Jump to content

23 posts in this topic

Recommended Posts

Posted

Hi all,

 

My husband (USC) and I filed for ROC in February 2020. But with everything going on, pandemic and otherwise, we have decided that neither of us is happy and that we no longer see a future together. We both think a divorce is the right decision. Thankfully he is willing to be cooperative through the ROC process.

 

My questions: Will there be significant complications to our pending I-751 if we choose to get divorced before the case is decided on? I have heard from this forum of the divorce waiver, but it wouldn't apply here since he is not at all abusive? Would it make any difference to try to wait at least a full year from filing date (until Feb 2021) to see if a decision is made or if we need an interview? He is willing to come to the interview if there is one.

 

My case is currently pending at the Potomac Service Center (YSC). Last update was biometrics taken on May 14 . 

Filed: Citizen (apr) Country: Denmark
Timeline
Posted
1 minute ago, tnbt72 said:

Hi all,

 

My husband (USC) and I filed for ROC in February 2020. But with everything going on, pandemic and otherwise, we have decided that neither of us is happy and that we no longer see a future together. We both think a divorce is the right decision. Thankfully he is willing to be cooperative through the ROC process.

 

My questions: Will there be significant complications to our pending I-751 if we choose to get divorced before the case is decided on? I have heard from this forum of the divorce waiver, but it wouldn't apply here since he is not at all abusive? Would it make any difference to try to wait at least a full year from filing date (until Feb 2021) to see if a decision is made or if we need an interview? He is willing to come to the interview if there is one.

 

My case is currently pending at the Potomac Service Center (YSC). Last update was biometrics taken on May 14 . 

No just get divorce if that's what you guys wish fore and then when you have the decree you sent it to them with explanation that you want to switch to a divorce waiver. 

 

 

 

 

Filed: Citizen (apr) Country: Haiti
Timeline
Posted

You are misinformed; a divorce waiver is not for abuse. It’s for those who’ve divorced... file for divorce and then submit the waiver.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Posted
1 hour ago, tnbt72 said:

Hi all,

 

My husband (USC) and I filed for ROC in February 2020. But with everything going on, pandemic and otherwise, we have decided that neither of us is happy and that we no longer see a future together. We both think a divorce is the right decision. Thankfully he is willing to be cooperative through the ROC process.

 

My questions: Will there be significant complications to our pending I-751 if we choose to get divorced before the case is decided on? I have heard from this forum of the divorce waiver, but it wouldn't apply here since he is not at all abusive? Would it make any difference to try to wait at least a full year from filing date (until Feb 2021) to see if a decision is made or if we need an interview? He is willing to come to the interview if there is one.

 

My case is currently pending at the Potomac Service Center (YSC). Last update was biometrics taken on May 14 . 

You can switch to waiver applications by sending them a letter. When you have divorce decrees you can keep it until they send you REF then they send that paper to them

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Hi all, I can't seem to get my question answered but I have a pending I-751 that I filed jointly with my husband in September 2019. February 2020, we separated and I filed for divorce. Yesterday just found out the hearing court date. I am planning to hire an immigration lawyer and send the divorce waiver with the divorce decree. Will I need to send marital evidence all over again for the entirety of the marriage?

9/4/2019 - Packet was sent
9/6/2019 - Packet was received by USCIS in Phoenix, Arizona
9/11/2019 - Personal Check was deposited/cashed by USCIS
9/11/2019 - Received text message with my LIN case #
9/14/2019 - Received Receipt and Extension
1/10/2020 (Day 126) - Received Biometrics Letter
1/23/2020 (Day 139) - Biometrics Completed

2/8/2020  - Separated from Husband

8/11/2020 - Divorce was Finalized

9/10/2020 - New Card is Being Produced

9/14/2020 - New Card was Mailed

9/15/2020 - Post Office Picked Up the Card

9/16/2020 - Card Delivered

8/21/2022 - N-400 Form was Submitted and Case is Being Actively Reviewed

10/21/2022 - Interview scheduled

12/1/2022 - Interview and approved

12/1/2022 - Oath Ceremony Will Be Scheduled (30-45 days)

Posted
1 hour ago, Walbrzyszanka221 said:

Hi all, I can't seem to get my question answered but I have a pending I-751 that I filed jointly with my husband in September 2019. February 2020, we separated and I filed for divorce. Yesterday just found out the hearing court date. I am planning to hire an immigration lawyer and send the divorce waiver with the divorce decree. Will I need to send marital evidence all over again for the entirety of the marriage?

