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mjolnir

Worried about upcoming I751 with divorce waiver

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Hi all,

 

I'm usually reading from behind the scenes but this is the first time I post. I am due to apply for ROC in the future, however I anxious about it given that things have ended up in divorce. 

 

I moved here from Norway on a K1 visa and arrived in March 2019, got married in April 2019 it was just a small thing with myself and ex-spouse and then we filed for AOS which was approved in November 2019. I found a job in February 2020 and things were all good until then. The only positive is that despite the pandemic I still have my job, however the marriage did fall apart and my now ex filed for a dissolution in May 2020 which was granted in June 2020.

 

There is not really a huge backstory to it, we simply weren't working out and with both of us having to work from home it just added to the strain of things. I now have the decree and i'm aware I can file at any point in time and that I will need to file with a waiver and prove that the marriage was entered in good faith. Although this is the case, my concern is that the evidence wont be sufficient to that effect.

 

We did rent a house owned by her family, so we do have a lease agreement in both of our names. Despite I only started work in February I also know that we filed for taxes jointly. Besides that I have a couple of photos together that weren't filed as part of the K1 visa or AOS and mail that was sent to me to the address were we lived together which is the same one on the lease agreement and the AOS application, including letters for my car insurance and my car loan that I received in May before I moved out. I would also be able to provide a few affidavits, however due to the fact that things didn't end up the most amicably; these wouldn't be from my ex spouse or most immediate family but from friends and other more distant family members of her who would be willing to provide me with them. I also have proof that me and my ex spouse transferred money back and forth via Paypal for a number of months to settle my share of bills and finances.

 

However, despite the above evidence I have my concerns. Because we had to live on only one income for 9 months we never really had joint bank accounts, health insurance, life insurance or car insurance as we either couldn't financially afford to add a second person, or there wasn't much point to it because I I wasn't able to contribute financially. When I did get a job the only evidence that I have of co-mingling financially would be the joint tax return and Paypal transfers. I was part of a phone plan with her family for a few months but I don't have any mail for it and even if I do have other mail, none of it would be in joint names. Due to the whole situation with Covid-19, we weren't really able to make travel plans or get marriage counselling and i've lost the copies I had of text messages with her and communications.

 

So although I do have an amount of evidence I can use, I am also anxious that this is not going to be enough for USCIS. I have seen from other cases that they do usually send RFEs, mainly for further evidence and in a lot of cases they ask for further proof of joint finances or assets which in this case I wouldn't have. My feeling is that they seem to place a lot of importance on that side of things and that the burden of proof is on me to provide enough evidence that I did enter the marriage in good faith as opposed to them having to prove it was fraudulent, which is understandable.

 

I do definitely want to stay here and I know it is impossible to guarantee anything until I file the application and they review it. The main reason I wanted to post my story is anyone has been through something similar and has had good news, or just for some support or input. My anxiety has been getting the better of me and my concern is that after waiting for a year or two for them to adjudicate on my application, that I may end up getting denied or having to appear in front of an immigration judge.

 

Based on everything, am I overplaying my anxieties and fingers crossed this should be okay? Or is it likely that they will say that I have not provided enough bonafides about the good faith of the marriage?

 

 

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First of all: your divorce finalized in ONE month? the fastest I ever seen.

I've seen cases that had nothing in both name and was approved. You have the lease agreements,  car letters, insurance so dont worry you will be OK.

 

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