I-751 ROC--- Questions on presentation/content details

[Nitas_man 3,100]

36 minutes ago, InhaleExhale said:

That sounds terrifying. What is your suggestion in this case? If I start divorce proceedings now I may only get the decree in 7 months from now - at the earliest that is...possibly much much later. USCIS will want the decree within 87 days after they send their RFE. I will definitely not have it by then. They may deny the case and send me a NTA. 

Setting the emotional part aside, how would it still make sense to start the divorce now, at this point in time? 

Correct.  When does your GC expire exactly, what is your latest filing date?

 

[InhaleExhale 28]

51 minutes ago, Nitas_man said:

Correct.  When does your GC expire exactly, what is your latest filing date?

 

I literally have a month left. I need to send the package off within the next couple weeks. 

[Nitas_man 3,100]

30 minutes ago, InhaleExhale said:

I literally have a month left. I need to send the package off within the next couple weeks. 

Have you received your attachment letter from him?  Has he signed off on everything?

Edited April 19, 2021 by Nitas_man

[InhaleExhale 28]

4 minutes ago, Nitas_man said:

Have you received your attachment letter from him?  Has he signed everything off?

I have received the letter but he has not signed it yet as I still have to print it. 

[mindthegap 2,543]

57 minutes ago, InhaleExhale said:

I literally have a month left. I need to send the package off within the next couple weeks. 

Correct if filing jointly, yes.

However, iff you are filing with a divorce waiver you can file at any time - it does not have to be within the 90 day window. It can be before, or after that window.

See the instructions:

 

 

You can also update a joint filing to a divorce waiver at a later date when divorce is final.

This gives you a few more options to consider. 

 

 

Edited April 19, 2021 by mindthegap

[Villanelle 4,121]

Ok so sorting through what has been posted-

 

First- attempting to give someone a timeline of what to expect when filing with a divorce waiver depends on various factors specific to their case. In your previous thread I went over some scenarios specific to you. I wont repeat everything there (go back and re-read) but you seem to have the misconception that you are going to be required to submit the divorce decree in 87 days from when you file and that is not true. The important things to understand:

You would file before the window closes (which your window seems to be Feb-Mar-Apr, so it seems you need to make some kind of a decision now since you need to file very soon). You can either file as joint (and then later amend it to waiver or remain as joint) or file as waiver right now. If you file as a waiver right now you would check it off as divorce waiver even though you arent divorced nor have you filed papers for divorce. You then need to start the divorce process asap. Your package will be sent to the lockbox/mailroom where they will open it and check it for basic things like you signed it and included payment. They do NOT look at any of your evidence. They do not look for the divorce decree. Your case will then sit and wait for an Officer to get to it. This typically takes many months. When the Officer does look at it they will see you did not send the divorce decree. They will then RFE you for it. You have 87 days to send it back. If you dont have it by then (which you may or may not depending on how long they take to look at your case/how long the divorce takes- but 7 months sounds reasonable for you to have it. A conservative timeline would be you send in your package and apx wait 6 months (min) 9 months (average) 12+months (extended wait) for the RFE asking for the decree. You then add 87 days making it apx 9 /12/15 months respectively before the decree needs to be in your hands. It seems very likely you can file as a waiver now and obtain the final decree before the RFE deadline. 

 

Now if you dont have your divorce decree by the RFE deadline it is OK. You simply respond stating such to the RFE. You then will be placed in the queue for an interview to be scheduled. You may wait in the queue for an interview slot for many months. The min time they give you when issuing an interview is 20-30 day advance notice but I would be shocked if you were given a slot so quickly. Keep in mind COVID has caused significant delays and there is a backlog of cases and interviews they are trying to get through. On average people have historically waited 2-4 months for interview slots. Currently people are waiting 1-2 YEARS in some places. A quick search shows Fresno is not one of the offices with an extended delay. It seems they are one of the faster offices and that USCIS was actually sending some of the cases from other offices there to help with processing overall. Things are always changing with USCIS and they often shuffle things around so whats 'current' right now may not be how it is when they get to you. So even looking at the min amount of processing time I do believe if you file as a waiver and promptly file for a divorce you will in fact have your decree in time to respond to the RFE- if not then most likely you will have it for the interview.

