Divorce while I-751 pending

[tnbt72 0]

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 . 

[Georgia16 2,858]

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. 

[Lucky2Lucky 2,526]

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.

[Ku Mưa 29]

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

[Walbrzyszanka221 61]

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?

[G>^v 6]

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.

[Walbrzyszanka221 61]

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?

[G>^v 6]

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. 

[Walbrzyszanka221 61]

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. 

[G>^v 6]

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!

[Walbrzyszanka221 61]

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.

[Ku Mưa 29]

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

[annab864 55]

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.

[G>^v 6]

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.

[geowrian 22,335]

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.