No. I also did my waiver (while my I751 was pending) with a lawyer, and no additional evidence was needed. Just the divorce decree, a letter and the waiver form.

Filed: Citizen (apr) Country: Poland
Timeline
Posted
1 minute ago, G>^v said:

No. I also did my waiver (while my I751 was pending) with a lawyer, and no additional evidence was needed. Just the divorce decree, a letter and the waiver form.

Do you think having a lawyer help you through this process was beneficial? Did you get your 10 year green card or where are you in the process?

9/4/2019 - Packet was sent
9/6/2019 - Packet was received by USCIS in Phoenix, Arizona
9/11/2019 - Personal Check was deposited/cashed by USCIS
9/11/2019 - Received text message with my LIN case #
9/14/2019 - Received Receipt and Extension
1/10/2020 (Day 126) - Received Biometrics Letter
1/23/2020 (Day 139) - Biometrics Completed

2/8/2020  - Separated from Husband

8/11/2020 - Divorce was Finalized

9/10/2020 - New Card is Being Produced

9/14/2020 - New Card was Mailed

9/15/2020 - Post Office Picked Up the Card

9/16/2020 - Card Delivered

8/21/2022 - N-400 Form was Submitted and Case is Being Actively Reviewed

10/21/2022 - Interview scheduled

12/1/2022 - Interview and approved

12/1/2022 - Oath Ceremony Will Be Scheduled (30-45 days)

Posted
1 minute ago, Walbrzyszanka221 said:

Do you think having a lawyer help you through this process was beneficial? Did you get your 10 year green card or where are you in the process?

Still in the process. I filled 12months ago and my case is in Potomac. I honestly couldn’t have done without a lawyer as I’m not the best with paperwork stuff. He has been my lawyer since 2016 when I apply for my conditional greencard, It’s expensive but it gives me peace of mind. If I had to do it again, I would still hire a lawyer. I do know people that where successful without one, in the end it comes to God’s will and how good you case looks to the Immigration officer. 

Filed: Citizen (apr) Country: Poland
Timeline
Posted
8 minutes ago, G>^v said:

Still in the process. I filled 12months ago and my case is in Potomac. I honestly couldn’t have done without a lawyer as I’m not the best with paperwork stuff. He has been my lawyer since 2016 when I apply for my conditional greencard, It’s expensive but it gives me peace of mind. If I had to do it again, I would still hire a lawyer. I do know people that where successful without one, in the end it comes to God’s will and how good you case looks to the Immigration officer. 

Got it. Thank you for your input. I am reaching my 11 months and the status still shows "Case Was Received" even though I did my biometrics in January. 

9/4/2019 - Packet was sent
9/6/2019 - Packet was received by USCIS in Phoenix, Arizona
9/11/2019 - Personal Check was deposited/cashed by USCIS
9/11/2019 - Received text message with my LIN case #
9/14/2019 - Received Receipt and Extension
1/10/2020 (Day 126) - Received Biometrics Letter
1/23/2020 (Day 139) - Biometrics Completed

2/8/2020  - Separated from Husband

8/11/2020 - Divorce was Finalized

9/10/2020 - New Card is Being Produced

9/14/2020 - New Card was Mailed

9/15/2020 - Post Office Picked Up the Card

9/16/2020 - Card Delivered

8/21/2022 - N-400 Form was Submitted and Case is Being Actively Reviewed

10/21/2022 - Interview scheduled

12/1/2022 - Interview and approved

12/1/2022 - Oath Ceremony Will Be Scheduled (30-45 days)

Posted
2 minutes ago, Walbrzyszanka221 said:

Got it. Thank you for your input. I am reaching my 11 months and the status still shows "Case Was Received" even though I did my biometrics in January. 