 

Worst case you dont have it for the interview- you can attempt to reschedule the interview (if its a matter of days/weeks for the decree to be issued). Or you attend the interview and they interview you and hold your case in a 'decision can not be made' status and give you an RFE for the decree which would give you an additional 87 days after the interview to present it. Super worst case you still dont have it. Again this is OK. You dont lose status. Your case would be denied by USCIS . Now thats a soft denial- meaning you dont lose status, its just USCIS can not approve you w/o the decree and they can not hold your file waiting for it. So they have to mark it as denied in their system and send the case to the court. You then bring the decree to the court. If you dont have it by the first court date you tell them that and they will give you all the time you need to obtain it from the family court. 

 

The general goal is to try to avoid having to go to court and file things in a way where you will have your final decree either in time for the RFE response or at the interview at the latest. But if you have to go to court then you have to go. Its OK. Many people need to do this. Its not a big deal, its just an extra expense and time (and stress). 

 

But please understand they are not going to send you the RFE asking for the decree and then a NTA when you dont. The process is described in the memo which is very wordy and can be confusing to read. Its basically RFE-interview-court. So in order to stretch the process to give you the max amount of time possible you would send you package close to the window closing rather then right when it opens. (make sure you file before the expiration date! Mail with a tracking number allowing a few days for postal delays/weekends). You can not control how long it will take them to look at your package and get the RFE but you can look at recent filers timelines or the monthly filers threads to get an idea of how long people are waiting presently. Once you get the RFE if you dont have the decree- again you wait until the RFE window is near closing to send your response back- again mailing it with a tracking number allowing a few days-1 week for postal delays, so probably mail it on day 77-80 of 87 as an overnight that way if it is unexpectedly lost you have time to resend it on day 81-82.  You then wait for them to process your RFE response. They say to give them a min of 30 days to actually get your response from the mailroom back into your case file and then an additional 30-60 days for the Officer to review your response and resume working on your case. So it can take 30-90 days from the time they get your response for the next step. The next step is the Officer will set you for an interview because as the memo explains they do not have enough info in your case to move forward with a denial or approval so they interview you to gather the information needed to approve or deny the case. You would be entered in to the system queue to wait for the interview slot at that point.

 

Ugh. I know I said I wasnt going to repeat everything and I kind of did! It just seems you are reluctant to file as a waiver because you are scared you wont have the decree in time. This is not a valid concern. USCIS understands that some family courts take a long time to issue a divorce decree. In some conservative areas you are required to have a min 1 or even 2 year separation before a divorce is granted! (crazy right?) So USCIS has various policies in place to account for this. Those people are not just 'out of luck' because their divorce takes an extended period of time. Its always best to live your life as you choose and trust the fact that USCIS has a special but perhaps 'less used path' for you based on your circumstances rather then trying to live your life in a way where you can stay on the 'common path' most use. 

 

So if your hesitation to send a divorce waiver package is because you are afraid you wont have the decree in time- please understand that is not a valid concern. There is a process in place for these scenarios. There are many users here who can and will walk you through things as they occur in that scenario. You are not the first who is in this situation and you wont be the last. Most importantly you are not alone. VJ is a tremendous resource where you can find support and advice and answers to your questions or reassurances of your doubts. 

 

Im not sure though if your reluctance to file a divorce is 100% because of the fear of not having the decree in time. I suspect you are using that as an excuse to not file for divorce and I understand filing for divorce is hard. Just dont confuse the reasons why you are not filing- otherwise you are going to get responses like I gave you- explaining why you are incorrect in thinking there is no time to file so you are better off filing joint. 

