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AP2000

Could I file a new I-751?

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Hi all. I received my 2 year green card in 2015 and filed the I-751 on time (jointly with my wife in late 2016). USCIS requested more evidence, which we provided. Shortly thereafter, we split up and ultimately divorced. Now they have scheduled us for an interview. There is a good chance she will not show, as she has moved across the country since our split. Our relationship lasted around six years and was legitimate.

 

Assuming my case is denied, can I re-file a new I-751 with the waiver option? If so, when do I do this, at my immigration hearing, or before? Are there any other options or things I should be aware of? Thanks for your help.

Edited by AP2000

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30 minutes ago, C90 said:

Take your divorce decree to the interview and inform the officer you want to switch to ROC with divorce waiver. Usually it shouldn't be a problem to switch at the interview, as long as you provide the right documents (in your case divorce decree)

Good idea, I didn't think of that. That seems to best fit the circumstances.

 

So if I requested to switch they'd probably give me a short time frame in which to re-file and send all the paperwork in, basically starting from scratch with evidence of our marriage while it lasted etc? Pretty much a new I-751 with the waiver option? Or would they require me to do anything on the interview day itself? I suppose that's tough to answer. Anyway, appreciate your response. Thanks again. 

Edited by AP2000

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3 minutes ago, AP2000 said:

Good idea, I didn't think of that. That seems to best fit the circumstances.

 

So if I requested to switch they'd probably give me a short time frame in which to re-file and send all the paperwork in, basically starting from scratch with evidence of our marriage while it lasted etc? Pretty much a new I-751 with the waiver option? Or would they require me to do anything on the interview day itself? I suppose that's a tough to answer. Anyway, appreciate your response. Thanks again. 

So I'm still in the AOS stage lol so idk for sure, but from what I've read on here you just give your divorce decree and that's it. You don't have to re-file :)  (please correct me if I'm wrong)

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Thanks, that's helpful. I did already send USCIS my divorce decree and provide an update on the situation when they requested evidence. But switching at the interview would hopefully mitigate some of the damage insofar as her not being present. I'm not too optimistic about all this though, even though our relationship/marriage was totally real. What a nerve-wracking time. I wish I could afford an attorney.

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Does anyone know what else I will have to bring to the interview if I go with the intention to change to the waiver? Decree/paperwork/fee/evidence prepared ahead of time and brought in with me on interview day? Or would that be some time after? Thanks.

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2 minutes ago, AP2000 said:

Does anyone know what else I will have to bring to the interview if I go with the intention to change to the waiver? Decree/paperwork/fee/evidence prepared ahead of time and brought in with me on interview day? Or would that be some time after? Thanks.

You will just bring the original docs you submitted plus the DD. You won't be refiling or repaying.

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21 minutes ago, K1visaHopeful said:

You will just bring the original docs you submitted plus the DD. You won't be refiling or repaying.

Appreciate it. Just to clarify, you mean original evidence and whatever else I can dig up to support the relationship? I will include a detailed personal statement and affidavits.

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12 hours ago, AP2000 said:

Does anyone know what else I will have to bring to the interview if I go with the intention to change to the waiver? Decree/paperwork/fee/evidence prepared ahead of time and brought in with me on interview day? Or would that be some time after? Thanks.

Same thing happened to me. I switched at the interview. My 751 was pending for 4 years. During that time we got divorced. They scheduled me for the jointly filed 751 and at the interview I took everything with me and asked to switch to the divorce waiver. He asked me to sign a paper stating that, which I did. It wasn't an easy interview since he's asking me only and he has to take my words for everything he asked but it passed and I was approved a week later. Just go and take all the originals and be prepared for any question and take anything jointly between you and your EX and you'll be fine. No need to re-file or pay again or the most important wait another at least 15-20 months to be adjudicated.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

 

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29 minutes ago, MohU3 said:

Same thing happened to me. I switched at the interview. My 751 was pending for 4 years. During that time we got divorced. They scheduled me for the jointly filed 751 and at the interview I took everything with me and asked to switch to the divorce waiver. He asked me to sign a paper stating that, which I did. It wasn't an easy interview since he's asking me only and he has to take my words for everything he asked but it passed and I was approved a week later. Just go and take all the originals and be prepared for any question and take anything jointly between you and your EX and you'll be fine. No need to re-file or pay again or the most important wait another at least 15-20 months to be adjudicated.

Thanks for sharing your story and I'm glad things worked out for you. When you say bring originals, do you mean all original evidence of your relationship (as opposed to photocopies)? I am planning to bring the divorce decree and a ton of evidence, both old and new, whatever I can find. The questions themselves should be no problem. Thanks again for any clarification.

Edited by AP2000

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1 hour ago, AP2000 said:

do you mean all original evidence of your relationship (as opposed to photocopies)

When I went I took literally everything I have (originals), Of course he didn't ask for half of what I took, but I was ready for anything he can ask for. As far as I remember he asked for the original of the lease of the apartment and some photos and some other evidence. Plus of course anything new that wasn't submitted in the filling of the 751. My advice, just be ready with any and everything you have proves the marriage. You only get one shot at this, so make it count and don't give him a chance for any doubts.


I-751 #1 - March 2015 (Jointly filed)

April 2015: Bio-metrics completed

11/30/2018 Interview Notice for 01/07/2019

01/07/2019: Withdrawn at the interview due to divorce and another 751 filed after the divorce and switched to the waiver case

 

I-751 #2 - March 2017 (Waiver)

April 2017: Bio-metrics completed

01/07/2019: Interview

01/14/2019: Approval Notification via Email

 

N-400 #1 Feb 2016 (Pending)(3-year Rule) 

February 2016: N-400 filed under the 3 year rule.

February 2016: Bio-metrics completed

04/29/2016: Interview Notice in the mail For 06/08/2016

06/01/2016: Interview was cancelled due to unforeseen circumstances (probably cause the 751 was still pending)

01/16/2019: Case changed online again to interview was scheduled for 03/06/2019

03/06/2019 The Interview (Can't be approved since I'm not eligible for the 3 year rule anymore, will have to file again under the 5 year rule, FML)

03/09/2019: Official Deny letter Via certified mail

 

N-400 #2 March 2019 IOE (Pending)(5-year Rule) 

03/09/2019: N-400 filed online under the 5 year rule (Within 72 hours of the interview)

03/09/2019: NOA1 via web Portal

03/18/2019: NOA1 in the mail

03/19/2019: NOA2 via web Portal. Bio-metrics for 04/02/2019

03/21/2019: Successful early walk-in Bio-metrics

 

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Do not refile, do not pay again. Do not fill out any forms. 

 

Just show up to the interview, explain you are divorced, give them a certified copy of the decree and bring any new evidence you have accumulated. They will switch you to a waiver and conduct the interview.

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