I did my biometrics in October and right after it showed “applied to your case.” The lawyer sent my waiver in June and within a week my status changed to “correspondence received and USCIS is reviewing.” The possible furloughs and COVID don’t help us and is very discouraging at times. All we can do is pray and wait. I hope you hear good news soon!

Filed: Citizen (apr) Country: Poland
Timeline
Posted
1 minute ago, G>^v said:

I did my biometrics in October and right after it showed “applied to your case.” The lawyer sent my waiver in June and within a week my status changed to “correspondence received and USCIS is reviewing.” The possible furloughs and COVID don’t help us and is very discouraging at times. All we can do is pray and wait. I hope you hear good news soon!

Thank you, you as well.

9/4/2019 - Packet was sent
9/6/2019 - Packet was received by USCIS in Phoenix, Arizona
9/11/2019 - Personal Check was deposited/cashed by USCIS
9/11/2019 - Received text message with my LIN case #
9/14/2019 - Received Receipt and Extension
1/10/2020 (Day 126) - Received Biometrics Letter
1/23/2020 (Day 139) - Biometrics Completed

2/8/2020  - Separated from Husband

8/11/2020 - Divorce was Finalized

9/10/2020 - New Card is Being Produced

9/14/2020 - New Card was Mailed

9/15/2020 - Post Office Picked Up the Card

9/16/2020 - Card Delivered

8/21/2022 - N-400 Form was Submitted and Case is Being Actively Reviewed

10/21/2022 - Interview scheduled

12/1/2022 - Interview and approved

12/1/2022 - Oath Ceremony Will Be Scheduled (30-45 days)

Posted
8 minutes ago, Walbrzyszanka221 said:

Got it. Thank you for your input. I am reaching my 11 months and the status still shows "Case Was Received" even though I did my biometrics in January. 

Check on this site: https://egov.uscis.gov/casestatus/landing.do

Posted
2 hours ago, G>^v said:

No. I also did my waiver (while my I751 was pending) with a lawyer, and no additional evidence was needed. Just the divorce decree, a letter and the waiver form.

May i ask about the waiver form, do we find it on USCIS website or is it something your lawyer came up with on his own? I figured when you switch to divorce waiver you send out the divorce decree and the letter explaining the circumstances and asking to switch your application to a waiver, is that correct? I wonder if we need anything else besides the decree and the letter as i decided to proceed without a lawyer this time. My case is also at Potomac, filed September 2019.

Posted
17 minutes ago, annab864 said:

May i ask about the waiver form, do we find it on USCIS website or is it something your lawyer came up with on his own? I figured when you switch to divorce waiver you send out the divorce decree and the letter explaining the circumstances and asking to switch your application to a waiver, is that correct? I wonder if we need anything else besides the decree and the letter as i decided to proceed without a lawyer this time. My case is also at Potomac, filed September 2019.

I believe the form is found in the website, my lawyer just sent me one page through email so I could sign (everything was done through email because of Covid) the form I signed was called “G-28”, so maybe search for that. This document, divorce decree and a letter was all the lawyer told me he was going to send to Potomac. I hope it helps.

Posted
26 minutes ago, annab864 said:

May i ask about the waiver form, do we find it on USCIS website or is it something your lawyer came up with on his own? I figured when you switch to divorce waiver you send out the divorce decree and the letter explaining the circumstances and asking to switch your application to a waiver, is that correct? I wonder if we need anything else besides the decree and the letter as i decided to proceed without a lawyer this time. My case is also at Potomac, filed September 2019.

4 minutes ago, G>^v said:

I believe the form is found in the website, my lawyer just sent me one page through email so I could sign (everything was done through email because of Covid) the form I signed was called “G-28”, so maybe search for that. This document, divorce decree and a letter was all the lawyer told me he was going to send to Potomac. I hope it helps.

The waiver is a checkbox on the I-751 + the final divorce decree. If already filed, the letter should just be sent to USCIS requested the change on the I-751.

 

The G-28 is the form to declare an attorney for your case.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...