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leorios

is it normal for a divorce waiver to be denied??

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just curious...I applied for the divorce waiver...and I sent a lot of proof of bona fide marriage.

is it normal for divorce waiver to be denied??? we heard so many lies about it that I dont know what to trust!

 

 

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From what I've read (and I've looked into it pretty extensively), I would have to say no from my interpretation. Obviously with a divorce waiver, it's a lot more important for you to provide as much evidence as possible (speaking from personal experience and having just submitted a divorce waiver). But then the officer is also going to screen for irregularities, length of marriage, high fraud countries, age differences, cultural differences etc. 

 

Going off that basis, it'll greatly come down to how the petitioner presents their own unique case, and the decision of the USCIS agent in charge. Obviously if they're not convinced, and once again, going off what I've read and my personal interpretation, the agent must have noticed some very strong red flags or inconsistencies. And then it'll go into removal proceedings and in front of an immigration judge etc. 

 

Despite knowing it would be somewhat harder with a divorce waiver, I decided on that path because it was honest to me and the deterioration of my marriage, and I was confident enough to know how to present my case as to why my marriage was genuine etc.   

 

Hope that helps somewhat.

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Divorce is not a reason for denial.

 


CR1 / DCF (London): 2012 / 2013 (4.5 months from I-130 petition to visa in hand)

I-751 #1- May 2015 [Denied]

 

Early May 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. No opportunity given to review & refute allegations  - contrary to USCIS policy.

 

I-751 #2 - Oct 2017 [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 [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

 

I-751 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-290B - April 2021 [Withdrawn]

April 2021: I-290B motion to re-open ($675) filed 

 

I-751 #3 - June 2021 [Pending]

June 2021: I-751 #3 (27lbs of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... IT'S GROUNDHOG DAY

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.....

 

 

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10 hours ago, leorios said:

just curious...I applied for the divorce waiver...and I sent a lot of proof of bona fide marriage.

is it normal for divorce waiver to be denied??? we heard so many lies about it that I dont know what to trust!

 

 

I applied for divorce waiver and got approved in 11 months without interview and rfe. So don't worry

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
On 10/6/2020 at 8:30 AM, Ku Mưa said:

I applied for divorce waiver and got approved in 11 months without interview and rfe. So don't worry

Did u use a lawyer or u did it by yourself?

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