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IDK1994

Separation and Divorce Prior to I-751 Filling - Complex Situation

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Posted (edited)

I have been to many lawyers, and each one gave me different opinion, and I am honestly so depressed and I am losing all my sanity, so I'd appreciate any advice:

 

I married my wife early 2017, everything was good until 10 months laters, when we split for 2 months due to a lot our arguments, and my wife (USC) went back to school in her hometown (4 months program). Our split was prior to the approval of my CGC.After that, everything went back to normal and we worked on our relationship. Our marriage was getting better and better every single day; however, she received a job offer out of town, so we started doing long distance. Surprisingly, the long distance marriage empowered our relationship as we starting valuing our time more and more.

 

However, with time, we lost our intimacy, and our marriage started to be dull. We have amazing relationship, and we do love each others to death, it is just love isn't enough to make a marriage work, so we decided on divorce recently (Which will take around 4 months once it is filed, and we didn't file it yet, we planning on starting soon)

 

Now, the earliest I can apply for ROC is in 5 weeks, and I am not sure what to do?

1) Should I file for a divorce waiver now, and wait for them to send me the RFE? [I am not sure how long does it take them to issue an RFE? Is it once they accept it, or once the IO start looking at it?]

2) We file together, and say we are currently separated and on our way of divorce, and once the divorce is final, we will amend the application? [Would it raise flags?]

3) should I wait until the last min to apply for ROC, and wait for the RFE or just send the divorce decree as I am sure it will be done by then?

 

I am honestly so depressed and I am not sure what to do specially because every time I go to a lawyer, they start talking about deportation and denial right away. We had a real marriage, that was rocky every step of the way. I am not sure if we have good evidence, but we had joint leases, taxes, IDs same addresses, State Taxes, trips, photos, joint credit cards, joint savings, joint healthcare, joint medical bills, phone records that shows daily calls for the past 2 years, and joint utilities. Even when my wife was working out of town, she was driving home regularly at least two weekends a month. 

 

I'd appreciate any input really

Edited by IDK1994

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The type of evidence you have listed, my quick first impression would be that you do have substantive amounts of it. 

 

Second, you will need to have a support structure around you so you won't be getting the blues and freaking out right now because of the snail's pace at which USCIS does its job. Given that they are taking roughly anywhere between 12 to 20 months, you will have to be able to take care of your self for the long haul and not spend this long stretch just going crazy. 

 

mindthegap would probably be the best person on here to give you some detailed information but I think you can make the case for a divorce waiver with your situation and all the evidence you have got.

 

 

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Posted (edited)

When you get ready to file for ROC in five weeks, will your wife be willing to sign the papers with you? If you aren't divorced by then, I would file jointly because things can happen and you may decide against divorcing. As soon as you receive the divorce decree you need to switch your ROC to a divorce waiver and send them a copy of your divorce decree. 

Edited by little immigrant


 

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1 minute ago, little immigrant said:

When you get ready to file for ROC in five weeks, will your wife be willing to sign the papers with you? If you aren't divorced by then, I would file jointly because things can happen and you may decide against divorcing. As soon as you receive the divorce decree you need to switch your ROC to a divorce waiver and send them a copy of your divorce decree. 

Yes, we are in more than great terms. We truly love each others, it is just we can't live together and we can't live without each others. She has no problem signing together, but she is 100% sure about the divorce.

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44 minutes ago, kline19 said:

The type of evidence you have listed, my quick first impression would be that you do have substantive amounts of it. 

 

Second, you will need to have a support structure around you so you won't be getting the blues and freaking out right now because of the snail's pace at which USCIS does its job. Given that they are taking roughly anywhere between 12 to 20 months, you will have to be able to take care of your self for the long haul and not spend this long stretch just going crazy. 

 

mindthegap would probably be the best person on here to give you some detailed information but I think you can make the case for a divorce waiver with your situation and all the evidence you have got.

