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Eli0709

PLEASE HELP!!!! I-751 pending RFE and divorce..

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Hello everyone!

 

I got married with USC spouse in summer of 2015 and we didn’t really have a wedding because we were young and just out of collage and didn’t have much money do anything. We filed for adjustment of status after we married and got my green card spring 2016. 

 

Fast forward to me filing my I-751 jointly march 2018, at that time marriage is already shaky but we are still together, but things just became worst and worst last winter so we decided to filed divorce two months ago.

However last week, I’ve got RFE on my I-751 asking more evidences of “continue to share life together”, which is…..

So the question now is:
-    Can amend my I-751 and switch to a divorce waiver with my divorce still being process which I don’t know how long it will take….
-    Or should i respond my RFE with all the evidences I have that can prove our marriage was entered in a good faith AND a letter explain our current situation but wish to continue as a joint filling.

 

 

Please help and thank so muchhh!!! 
 

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I have not been in your situation and I am sorry that you have to endure this :( 

 

Maybe this article can help explain what you can do or steps you can take.

https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html


IR-1/CR-1

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
event.png

event.png

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You're not sharing your lives together anymore/divorced so you will have to change your I751 to divorce waiver and provide evidence of good faith. You provide your divorce decree when its finalized and available. I don't know how, maybe someone can provide more detailed directions.


AOS FROM - F1 OPT                                                                                                                                             ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                          Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center] 

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                   Day 09 - Mar-21-2018- Check Cashed                                                                   

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                 Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                 Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                       Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]                              Day 406-Apr-22-2019 - New Card Is Being Produced

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]                                   Day 410-Apr26-2019 - Received ROC Approval Letter

Day 85 - Aug-31-2016 - Received EAD Card                                                                                                    Day 414- Apr-30-2019 - Received 10-year Green Card :dance:

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced] 

Day 118 -Oct-03-2016 -  Received AOS Approval Letter

Day 121 -Oct-06-2016 - Received Conditional Green Card [ROC opens ~ Mar 10, 2018]

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Posted (edited)
3 hours ago, Eli0709 said:

 Can amend my I-751 and switch to a divorce waiver with my divorce still being process which I don’t know how long it will take….

Yes

 

3 hours ago, Eli0709 said:

-    Or should i respond my RFE with all the evidences I have that can prove our marriage was entered in a good faith AND a letter explain our current situation but wish to continue as a joint filling.

You must respond the RFE regardless.

 

Whether you also request a switch to a waiver is up to you. but remaining on a joint filing relies on your spouse being co-operative, which as a lot of divorcees will tell you, can be tricky, especially if they try to use or hold your immigration as some sort of leverage against you.

Do note that once you inform them you want to switch to a divorce waiver, they will request a copy of your final decree and the waiver I-751 cannot be approved without this.

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May2015 [Denied]

 

Early May 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
May 2015: Notice of receipt/1yr extension received, dated day of receipt. This was forwarded to me outside the US, and no issues re-entering multiple times.
June 2015: Biometrics completed - walk in / argument, stressing proof of imminent travel and multiple prior inconvenient appointments & reschedules.
May 2016: Vermont Service Centre updated to processing May 2015 cases, therefore my case is now classed as outside normal processing time
May 2016: Service request sent (whatever that is) after calling to find out why I am still waiting after 12 months. Unable to tell me anything.
May 2016: Letter received in response, stating processing is on hold due to 'pending security checks' with no other information. Not helpful.
May 2016: (7am) - Infopass appointment for I-551 Stamp in passport.  (8am) - Returned to USCIS office for another I-551 stamp after realizing the dumbass put the expiry stamp as 2015 not 2017. Two entire passport pages wasted. Cheers. 

Oct 2016: Infopass appointment (not at local office). USCIS have sent my file to an overseas office, in a country that neither myself or my spouse have ever resided in. It has sat there untouched for five months. Why? Who knows. Internal query requesting urgent clarification is sent by USCIS officer.  
Oct 2016: An identical 'pending security check'  letter received, addressing precisely none of my or the immigration officers legitimate queries. 
Nov 2016: Infopass appointment: My file is now back in the US and at my local office...no other updates or progress. 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'       Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance - enough is enough. 
May 2017: Yet another infopass. No updates, interview of further progress. Still no response from Congressperson, Senator, or Ombudsman received. 
June 2017: 68 days after contacting them, the Ombudsman finally contacted USCIS. 'It may take up to 60 days to receive a response'.   
July 2017:  A follow up enquiry sent by Ombudsman to USCIS after receiving no response or action after 45 days. I am Jack's complete lack of surprise. 
August 2017: 60 days has come and gone with no response from USCIS. Contacted the Ombudsman who will contact them AGAIN. 
August 2017: Email from Ombudsman - USCIS have scheduled an interview at the very end of August .  
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
September 2017: Now 4 weeks since interview, my file has not moved from the officers desk, and no decision is showing when I call and speak to a Tier 2.  
September 2017: Request filed for Senator assistance (a different senator - maybe I will get a reply & assistance from this one?). 
October 2017: 37 days since interview....and no decision.  W, and indeed, TF is going on???? 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS

I-751 #2 - Oct 2017 [Pending] 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  

October 2017: I-797C Receipt/extension letter received, dated day of receipt at VSC 

October 2017: Another I-551 stamp obtained at infopass appointment, as the extension letter is useless with a 2yr card that expired 2.5yrs ago! 

November 2017: Biometrics completed (early walk-in) 

N-400 Feb 2018 [Pending] 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February 2018: Biometrics completed (walk-in)

Mid - February  2019: N-400 Interview - unable to conduct, as pending I-751 was still in Vermont, despite case transfer notice having been received.

April 2019: Filed request for Senator assistance.

 

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On 5/1/2019 at 8:43 AM, Eli0709 said:

Hello everyone!

 

I got married with USC spouse in summer of 2015 and we didn’t really have a wedding because we were young and just out of collage and didn’t have much money do anything. We filed for adjustment of status after we married and got my green card spring 2016. 

 

Fast forward to me filing my I-751 jointly march 2018, at that time marriage is already shaky but we are still together, but things just became worst and worst last winter so we decided to filed divorce two months ago.

However last week, I’ve got RFE on my I-751 asking more evidences of “continue to share life together”, which is…..

So the question now is:
-    Can amend my I-751 and switch to a divorce waiver with my divorce still being process which I don’t know how long it will take….
-    Or should i respond my RFE with all the evidences I have that can prove our marriage was entered in a good faith AND a letter explain our current situation but wish to continue as a joint filling.

 

 

Please help and thank so muchhh!!! 
 

Read this thread and do the right thing

 


AOS FROM - F1 OPT                                                                                                                                             ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                          Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center] 

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                   Day 09 - Mar-21-2018- Check Cashed                                                                   

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                 Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                 Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                       Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]                              Day 406-Apr-22-2019 - New Card Is Being Produced

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]                                   Day 410-Apr26-2019 - Received ROC Approval Letter

Day 85 - Aug-31-2016 - Received EAD Card                                                                                                    Day 414- Apr-30-2019 - Received 10-year Green Card :dance:

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced] 

Day 118 -Oct-03-2016 -  Received AOS Approval Letter

Day 121 -Oct-06-2016 - Received Conditional Green Card [ROC opens ~ Mar 10, 2018]

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