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Filed: Citizen (apr) Country: Kenya
Timeline
Posted

How far is your Divorce? And when does your ROC window open?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Iran
Timeline
Posted (edited)
52 minutes ago, mattpooley said:

the divorce has been finalized close to a year and have the divorce papers.

You can file your i751 divorce waiver case at any time you don't need to wait for the 90 day window before your conditional green card expires. 

You will need to fill out an i751 form, pay the fee and biometric charge, you will include a copy of your divorce decree. 

 

You also need to provide as much proof as you can that shows you entered the marriage in good faith with your ex spouse. You need include documents like  joint bank accounts statements, joint tax transcripts for each year married, any joint lease you shared (statements from landlords that you live together at your home), joint bills during marriage, a statement from your ex spouse that the marriage started in good faith but did not work out **if possible**,  pictures together with family and friends or on holiday together, birth records of children together, mail at common address, W2 or 1099 doc from common address, proof of travel together, anything you can collect that shows you were in a bonafide marriage until separation. 

 

If your marriage was short it may be hard to collect much evidence if so you will need to rely on statements from those that can attest you were married and live together with your ex spouse as a married couple. 

 

Good luck, correctly filed i751 divorce waiver cases are routinely approved, many without an interview with good faith marriage proof and the divorce decree. Seek legal help if you need help to complete the i751 waiver application.

Edited by da95826

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

Filed: Citizen (apr) Country: Iran
Timeline
Posted (edited)
10 hours ago, mattpooley said:

How do i file my i-751 waiver form?

Go to https://www.uscis.gov/i-751 download and follow the instructions, you can download the current i751 form there to fill out, you can get the address to send the forms to and calculate the fees required there as well. 

 

You will need to determine which i751 waiver you are going to apply for Divorce waiver, abuse waiver or humanitarian waiver, abuse and humanitarian waiver require proof of abuse or the reason you will suffer great hardship if you return to your home country. 

 

If you file for a divorce waiver you will need a final divorce decree before your divorce waiver case can be approved, you will get a request for evidence if your application doesn't include one when you file . 

 

All i751 cases require good faith marriage proof from start of marriage to separation.

Edited by da95826

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

  • 3 months later...
Posted

~~ Duplicate thread removed. Please do not start multiple threads asking same or related questions - that is considered spamming. Please post further questions here ONLY ~~

 

8 minutes ago, mattpooley said:

Filing out form I-175 and has been sent back as its request's a former spouse information and signature, how can you by pass this issue if you do not have any contact with a former spouse or they refuse to no oblige to help?

 

 

 

Posted
On 3/8/2022 at 12:27 PM, mattpooley said:

How do i file my i-751 waiver form?

Same as a normal i751, but with the divorce waiver box ticked instead of jointly filed box, and enclose a copy of your divorce decree.

Evidence requirements are the same.

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. 

 

 
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