 

In some cases filing joint (even though you are separated) is a good option. For your situation I do not think it is and I can break down why. Filing joint is a good option when a couple breaks up amicably. They are 100% on the same page. They are still on good terms. They have a deep friendship still and respect each other. The spouse is fully prepared to attend an interview and support the 751 petition. They are prepared to answer tough questions and have no desire to 'throw you under the bus'. They are firm in their belief that the relationship was legitimate and will not be baited by the Officer to say otherwise. 

 

From what youve posted none of that seems to be the case. You have described an incident/incidents of verbal abuse. His statement does not exactly line up with yours. You are living separately and both seem to be moving forward in your lives independently.  You are unsure if he would even appear at the interview and if he does you do not have 100% confidence in what he would say in it. All of these are huge reasons on their own to NOT file jointly with him. 

 

I also wonder why he is not moving forward with a divorce? Sometimes people will try to delay a divorce attempting to cause problems for the spouse who needs to file for ROC. Other times its more malicious where they pretend to be on board just to appear in the interview to sabotage you. Now you may say oh no thats not him but are you sure? He clearly is not the person you thought he was or else you wouldnt be separated...Time also changes things. What happens if in the 1-2 years you most likely will be waiting for your ROC to process he gets a new girlfriend? What if you get a new boyfriend? Will your relationship with him still be the same? Will he still be supportive? Because if things do change and you need to switch from joint to a waiver you most likely wont have the decree and will end up in court. Are you prepared to gamble on him? Just from what you said about things I wouldnt. You said you believed you guys were working on the relationship up until fall of 2020 where he is saying he checked out Feb 2020. So that means between Feb and the fall you were on one page and he was on another. You had no idea right? So what makes you so sure he is on the same page with you again? Clearly you guys can be on two different pages and he is either not being honest about it or you are in denial. 

 

Now if you are insistent on sending a joint package please be aware that at any time you can switch to a waiver. Also at any time he can choose to remove himself from the joint petition. If either occurs it will dramatically change the approximated timeline described above (most likely accelerating it in needing the decree). So by filing with a waiver now you ensure you get the max time possible rather then thinking you have a plan that is ripped out from under you leaving you to pick up the pieces. Because your marriage is clearly over the smart thing to do is file with a waiver now so YOU CONTROL things the most you can. There are also various bits of policy that benefit you from filing with a waiver- like the fact that with a waiver they can not speak to him, they wont want to hear anything he has to say if he attempts to contact them. Its related to confidentially rules. Now if you submit a statement from him in your waiver package then you are opening the door for them to speak to him to confirm what he wrote. He can send a supportive letter in your package and then later recant it. So you need to think long and hard if you should open a door allowing him to have a say in your ROC or not. Its usually better to NOT open that door. With a joint petition you both have an open door and you can attempt to later close the door on him but anything he said while the door was open will be in the file and looked at. If he decides to storm out slamming the door behind him you will be left with the damage he caused on his way out. 

 

As for the general questions you asked- I agree with mindthegap about not including that particular policy wording. Sometimes when people quote policy like that it can appear they did a bit too much research. Officers generally do not like being told how to do their job or what the policy is. When being stopped by a cop in a traffic stop its never a good idea to start quoting them statutes or suggest what statutes they should be considering when writing you a ticket or not.  The best approach with USCIS is to understand what is required/what you need to establish and simply present it to them. Later if there are any issues about how they interpreted your evidence or applied case law you deal with it. You dont lay out the specific case law upfront and explain why you qualify if that makes sense because again most Officers are not going to respond well to you telling them how to do their job. With that said though there can be times when you need to reference specific case law in your package- so if you are going to file jointly you can include the memo that says how they can approve you as joint even though you are separated. (you know which one). Just dont make a big deal about it or refer to specific parts of it. Just a general mention of it being included for reference. So basically in your cover letter explain how you are separated but filing jointly because you are still legally married and able to file jointly and be approved as such as per the memo dated/titled XXX attached for reference. 

