U could go search on Avvo or Superlawyer.  

Edited February 2, 2019 by TBoneTX
edit word

[Kiolas 102]

I agree with @NYC waiting game about lawyers. They only wants your $$$. Once you paid - they don't do anything and demand more and more $$$ from you. 

 

Do a research, know your options and do everything by yourself. There are lots of resources here on this forum. In addition, there are libraries and there are volunteer lawyers (but be careful with them too! they cannot be held responsible for their words!).

 

Do not trust any lawyer. Check and double-check everything by yourself!

Lawyers did me wrong - they took my money and ran, that's why I hate them so much.