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manilaboy83

Should i include my divorce decree from previous marriage when submitting I-751 for my gc spouse? And is it true that they call spouses now for interview?

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Hello everyone. 

 

I just want to ask if i(usc) need to include my divorce decree from previous marriage when i submit my i-751 for my spouse(gc)?

 

also i read online that as of Dec2018, spouses are now called in for interviews when removing conditional gc?

 

thank you for any info you can share

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Posted (edited)

First the petition is not yours. Your spouse is the one filing to remove conditions since you are the usc you have nothing to remove. Second you both need to attend the interview when filing jointly.  That's always been the case. I don't know where did you read that this is something new. Read the guidelines very carefully before filing. Obviously you have quite of a misunderstanding going on. And yes you need to include your divorce decree.

Edited by HappyG

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For ROC spouses are always interviewed with the immigrant. They want to see if the marriage is real


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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1 hour ago, manilaboy83 said:

Thank you @Unlockable

 

@happyg uscis website. They changed their rule as of Dec2018 saying couples filing for ROC are now required to attend the interview. I know they could waive the interview appointment before. And yes i am the usc and we are both filing, not just me.

Not everyone gets interviewed so no, it's not required. Look around in other threads and you'll see plenty of people getting their 10 year GC without an interview.


J-1 212 Residency Requirement Waiver                                                                    Removal of Conditions

08/22/2016 Advisory opinion request                                                                      07/01/2019 Package sent (I-751)

09/30/2016 Finding letter sent *subject*                                                                 07/03/2019 Package received at Pheonix, AZ Lockbox

09/30/2016 Documents received by DOS                                                                07/10/2019 Text notification of Case received, WAC#

12/13/2016 NOS Letter received                                                                               07/12/2019 Received NOA, 18 month extension letter.

01/25/2017 Favorable Recommendation Sent

02/02/2017 Case received by USCIS

02/23/2017 Married!

05/17/2017 Approval notice received

 

Adjustment Of Status from J-1

05/08/2017 Package sent (I-130, I-485 and I-765)

05/11/2017 Package received at Chicago Lockbox

05/18/2017 NOA received with case numbers via mail

06/06/2017 Had biometrics appointment in Pomona, CA

08/07/2017 Sent an online service request on I-765

08/17/2017 Letter in the mail saying case still under review

08/23/2017 Scheduled for an interview

08/26/2017 Sent second SR on I-765

08/26/2017 EAD New Card is Being Produced

08/29/2017 EAD card was mailed to me

08/31/2017 EAD card received in the mail

09/25/2017  Interview at San Bernardino office/GC approved

09/25/2017 GC is being produced

09/28/2017 GC was mailed to me

09/30/2017 GC received in the mail

 

 

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3 hours ago, manilaboy83 said:

Thank you @Unlockable

 

@happyg uscis website. They changed their rule as of Dec2018 saying couples filing for ROC are now required to attend the interview. I know they could waive the interview appointment before. And yes i am the usc and we are both filing, not just me.

 

Your wife is filing, she is the petitioner. It's a "joint" filing because you're still married, but you're not the petitioner and you're not filing together.

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11 minutes ago, Mollie09 said:

 

Your wife is filing, she is the petitioner. It's a "joint" filing because you're still married, but you're not the petitioner and you're not filing together.

I am the petitioner and she is the beneficiary...and we are filing a joint petition. clear?

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8 minutes ago, manilaboy83 said:

 

 

I am the petitioner and she is the beneficiary...and we are filing a joint petition. clear?

 

 

 

You're wrong.

This is the first sentence in the I-751 instructions: https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

"This petition is used by a conditional resident who obtained status through marriage, to request that U.S. Citizenship and Immigration Services (USCIS) remove the conditions on his or her residence."

 

Is this clear enough for you?

 

 

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1 minute ago, manilaboy83 said:

@Mollie09it doesnt really matter to me as what i need to know is if i/we need to include the divorce decree, and not to figure out who the beneficiary or the recipient is. All i know is i am the usc. ok?

Nobody is trying to play the semantics game with you, we just want to prevent you from making a mistake when filling in the form... In the ROC process, the foreign spouse (who was the beneficiary) is the petitioner. 

 


 

USNLhome.jpeg

 

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5 minutes ago, manilaboy83 said:

@Daphne K your explanation is clearer and better and i appreciate the clarification, thank you so much. Yeah, i just need to figure out that divorce decree thing, whether to include it or not. 

Here is the VJ guide for ROC, maybe it will help https://www.visajourney.com/content/751guide/

 


 

USNLhome.jpeg

 

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The I-751 instructions just mention evidence to prove the marriage was entered in good faith and still ongoing.

 

I'd personally avoid including documents from a previous divorce as the officer could get confused and think the removal of conditions is not joint. And they -ideally- have any document previously sent anyway. 

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