 

For your other evidences- pictures need to be labeled with date/time/location/names of people in it/general explanation of what they are looking at even if it seems obvious it is you guys in front of the statue of liberty. You can print out several pictures per sheet of paper and write underneath them. Make sure to include your A# and name on every piece of paper you send- that means photos, bills, letters, etc. It is very easy for things to get misplaced. You can also number every page in your package using the page 1 of 200, page 2 of 200 style so again nothing will be overlooked. 

 

Often ROC packages are very large. You want to send at a min all your tax returns. You want to send bank statements and bills. Some people only send a few and its ok, others are given RFEs for not sending it all. Personally I would send it all. That means every statement from marriage date to present. Yes, its a lot of paper. 2-3 years of monthly statements for various accounts and bills can be quite a stack but thats ok. They will be ok with getting a stack of whats best described as 'hard' evidences - meaning financial type documents... Now as for personal evidence like photos/texts/social media-- well thats harder to determine how much is enough and how much is too much. Your affidavit in general should be around 2-6 pages ideally. Anything longer and no one really wants to read so much honestly and thats saying a lot coming from me who tends to write at length! lol. Here is a link to a post I wrote not so long ago that may be of help to you-  https://www.visajourney.com/forums/topic/758354-for-i751-affidavit-of-support/?do=findComment&comment=10401964 It explains (specific to that user) how to draft a ROC affidavit and how to tie in personal type evidences when you dont have much. It also lists out the 4 things you want to show for ROC (-1) lived together, 2) shared financial responsibilities 3) shared life experiences 4) planned for the future together) So perhaps read through that and re- evaluate what you have making sure you touched on all of it evenly and that you highlight what needs to be highlighted or explained based on your specifics. 30 pages of bank statements are useless if its not clear what they are showing...(also dont use highlighters literally as explained they dont scan)

 

The bottom line is USCIS does not care if you had a happy marriage- they care if the marriage was legit (not entered for benefits). They want to see that you entered the marriage in good faith- meaning you need to show that you tried but it just didnt work out. That you did things during the marriage with the intentions of staying together- that it wasnt simply lets sign this marriage certificate so you can get a GC and create enough financial based paperwork to get approved. You do not need to show every single moment of the breakdown- just enough to establish what happened. 

 

[Nitas_man 3,100]

48 minutes ago, InhaleExhale said:

I have received the letter but he has not signed it yet as I still have to print it. 

Ok I’m adding to what has already been said.  Wish I’d seen this a year ago.

 

It is never, ever advised to bring in a potentially hurt spouse or former spouse or future former spouse into an ROC case. This?  Already looks like something’s up.  This package is 2 weeks from being due.  It’s unsigned and incomplete.  It’s a joint filing package you put together that he does not have to cooperate at all with.  If I were planning to sabotage an ROC?  I’d do it exactly like this, get in the room with you, smoke your case in front of an IO, and at a minimum make you start over.  He has no say, none, in a waiver but wow what an opportunity to tornado you where it really can hurt.

 

It’s a short marriage, looks like problems started in the first year, he can say anything he likes about how things went south, including accusing you of deliberately sabotaging it, because you opened the door to it and invited him to step in.  He can make it LOOK like anything he wants.  You have no idea what HE may carry in and that’s risky.
 

You are advised not to do it like this.  As hard as it may seem, you’re a year or so late in moving on with your lives, filing divorce, and filing your own ROC.  They’re not going to throw you out over a marriage that didn’t work out but if he manages to pull off an argument that makes it look like you stuck around for a few months then moved out on your own you’re in a gray area.

 

Just my two cents.  I wouldn’t want a former spouse who I have on the hook with a support affidavit anywhere near that interview room and there is no, zero way this one isn’t going to interview.  

[InhaleExhale 28]

!  Villanelle  !

I cannot put into words to express my gratitude for you taking the time to share such detailed information ❤️ I so appreciate it, thank you so much!!!

 

I did also re-read your comments in my thread of last summer.

 

I did understand your info that I can expect (if I do file with a divorce waiver now OR switch to it later on):

They will RFE me for the decree, if I can't send it back with the 87 days, they will schedule me for an interview. If I don't have the decree by the time of interview then provide an additional time for me to send it to them. 

