Possibly getting divorced before filling I-751, not sure what to do. Please help

[Zeppelinn1630 3]

18 minutes ago, Villanelle said:

How did you do the paperwork for the GC? By yourself or with an attny? ROC is no more difficult then AOS forms. Technically all the forms on USCIS are suppose to be able to be filled out by regular people with out attnys. Your ROC seems perfectly normal and I don't see any issues that need an attny to handle. If you are uncomfortable then by all means use an attny. The resources on VJ plus the form instructions itself should be sufficient for you to put together a good packet

 

 Search the ROC forums. There are plenty of threads listing what people sent as proof. look at both joint and divorce waiver threads. Gather as much evidence as you can and you can always make your own thread asking for opinions on what you've gathered. 

Yes pretty much filled initial application by myself with little help from my spouse - I don't think the application is hard, just the divorce got in my head made me feel it is harder than it needs to be. I really was shocked when I called lawyers around and been told the rates between $2000-$3000 to file this simple form. I'd totally pay in case of denial or interview or court, but wasn't sure if I have to do at this early stage.

 

17 minutes ago, Villanelle said:

Edit- Also IMO the most important piece in a divorce waiver ROC is the affidavit letter you send yourself outlining the relationship and how/why it broke down along with proof. Start at the waaaay beginning when you met, describe how you fell in love and married. Outline all the joint proof you are including. Explain then how it broke down, proof of any therapy, proof of divorce paperwork along with final decree if you have it. The decree is a HUGE piece of evidence as it's a sworn court document where you both acknowledge the marriage and your joint assets and debts. 

That is great point. Do I need to notarize my own letters to explain this to the USCIS? or just formal letter is enough? Hopefully also my spouse would write an affidavit after divorce explaining the situation and how our marriage is true and real, and it just ended for the best.

[PolarPear 8]

On 7/31/2019 at 9:09 PM, Zeppelinn1630 said:

Yes pretty much filled initial application by myself with little help from my spouse - I don't think the application is hard, just the divorce got in my head made me feel it is harder than it needs to be. I really was shocked when I called lawyers around and been told the rates between $2000-$3000 to file this simple form. I'd totally pay in case of denial or interview or court, but wasn't sure if I have to do at this early stage.

 

That is great point. Do I need to notarize my own letters to explain this to the USCIS? or just formal letter is enough? Hopefully also my spouse would write an affidavit after divorce explaining the situation and how our marriage is true and real, and it just ended for the best.

I am going through the same. Divorcing my spouse. My lawyer made my spouse write a affidavit but she kind of said some mean things but my lawyer said it doesn't matter. He wants me to write one also. The lawyer notarized it. 

 

I have too much riding on this and have no room for mistakes so I just hired a lawyer. I personally do ;t see an issue doing this without a lawyer but if there were an interview, I am glad I have him. During my i485 interview, a lot of officers knew my lawyers and they were saying hi to him by his first name. That made me feel comfortable. 

[cute_pretzel 49]

I know someone here in Ohio who submitted the divorce application documents to switch the joint filing of 751 to waiver filing, and got approved without the divorce being finalized. Even now she hasn't received the final divorce decree yet and she's still in the divorce process. However, she had abortion history and medical documents to prove her marriage, which may be why she could get approved before divorce is final. 

 

Basically, if there's a possible divorce, it'll probably serve your interests better to file divorce sooner and switch the filing category.

[DSOTM1973 52]

On 7/31/2019 at 2:02 PM, Georgia16 said:

You can put a mark where the file with divorce waiver is and then in cover letter explain that you will be getting divorced. They will send out a RFE or ask you to bring the divorce decree for your interview. 

 

Just send in your evidence of your marriage and you will be fine. 

 

 

 

Edited August 28, 2019 by DSOTM1973

[DSOTM1973 52]

On 8/6/2019 at 2:23 PM, cute_pretzel said:

I know someone here in Ohio who submitted the divorce application documents to switch the joint filing of 751 to waiver filing, and got approved without the divorce being finalized. Even now she hasn't received the final divorce decree yet and she's still in the divorce process. However, she had abortion history and medical documents to prove her marriage, which may be why she could get approved before divorce is final. 

 

Basically, if there's a possible divorce, it'll probably serve your interests better to file divorce sooner and switch the filing category.