I need some help please.

[sainthilary 4]

My husband and i have been having issues in our marriage like any other marriage. We started talking about divorce  few weeks ago. Here is the problem, my 90 days window opened and i decided to file with divorce waiver since we will be getting a divorce. I sent off my petition off last week and now my husband says he doesnt want divorce any more. The petition delivered but the credit card has not been authorized yet.

 

What can i do? Thanks. 

[.yana 597]

Aside from the immigration process, what do *you* want? Do you want to proceed with a divorce? Or try to reconcile with your husband?

It shouldn't be just up to him.

[sainthilary 4]

Just now, .yana said:

Aside from the immigration process, what do *you* want? Do you want to proceed with a divorce? Or try to reconcile with your husband?

It shouldn't be just up to him.

i want to stay and fight for my marriage. we talked things out yesterday and decided to work on our marriage.

[Crazy Cat 41,979]

It depends on what YOU want to do.   You could call your credit card company and stop payment...then resubmit a new I-751...or you can file for divorce and continue with the waiver.

Life is too short to be miserable.....Do what is best for YOU!!!

[JeanneAdil 6,548]

i thought u can not file a divorce waiver unless u have divorce degree in hand

[sainthilary 4]

1 minute ago, Crazy Cat said:

It depends on what YOU want to do.   You could call your credit card company and stop payment...then resubmit a new I-751...or you can file for divorce and continue with the waiver.

Life is too short to be miserable.....Do what is best for YOU!!!

i freeze my credit card, will that be enough? what will happen to the old petition? will they destroy it?

[Verrou 1,962]

agree with others. what do u want to do with ur relationship. 

if you freeze the transaction, they wont processed it without payment. so you should be good. 

also if u file divorce waiver but have no divorce decree, i dont think you can continue with that ROC anyway. 

 

Edited June 9, 2022 by Misscloud

[mindthegap 2,590]

Tricky one.

Well, first off, with a divorce waiver you could have filed at any time, it doesn’t have to be in the 90 day window and can be before or after ….so there’s that.

BUT you also can’t be approved without a final divorce, which you don’t have so at some point they will RFE you for it. Fail to provide it and you will be denied and would have to refile anyway. 
 

You could try to stop the payment, and the entire package will be returned to you, you would redo the form, send it in again with payment. BUT this may not work as typically as soon as it’s delivered & opened they pre-auth the card, even if the charge doesn’t show up for a week. Mine was pre-auth the same day it was signed for. 
 

If you withdraw it, and then simply refile you’ll have to pay again when you refile as you won’t get a refund. 

If you continue, I don’t even know if you could switch back to a joint filing - you can switch TO a divorce waiver but genuinely no idea if you can switch FROM it…for a start your spouses signature wouldn’t be on the form.  
 

My first (quick) port of call would be my card company to see if there is a pre-auth/hold on the funds. If not, then trying to stop it may just work. Then again, it might not. 
Stumped on this one tbh as never heard of anything similar. 
You’ve created a hell of a mess for yourself 

 

56 minutes ago, JeanneAdil said:

i thought u can not file a divorce waiver unless u have divorce degree in hand

Can file without it. Cannot be approved without it. They will RFE for it 
 

 

Edited June 9, 2022 by mindthegap

[sainthilary 4]

2 minutes ago, mindthegap said:

Tricky one.

Well, first off, with a divorce waiver you could have filed at any time, it doesn’t have to be in the 90 day window and can be before or after ….so there’s that.

BUT you also can’t be approved without a final divorce, which you don’t have so at some point they will RFE you for it. 
 

You could try to stop the payment, and the entire package will be returned to you, you would redo the form, send it in again with payment. BUT this may not work as typically as soon as it’s delivered & opened they pre-auth the card, even if the charge doesn’t show up for a week. Mine was pre-auth the same day it was signed for. 
 

If you withdraw it, you’ll have to pay again as you won’t get a refund. 

If you continue, I don’t know if you could switch back to a joint filing - you can switch TO a divorce waiver but genuinely no idea if you can switch FROM it…for a start your spouses signature wouldn’t be on the form. 
 

My first (quick) port of call would be my card company to see if there is a pre-auth/hold on the funds. If not, then trying to stop it may just work. Then again, it might not. 
Stumped on this one tbh as never heard of anything similar. 

 

Can file without it. Cannot be approved without it. They will RFE for it 
 

 

I called my credit card company and i was told since my account is frozen, payment might not go through. I am so stressed about this. Thank you.

[Wiks 3]

2 hours ago, Crazy Cat said:

It depends on what YOU want to do.   You could call your credit card company and stop payment...then resubmit a new I-751...or you can file for divorce and continue with the waiver.

Life is too short to be miserable.....Do what is best for YOU!!!

Amen 🙏 

[mushroomspore 3,044]

2 hours ago, sainthilary said:

I called my credit card company and i was told since my account is frozen, payment might not go through. I am so stressed about this. Thank you.

If your card is frozen, then yes the payment will not go through and USCIS will simply return your application and it will be considered officially rejected. Wait for the application to be officially rejected. It sounds like you still have some time left in your 90 day window so I would suggest having a serious talk with your husband about your marriage. If you decide to stay together, file the joint I-751. If you guys end up divorcing while the joint I-751 is pending, you can always update it to a divorce waiver and then present the divorce decree when it's ready.

[sainthilary 4]

10 minutes ago, mushroomspore said:

If your card is frozen, then yes the payment will not go through and USCIS will simply return your application and it will be considered officially rejected. Wait for the application to be officially rejected. It sounds like you still have some time left in your 90 day window so I would suggest having a serious talk with your husband about your marriage. If you decide to stay together, file the joint I-751. If you guys end up divorcing while the joint I-751 is pending, you can always update it to a divorce waiver and then present the divorce decree when it's ready.

Thank you!

[mindthegap 2,590]

If it gets returned to you and you file again, if it is after your card has expired then you MUST put a letter in explaining why it is being filed late……in this case the reason being that you filed with the divorce waiver box ticked by mistake. 

[Rocio0010 5,579]

Your happiness comes first. Just because your husband said he wanted to work on the marriage it doesn’t mean you have to. Just be honest with yourself. There has to be a reason why you were ready to go for divorce.

That being said, if you do want to stay in the relationship, go ahead and stop the payment. Wait for the package to be returned, file for a joint I-751.