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TonyMichael Contributor

TonyMichael   3

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Aside from the title, I have a few generous questions as well. 

 

1) How will divorcing while i751 is pending affect my status?  

I am married, but our marriage is failing due to my spouse's adultery. But the problem is, we live in california and the divorce will take at least 6 months to be finalized. But my GC will expire in 2 months, and I need to apply for i751. At this point, I cannot just divorce right away and apply alone, so I am thinking about applying it as a married couple for now, and later once the divorce is finalized, I am thinking about sending my divorce decree and a letter stating what has happened. 

Do you think this is a good idea? I know that if I submit the application alone as divorced, they will ask for the divorce decree, which I dont have and wont have for at least 6 months. 

So i ended up with this idea. 

 

2) how can I submit tax returns? As evidence of bone fide marriage, I am going to submit our joint tax return from the past 2, 3 years, but what tax return forms exactly are they expecting? Since tax return comes with lots of paper, I am not sure which one to submit. Or all of them?

 

3) how does Covod19 affect our case? Will it delay the process for a long time? 

 

Thanks for reading.

Edited by TonyMichael
Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

You should obtain your tax transcripts from the IRS- go to the website. COVID has significantly increased the wait time/processing times. No one can provide an estimate of how long it will delay things since there are so many factors that come into play. When you file for ROC you Should submit a divorceWaiver . https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-based-on-marriage

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Received: 6/20/15

 

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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

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Yes you can file jointly and then switch. Or you can file when your divorce is final - this is permitted for divorce waiver filings, but will come with added stresses and scary letters. 
 

You can order tax transcripts from the IRS.

 
Divorce is not a reason for I-751 denial.

 

Yes covid is delaying things..by how much, who knows? 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

TonyMichael Contributor

TonyMichael   3

Posted
Timeline
  • Author
Posted
59 minutes ago, Luckycuds said:

You should obtain your tax transcripts from the IRS- go to the website. COVID has significantly increased the wait time/processing times. No one can provide an estimate of how long it will delay things since there are so many factors that come into play. When you file for ROC you Should submit a divorceWaiver . https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-based-on-marriage

Thanks for your reply.

 

Do you mean I should apply for i751 with divorve waiver from the beginning? But I am still legally married and I haven't divorced my spouse yet. And it can take a while to make him sign the divorce paper. 

Before my conditional GC expires in 2 months, I dont think I will have divorced. 

Should i still apply with divorce waiver even before I submit divorce paper to court?

TonyMichael Contributor

TonyMichael   3

Posted
Timeline
  • Author
Posted
29 minutes ago, mindthegap said:

Yes you can file jointly and then switch. Or you can file when your divorce is final - this is permitted for divorce waiver filings, but will come with added stresses and scary letters. 
 

You can order tax transcripts from the IRS.

 
Divorce is not a reason for I-751 denial.

 

Yes covid is delaying things..by how much, who knows? 

Yeah since my GC will expire in 2 months, and I haven't even submitted divorve paper to the court, so the divorce process has not been started yet. 

But I dont wanna risk anything and get unnecessary stress from USCIS telling me I will be deported blah blah blah because I didnt file i751 on time...

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

It is not a risk, nor will you have your status terminated because of it - it is specifically permitted in the instructions

935387533_ScreenShot2020-04-14at19_59_50.jpg.6d7b26f9fa8a4c9585ad5d165a1a86f2.jpg

But filing jointly then switching at a later date is by far the easiest option in your circumstances

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
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
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

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.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

TonyMichael Contributor

TonyMichael   3

Posted
Timeline
  • Author
Posted

Thanks all for the advice!

I'll then submit application as married, with the evidence of bona fide marriage, and later I'll submit the divorce decree. 

 

Should I let them know, though, about me starting the divorce process? Since california takes 6 months for divorce to be finalized, I dont want USCIS to start preparing something for my case without knowing I'm actually in the process of divorcing. 

 

So before I receive the decree, should I send them a letter or something stating I have started divorce process and that it will take 6 months before I get a decree?

What else should I send with the letter in order to make changes to the current case?

 
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