To resubmit or not, i-751 after divorce

[Lonely star 0]

Hey everyone, 

 I hope you are all well! 

I filled I-751 with my wife in May last year 2019. Since then the relationship has broken down and we are getting a divorce. Which is about to be filed.

 I have been reading around the forums here and have spoken to two lawyers about next steps. But I am a bit confused, I’m hoping someone can shed some light and offer some opinions.

 

 Do I need to submit a whole new I-751 package? Or write a basic letter outlining the facts, submit the divorce decree and ask that my case be amended to a divorce waiver?

 

 After reading some topics on this forum, I was thinking I could just write a letter letting them know of the divorce and provide the final decree with perhaps a statement from myself describing the marriage breakdown.

 When I spoke to the lawyers they both recommend preparing an entire new I-751 evidence package, one said I should get a statement from my spouse and one suggested not to get a statement from my spouse.

 I am concerned that I won’t have enough evidence for a new package as I have lost some old bills ect. Our original package was pretty good I believe, with statements from my wife's family members that wouldn’t be willing to do that again now that we have separated.

 If I do/ do not submit a new i-751 will the case manager/ reviewing officer still consider the evidence from the “old” I-751?

any help is greatly appreciated 

[Deagle 508]

I filed a joint I751 with my wife. When it was being processed we filed for divorce. I sent a letter to the USCIS to where I sent my I751. Telling them that a divorce has been filed but we are still living together and that if the divorce is finalized before a decision was made on my I751 I would let them know. My I751 was approved and I received my GC. Maybe 2 weeks after that my divorce was finalized. I sent them a letter with a copy if my I751 approval letter and a copy of my previous letter. Telling them that my divorce is now finalized. 

 

I personally think I did the right thing. Maybe dring my N400 interview they would not like what I did, but I will tell them that there was no clear instructions on what to do from their end.

[Ryan H 3,812]

Moved from K3 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[NikLR 13,227]

You can definitely send the information to them before the I-751 is finalized.   

Did you originally adjust your status, or come on a different type of visa?

[Lonely star 0]

On 5/24/2020 at 8:43 AM, NikLR said:

You can definitely send the information to them before the I-751 is finalized.   

Did you originally adjust your status, or come on a different type of visa?

 I came on a spousal visa

 

[NikLR 13,227]

then you may or may not have an interview. 

[Hannah_NYC 14]

On 5/23/2020 at 5:34 PM, Lonely star said:

Hey everyone, 

 I hope you are all well! 

I filled I-751 with my wife in May last year 2019. Since then the relationship has broken down and we are getting a divorce. Which is about to be filed.

 I have been reading around the forums here and have spoken to two lawyers about next steps. But I am a bit confused, I’m hoping someone can shed some light and offer some opinions.

 

 Do I need to submit a whole new I-751 package? Or write a basic letter outlining the facts, submit the divorce decree and ask that my case be amended to a divorce waiver?

 

 After reading some topics on this forum, I was thinking I could just write a letter letting them know of the divorce and provide the final decree with perhaps a statement from myself describing the marriage breakdown.

 When I spoke to the lawyers they both recommend preparing an entire new I-751 evidence package, one said I should get a statement from my spouse and one suggested not to get a statement from my spouse.

 I am concerned that I won’t have enough evidence for a new package as I have lost some old bills ect. Our original package was pretty good I believe, with statements from my wife's family members that wouldn’t be willing to do that again now that we have separated.

 If I do/ do not submit a new i-751 will the case manager/ reviewing officer still consider the evidence from the “old” I-751?

any help is greatly appreciated 

Hi! So what did you end up doing? 

My case is ready to be scheduled for an interview,  been waiting now 3 months for a date, but our marriage is falling apart and we decided to file for divorce. Not sure how to proceed in this case 😐.  Should we just file and I go alone on the interview with the divorce paper... or do I let them know about the divorce before the interview date.