 

I guess that older memo of 2009 has since changed OR I am misreading it... ( https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf )?

Because what's interesting is that it includes different protocols for JOINT vs. WAIVER petitions on what to do after RFE for decree was issued but no decree was produced.

Where is allows for an interview with a jointly filed petition while the couple is not l

 

It states regarding WAIVER REQUEST petitions:

 

 

--> here it defines 'establishing eligibility for a waiver' = sending a copy of the divorce decree.

It the states "If the CPR's response does not establish eligibility for the waiver, the ISO DENIES"...= if the CPR doesn't send the decree the petition will be denied.

 

---------------------------------------

 

Now opposed to that it states regarding JOINTLY FILED petitions:

 

 

 

--> here it is indeed giving the option of an interview.

 

 

You did, however mention this:

On 4/19/2021 at 10:14 AM, Villanelle said:

But please understand they are not going to send you the RFE asking for the decree and then a NTA when you dont. The process is described in the memo which is very wordy and can be confusing to read. Its basically RFE-interview-court.

Is that a different memo than the one above?

 

On 4/19/2021 at 10:14 AM, Villanelle said:

It just seems you are reluctant to file as a waiver because you are scared you wont have the decree in time. This is not a valid concern

That is very good to hear, thank you

Though I am only familiar with the memo I quoted above and it reads as if only the jointly filed petition (but in divorce proceedings) give the interview option in this case...

I would love to understand - if THAT memo is the memo you are referring to - where did I not see the interview option for the Waiver petitions?

 

Other than that I did read the older referenced memo of 2005 ( https://www.uscis.gov/sites/default/files/document/memos/crintwaivr062405.pdf ) though I don't find it applicable to the topic of what happens when decree is not sent by due date of RFE in a waiver petition. 

 

-------------------------------

 

Now, as far as I understand the newer memo of 2018 ( https://www.uscis.gov/sites/default/files/document/memos/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf ), it states that any I-751 petition (joint or waiver) can be approved without interview if:

 

Since you said that if I filed jointly there would be almost 100% chance for an interview...is this based on your experience on 'jointly filed, married but separated couples-cases' BEFORE the issuance of that specific memo or also AFTER?

If also AFTER, what could cause an interview in a case with sufficient evidence for the couple entering into marriage in good faith..(like sharing of financials, taxes, purchasing a house, living together, travelling to meet the CPR's family etc.. and marriage therapy...)?

 

 

 

On 4/19/2021 at 10:14 AM, Villanelle said:

Im not sure though if your reluctance to file a divorce is 100% because of the fear of not having the decree in time. I suspect you are using that as an excuse to not file for divorce and I understand filing for divorce is hard.

Yes, a big part here is indeed me being reluctant bc of just fear of the pain. I remember your words from last summer to "rip off the band aid" and I cannot argue against that, of course you are correct in saying this. I'm usually not such a coward lol

 

 

 

On 4/19/2021 at 10:14 AM, Villanelle said:

Filing joint is a good option when a couple breaks up amicably. They are 100% on the same page. They are still on good terms. They have a deep friendship still and respect each other. The spouse is fully prepared to attend an interview and support the 751 petition. They are prepared to answer tough questions and have no desire to 'throw you under the bus'. They are firm in their belief that the relationship was legitimate and will not be baited by the Officer to say otherwise. 

 

From what youve posted none of that seems to be the case. You have described an incident/incidents of verbal abuse. His statement does not exactly line up with yours. You are living separately and both seem to be moving forward in your lives independently.  You are unsure if he would even appear at the interview and if he does you do not have 100% confidence in what he would say in it. All of these are huge reasons on their own to NOT file jointly with him. 

Well, not all but some of that is the case...

 

This: "They are firm in their belief that the relationship was legitimate and will not be baited by the Officer to say otherwise".

My husband even stated so in his attestation of our marriage that we did plan a life together and he has no doubt I felt the same about establishing a future together with him.

