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Kris_in_ny

I-751 with divorce waiver filing soon

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Hi All,

 

I just found this website during my research of filing a divorce waiver.

I live in New York and I married to an US citizen in 2016 and my marriage has ended this year in January. I have filed the divorce in May, so it has not yet finalized, however the 90 days period will begin in August to file the I-751 - removing conditions of my current GC.

I ended up the marriage, because my spouse was emotionally abusive and I didn't want to be in a toxic relationship anymore. I started therapy last year and I was asking my therapist to write me a letter to the USCIS. However she said she'd help me, she has not done this before, so I'd like you to ask what that letter suppose to say? 

I'm collecting the evidences for my marriage, I have utility bills, mobile phone bills, bank statements, airplane tickets, personal statement from our old roommate, letter from the therapist and some screenshots of text messages. I also need to write my personal statement that I've read somewhere it has to be at least 3 pages? Also I can ask my family lawyer to write me a letter?

On the form itself I should mark section where it says:

My conditional residence is based on my marriage or my parent's marriage to a U.S. citizen or lawful permanent resident, and I am filing this joint petition together with (Select only one box):

1.d My marriage was entered in good faith, but the marriage was terminated through divorce or annulment." - I'm not sure this is the right answer if my marriage has not been finalized.

 

I'm doing all this by my own due to lack of finances, so any help would be much appreciated.

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When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can.

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.


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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3 minutes ago, mindthegap said:

When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can. 

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.

The 90 days period starts on August 4th. Since the divorce was signed by my spouse in May, it could take a couple of months to be finalized. I don't know. I'm in New York, I'm hoping it will be done soon. I know if I don't attach the final divorce degree, it's an automatically means that they will ask more evidences, which is the degree itself. 

So, you're saying that I don't have to write personal statement. Maybe it must be only required if I filed an abuse.

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On 7/7/2019 at 1:15 PM, mindthegap said:

When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can.

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.

Hello, I see in your timeline that you filed for i751 twice. Could you please help me. I have some questions.

 I filed joint petition and we got separated. I filed for divorce and I dont have divorce decree in my hand yet. Today I got a notification that my soon to be ex husband withdrew my petition. I called uscis and tier 2 officer spoke with me. He says someone wrote a letter to uscis(husband) telling to withdraw the form. Now my online account tells my case has been withdrawn and to wait until i receive my withdrawn acknowledgement notice. Is there someone like me? what will happen to my case now. I will receive my final decree in two weeks. I was thinking to sent the decree and to change into waiver once i receive the final decree. What can I do now. Please help.

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