Jump to content
krbha

Jointly filed I 751 and divorced

9 posts in this topic

Recommended Posts

Really need help, 

 

My current situation: 

 

1)  Filed I 751 Jointly in July 2018.

2) I filed domestic voilence and divorce against my wife in August.

3) I got divorce in September 2018 under "Cruel Treatment" category, i proved in the court that my wife tortured me.

4) During this time, my wife called USCIS and told i left her, but didn't withdraw the I-751.

 

 

My question

1) I asked my lawyer about next steps, he told me to wait till the decision on my current jointly filed I-751.  He mentioned i don't have to inform USCIS about divorce. Is it correct ?

2) Since my wife called USCIS and told them i left her, i am assuming i will be definitely called for interview, so in the interview if i directly show them final divorce decree i got under cruel treatment and the proofs we entered marriage legally, will they approve my case ?

Share this post


Link to post
Share on other sites
26 minutes ago, krbha said:

Really need help, 

 

My current situation: 

 

1)  Filed I 751 Jointly in July 2018.

2) I filed domestic voilence and divorce against my wife in August.

3) I got divorce in September 2018 under "Cruel Treatment" category, i proved in the court that my wife tortured me.

4) During this time, my wife called USCIS and told i left her, but didn't withdraw the I-751.

 

 

My question

1) I asked my lawyer about next steps, he told me to wait till the decision on my current jointly filed I-751.  He mentioned i don't have to inform USCIS about divorce. Is it correct ?

2) Since my wife called USCIS and told them i left her, i am assuming i will be definitely called for interview, so in the interview if i directly show them final divorce decree i got under cruel treatment and the proofs we entered marriage legally, will they approve my case ?

You MUST tell USCIS about the divorce.  At the interview, you will provide the divorce certificate, along with the proof your marriage was entered into in good faith, and switch to a waiver.  You don’t need your ex-wife.

 

Your attorney May have meant you can wait until there is an interview to tell USCIS.

Share this post


Link to post
Share on other sites
8 minutes ago, Cryssiekins said:

You MUST tell USCIS about the divorce.  At the interview, you will provide the divorce certificate, along with the proof your marriage was entered into in good faith, and switch to a waiver.  You don’t need your ex-wife.

 

Your attorney May have meant you can wait until there is an interview to tell USCIS.

My lawyer said the same, when they called for interview, i have to take my divorce letter. 

 

Actually my question is, is it ok to tell about my divorce in the interview directly or should i send a letter beforehand ?

Share this post


Link to post
Share on other sites

I would tell them before because sometimes there is no interview and it can mess up citizenship later if you wait. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Just now, NikLR said:

I would tell them before because sometimes there is no interview and it can mess up citizenship later if you wait. 

Can you please tell me, how it will mess up citizenship ? 

Share this post


Link to post
Share on other sites

Send a letter to the service center on your NoA/extension letter.

 

Include your identifying information and Receipt Number.  

 

Include a copy of the divorce decree.

 

Keep a copy of what you send with proof of delivery.  

Share this post


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

Can you please tell me, how it will mess up citizenship ? 

Because they approve the I-751 based on the fact that you're still married and filed jointly.  If you're not still married then that throws an error up in your timeline and it can look like you lied or withheld information.  They may or may not have approved your I-751 if you were no longer married.  Once your marital status actually changes, like you have a divorce decree, you should inform the USCIS immediately if you are currently undergoing a USCIS processing like the I-751.  Chances are, if you had enough evidence to begin with, you have zero issues to worry about. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
48 minutes ago, Cryssiekins said:

Send a letter to the service center on your NoA/extension letter.

 

Include your identifying information and Receipt Number.  

 

Include a copy of the divorce decree.

 

Keep a copy of what you send with proof of delivery.  

Thank you for this information. 

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...