 

The statement that doesn't line up with mine is that I stated that he was open to pursuing a reconciliation up until summer/fall last year, whereas he states that he was done in Feb when he broke up.

Other than that everything else lines up (apart from the 1 verbal abuse incident which he would deny if I would bring it up).

 

Everything else, like will he appear for an interview no one can say for 100% (I would guess he would to 97% but who knows :/) , I would definitely stress about that since it takes him several days to even reply to a text/email and I constantly have to follow up with him..on the other hand, I doubt he wants to be confronted with me after not attending the interview which he knows how important that would be.

 

But yeah, you make some good points and we definitely do NOT have a friendship and I don't trust him like a good friend.

Hmm...

 

 

 

On 4/19/2021 at 10:14 AM, Villanelle said:

I also wonder why he is not moving forward with a divorce? Sometimes people will try to delay a divorce attempting to cause problems for the spouse who needs to file for ROC. Other times its more malicious where they pretend to be on board just to appear in the interview to sabotage you. Now you may say oh no thats not him but are you sure? He clearly is not the person you thought he was or else you wouldnt be separated...Time also changes things. What happens if in the 1-2 years you most likely will be waiting for your ROC to process he gets a new girlfriend? What if you get a new boyfriend? Will your relationship with him still be the same? Will he still be supportive? Because if things do change and you need to switch from joint to a waiver you most likely wont have the decree and will end up in court. Are you prepared to gamble on him? Just from what you said about things I wouldnt. You said you believed you guys were working on the relationship up until fall of 2020 where he is saying he checked out Feb 2020. So that means between Feb and the fall you were on one page and he was on another. You had no idea right? So what makes you so sure he is on the same page with you again? Clearly you guys can be on two different pages and he is either not being honest about it or you are in denial. 

 

Such good points. So true that he turned out to not be the man I thought I married.

Your points are so good that I want to take some time and ponder them ❤️ 

 

On 4/19/2021 at 10:14 AM, Villanelle said:

Now if you submit a statement from him in your waiver package then you are opening the door for them to speak to him to confirm what he wrote. He can send a supportive letter in your package and then later recant it.

- Can he recant it even if he signs his own statement under penalty of perjury?

- Would any email from him that I add also open the door for USCIS to possibly contact him?

 

Thank you for the linking to the affidavit thread!!!

 

 

 

 

On 4/19/2021 at 10:14 AM, Villanelle said:

30 pages of bank statements are useless if its not clear what they are showing...

 

I don't understand - do the transactions need to be annotated to explain what they all were for? (we have shared bank account statements for the span of 2.75 years)

 

 

 

Again, THANK YOU for taking so much of your time and your last reply.

This is so valuable!

 

(this reply took me 4 hours. lol, bc mostly of reading through the policies :D) 

 

 

 

[InhaleExhale 28]

On 4/19/2021 at 10:02 AM, mindthegap said:

Correct if filing jointly, yes.

However, iff you are filing with a divorce waiver you can file at any time - it does not have to be within the 90 day window. It can be before, or after that window.

See the instructions:

 

 

You can also update a joint filing to a divorce waiver at a later date when divorce is final.

This gives you a few more options to consider. 

 

 

 At any time with divorce waiver?

It doesn't say this in your screenshot.

It does say you can file without the spouse if you are divorced (=you are only divorced if you are not legally married, so to be precise this doesn't even apply to anyone who is still in divorce proceedings or who is merely separated and hasn't even started filing for divorce yet). And it does not say you can file after the 90 days, granted it also doesn't say you have to file within the 90 days.

Maybe just bad wording on whoever wrote the instructions...

 

 

 

Edited April 21, 2021 by InhaleExhale

[InhaleExhale 28]

On 4/19/2021 at 10:38 AM, Nitas_man said:

Ok I’m adding to what has already been said.  Wish I’d seen this a year ago.

