Jump to content
adbc16

Filed for Divorce Trying to Notify USCIS

7 posts in this topic

Recommended Posts

My husband and I filed for divorce a month ago and I wanted to notify USCIS about this change in our relationship. 

 

I am a September 2018 filer and I filed at the California Service Center. 

 

Is there a specific address where I should send the letter? Or would I use the same PO Box address that’s on the NOA letter I received last year?

 

Any information is appreciated. Thank you.

Share this post


Link to post
Share on other sites

Unless you have a divorce decree in hand, i don’t see a point in notifying the USCIS.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
6 hours ago, arken said:

Unless you have a divorce decree in hand, i don’t see a point in notifying the USCIS.

I read that questions might come up during N400 interviews if the divorce is not disclosed while waiting for the removal of conditions. I’d rather be cautious.

Share this post


Link to post
Share on other sites
On 6/7/2019 at 9:13 PM, adbc16 said:

I read that questions might come up during N400 interviews if the divorce is not disclosed while waiting for the removal of conditions. I’d rather be cautious.

Yes...but at the present time you are still legally married.  

As soon as you are divorced send a copy of the decree in - until then you are doing nothing wrong. The absolute worst thing would be notifying them now, them immediately sending you an RFE for a final decree (with the standard 87 day response time) and you can't provide it because your state takes six months or something, or it gets drawn out due to property/money/oneupmanship disputes.

In such circumstances, you would receive a denial and have further hoops to deal with


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.

 

Share this post


Link to post
Share on other sites
49 minutes ago, mindthegap said:

Yes...but at the present time you are still legally married.  

As soon as you are divorced send a copy of the decree in - until then you are doing nothing wrong. The absolute worst thing would be notifying them now, them immediately sending you an RFE for a final decree (with the standard 87 day response time) and you can't provide it because your state takes six months or something, or it gets drawn out due to property/money/oneupmanship disputes.

In such circumstances, you would receive a denial and have further hoops to deal with

At the moment my ex and I are in good terms so we’re still going through with the joint petition. Wouldn’t they be RFEing me for a decree if I changed it to a divorce waiver, which I didn’t do. Or would they RFE for a decree regardless?

Share this post


Link to post
Share on other sites
6 hours ago, adbc16 said:

At the moment my ex and I are in good terms so we’re still going through with the joint petition. Wouldn’t they be RFEing me for a decree if I changed it to a divorce waiver, which I didn’t do. Or would they RFE for a decree regardless?

You are not yet divorced so why are you worried about “which I didn’t do” part. Yes, as already said, once you inform USCIS about your divorce proceedings, you’ll be RFE’d for divorce decree which you wouldn’t have. So plan to inform USCIS once you have the decree.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
3 hours ago, arken said:

You are not yet divorced so why are you worried about “which I didn’t do” part. Yes, as already said, once you inform USCIS about your divorce proceedings, you’ll be RFE’d for divorce decree which you wouldn’t have. So plan to inform USCIS once you have the decree.

Got it. If trend continues with approvals I would probably get my 10-year card before my divorce decree. So will I inform them after?

 

Thanks for your responses and clearing a lot of things up for me.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...