 

 

My concern is, lets say I file a divorce waiver now, how long does it take them to glance over the file and know that the divorce is not final and send RFE? I am just afraid I send a divorce waiver, and in couple of weeks they send RFE asking for the divorce decree, which by no mean, I will have

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I believe they give you enough time to receive the divorce decree when they RFE you. 

 

Another thing I wanted to reassure you. You won't get deported. With our without divorce waiver you can get your ROC approved. Just make sure you have enough evidence that the marriage was entered in good faith. 



 

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4 minutes ago, little immigrant said:

I believe they give you enough time to receive the divorce decree when they RFE you. 

 

Another thing I wanted to reassure you. You won't get deported. With our without divorce waiver you can get your ROC approved. Just make sure you have enough evidence that the marriage was entered in good faith. 

Well that is the thing, do they ask for the divorce decree once the application is received, or 8-9 Months into the application when the case get assigned to IO?

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17 hours ago, IDK1994 said:

Well that is the thing, do they ask for the divorce decree once the application is received, or 8-9 Months into the application when the case get assigned to IO?

I don't have any first hand experience for this as I filed my ROC jointly at the time. 



 

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19 hours ago, little immigrant said:

I believe they give you enough time to receive the divorce decree when they RFE you. 

 

What?

Standard 87 day response for an RFE when issued.

 

19 hours ago, IDK1994 said:

Well that is the thing, do they ask for the divorce decree once the application is received, or 8-9 Months into the application when the case get assigned to IO?

Probably quite quickly, as they check to see what it has been filed under in order to accept the filing.

 

 

 

 

Note - a waiver filing can be sent at any time - it does not have to be in the 90 day window like a joint filing. It even states this in the instructions....

So you could wait until you are divorced, then file (assuming you can cope with the scary and legally inaccurate 'your status is terminated' letters). Or you could file now jointly then switch to solo when divorced, or take your chances filing with a waiver now and wait and see how long the RFE takes..

Either way, you remain a LPR until adjudication - just some methods have a few more hoops to jump through and paperwork than others.

 


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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Since you are at good terms and you are not divorced or anything by now sent it in as a regular joint petition. 

When the divorce is finalized you send in the divorce decree and a note saying you will be switching to divorce waiver. 

 

That way way you don’t have to think about RFE right now in the middle of everything. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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1 hour ago, Georgia16 said:

Since you are at good terms and you are not divorced or anything by now sent it in as a regular joint petition. 

When the divorce is finalized you send in the divorce decree and a note saying you will be switching to divorce waiver. 

 

That way way you don’t have to think about RFE right now in the middle of everything. 

I am considering that option while stating that as of XY date, we decided on divorce, and right now are separated until we finalize the divorce

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2 hours ago, mindthegap said:

What?

Standard 87 day response for an RFE when issued.

 

Probably quite quickly, as they check to see what it has been filed under in order to accept the filing.

 

 

 

 

Note - a waiver filing can be sent at any time - it does not have to be in the 90 day window like a joint filing. It even states this in the instructions....

So you could wait until you are divorced, then file (assuming you can cope with the scary and legally inaccurate 'your status is terminated' letters). Or you could file now jointly then switch to solo when divorced, or take your chances filing with a waiver now and wait and see how long the RFE takes..

Either way, you remain a LPR until adjudication - just some methods have a few more hoops to jump through and paperwork than others.

 

I appreciate your response. I am just going to ask my wife if she is comfortable with filling together a joint until the divorce is final, which is probably the safest route since you really never know how long a divorce is going to take (Assumption 3-4 months), If yes, I will be making sure I send a note explaining that upfront as well that we getting divorced.

 

For the divorce waiver, which I personally prefer, I have seen some cases similar to mine back in 2016 and 2015 on VJ that sent a divorce waiver without a final decree and received a RFE in about 4 months from the date of NOA. That is why I assumed it will be 8-9 months into the process considering the longerrr processing time now, and my silly me, I assumed that only the assigned IO gets to send an RFE, not the those who check the application and cash the check. But as most people would agree, you never know when they send the RFE, it could be a week after the accept it, or MONTHS, which make it risky

 

 

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