 

It is never, ever advised to bring in a potentially hurt spouse or former spouse or future former spouse into an ROC case. This?  Already looks like something’s up.  This package is 2 weeks from being due.  It’s unsigned and incomplete.  It’s a joint filing package you put together that he does not have to cooperate at all with.  If I were planning to sabotage an ROC?  I’d do it exactly like this, get in the room with you, smoke your case in front of an IO, and at a minimum make you start over.  He has no say, none, in a waiver but wow what an opportunity to tornado you where it really can hurt.

 

It’s a short marriage, looks like problems started in the first year, he can say anything he likes about how things went south, including accusing you of deliberately sabotaging it, because you opened the door to it and invited him to step in.  He can make it LOOK like anything he wants.  You have no idea what HE may carry in and that’s risky.
 

You are advised not to do it like this.  As hard as it may seem, you’re a year or so late in moving on with your lives, filing divorce, and filing your own ROC.  They’re not going to throw you out over a marriage that didn’t work out but if he manages to pull off an argument that makes it look like you stuck around for a few months then moved out on your own you’re in a gray area.

 

Just my two cents.  I wouldn’t want a former spouse who I have on the hook with a support affidavit anywhere near that interview room and there is no, zero way this one isn’t going to interview.  

Thank you for your input. You have good points there.

[mindthegap 2,543]

30 minutes ago, InhaleExhale said:

 At any time with divorce waiver?

It doesn't say this in your screenshot.

It does say you can file without the spouse if you are divorced (=you are only divorced if you are not legally married, so to be precise this doesn't even apply to anyone who is still in divorce proceedings or who is merely separated and hasn't even started filing for divorce yet).

That’s what a divorce waiver is. If you file under that basis with that box checked and without the divorce decree you get an RFE for it, as stated previously. It can’t be approved without the divorce being final, but it can be filed before it is. 

 

30 minutes ago, InhaleExhale said:

  And it does not say you can file after the 90 days, granted it also doesn't say you have to file within the 90 days.

 
It says it can be filed at any time from gaining permanent residence - ie, the date your 2yr GC is approved - to when you are removed from the United States - ie, a final order of removal by an immigration judge, which is the point you are no longer a permanent resident. 
So yeah, it’s fairly explicit that it can be filed before, during or after the 90 day period at ANY time, which is what I was saying - you don’t necessarily have to rush to meet the 90 day window which is what you were alluding to, as you have the option available to you to file for divorce and file it  then. 

 

 

But hey man, I’m only trying to help you. I’ve only filed three of these f***ing things spanning over half a decade so what the hell do I know? 
 

 

30 minutes ago, InhaleExhale said:

Can he recant it even if he signs his own statement under penalty of perjury?

 Would any email from him that I add also open the door for USCIS to possibly contact him?

 

Yes, and yes.
 @Villanelle has been here a long time and knows an incredible amount of stuff,  as do I at this point. 
Have you read my timeline for what can go very very wrong when a spouse tries to screw you over with a simple false allegation? 
Ours was filed jointly. False allegation made after we separated , switched it to a divorce waiver but they denied it solely on the basis of that allegation without telling me or offering the opportunity to refute it as per policy (which I have the evidence to do so). 

Things can and do go wrong, and some people are just a**holes. 

 

Edited April 21, 2021 by mindthegap

[InhaleExhale 28]

2 minutes ago, mindthegap said:

It says it can be filed at any time from gaining permanent residence - ie, the date your 2yr GC is approved - to when you are removed from the United States - ie, a final order of removal by an immigration judge, which is the point you are no longer a permanent resident. 

 

Yes, I just commented on precisely what the wording in the instructions says. It says you can file without the spouse if you are divorced. And you are only divorced if you are not legally married anymore, so since one is not divorced until the decree was issued this specific section would theoretically not apply to folks that aren't divorced yet (=which are separated e.g.).

That's all I'm saying.

That's why I included that it may just be poor wording on whoever the instructions wrote because the wording does not specify that it is also possible to file with a divorce waiver when you are not divorced yet.

 

I do see that the wording does imply one could wait until the divorce decree is issued and file then - now actually being divorced - even after the 90 day period expired.

 

13 minutes ago, mindthegap said:

But hey man, I’m only trying to help you. I’ve only filed three of these f***ing things spanning over half a decade so what the hell do I know? 

I think you know a lot, I appreciate your commenting and I also think you misinterpreted this and took it personal  . I was not personal. I was analyizing the wording of the instructions and what it says as well as what it doesn't say  .

 

 

17 minutes ago, mindthegap said:

47 minutes ago, InhaleExhale said:

 

Can he recant it even if he signs his own statement under penalty of perjury?

 Would any email from him that I add also open the door for USCIS to possibly contact him?

 

Yes, and yes.

Ok. I would have thought if he signs under penalty of perjury and then revokes, he would obviously discredit himself and hence discredit everything he says after...

Good to know.

 

19 minutes ago, mindthegap said:

Have you read my timeline for what can go very very wrong when a spouse tries to screw you over with a simple false allegation? 
Ours was filed jointly. False allegation made after we separated , switched it to a divorce waiver but they denied it solely on the basis of that allegation without telling me or offering the opportunity to refute it as per policy (which I have the evidence to do so). 

Things can and do go wrong, and some people are just a**holes 

Yes, I have. I commented before in this thread (1st page) as I was wondering about any help you received by your state rep's bc it says you contacted them...

Such a nightmare and I am sorry you have been having to go through that. I can relate only in the tiny fraction of how it feels when you realize that the one you married isn't actually that one human being you thought they are. It's such a shock once you realize that. And then it makes ya wonder - why the hell have I not seen that or sensed that before...

[mindthegap 2,543]

48 minutes ago, InhaleExhale said:

 

I think you know a lot, I appreciate your commenting and I also think you misinterpreted this and took it personal  . I was not personal. I was analyizing the wording of the instructions and what it says as well as what it doesn't say  .

Yeah sorry. I’m stressed to hell right now with this and have genuinely thousands of pages of USCIS stuff around me - it’s a sea of paperwork and photos here and I am utterly sick of it.  

Short fuse and was snappy.
Apologies. 

[InhaleExhale 28]

3 hours ago, mindthegap said:

Yeah sorry. I’m stressed to hell right now with this and have genuinely thousands of pages of USCIS stuff around me - it’s a sea of paperwork and photos here and I am utterly sick of it.  

Short fuse and was snappy.
Apologies. 

No worries at all. Been there, done that 🙃

I wish I had the knowledge to help you with your case.

[Nitas_man 3,100]

On 4/21/2021 at 6:06 PM, mindthegap said:

That’s what a divorce waiver is. If you file under that basis with that box checked and without the divorce decree you get an RFE for it, as stated previously. It can’t be approved without the divorce being final, but it can be filed before it is. 

 

 
It says it can be filed at any time from gaining permanent residence - ie, the date your 2yr GC is approved - to when you are removed from the United States - ie, a final order of removal by an immigration judge, which is the point you are no longer a permanent resident. 
So yeah, it’s fairly explicit that it can be filed before, during or after the 90 day period at ANY time, which is what I was saying - you don’t necessarily have to rush to meet the 90 day window which is what you were alluding to, as you have the option available to you to file for divorce and file it  then. 

 

 

But hey man, I’m only trying to help you. I’ve only filed three of these f***ing things spanning over half a decade so what the hell do I know? 
 

 

Yes, and yes.
 @Villanelle has been here a long time and knows an incredible amount of stuff,  as do I at this point. 
Have you read my timeline for what can go very very wrong when a spouse tries to screw you over with a simple false allegation? 
Ours was filed jointly. False allegation made after we separated , switched it to a divorce waiver but they denied it solely on the basis of that allegation without telling me or offering the opportunity to refute it as per policy (which I have the evidence to do so). 

Things can and do go wrong, and some people are just a**holes. 

 

What I’m trying to tell her.  She’s playing high stakes with this joint filing plan.