Impending Divorce

[Lars087 0]

My marriage is breaking down, and its causing major mental health issues and I'm contemplating filing for divorce soon (my husband is the USC). I have my I-751 pending (filed jointly). Given that you can prove marriage was entered in good faith, what's the success rate of having I-751 approved with divorce waiver? Also, will filing the waiver push the application to the 'back of the line'?

[Boiler 45,657]

I have never seen such a case not approved so 100%

 

Some Lawyers prefer filing a new case, of you did that you would be back of the line.

[Mobius1 175]

On 9/21/2022 at 12:25 PM, Lars087 said:

My marriage is breaking down, and its causing major mental health issues and I'm contemplating filing for divorce soon (my husband is the USC). I have my I-751 pending (filed jointly). Given that you can prove marriage was entered in good faith, what's the success rate of having I-751 approved with divorce waiver? Also, will filing the waiver push the application to the 'back of the line'?

Legally speaking, you cant file with divorce waiver until you have the decree in hand, However some lawyers use a clever way where they send a notice to USCIS requesting them to change the Joint petition to divorce waiver. In both cases there is a high chance you will have an interview. However its best to either have the decree in hand before you inform or you are very close to having it. Going to the back of line is essentially their discretion. If you do file a new one, then yes for sure.

 

The worst case is that you have the decree finalized and you get approved jointly.

 

Hire a lawyer for this task. Its a truly (removed) up situation uscis has created by a hard demand for decree within 87 days while process times or both divorce and immigration keep increasing.

Edited September 22, 2022 by Ontarkie
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[Ontarkie 14,275]

~~Post edited for by passing language filter. It is a TOS Violation to by pass the language filter.~~

[Happymallymute 50]

I filed 751 with divorce waiver. Approved with no interview. That was more than 3 years ago, but I can't imagine a case not being approved if you filed it correctly with an abundance of evidence of bona fide with no fraud flags.

 

I think there's another hurdle here to consider in your case. Currently you are joint and it sounds like the divorce process hasn't started. 

 

Some places require a minimum separation time before being able to file with the court. (++ Time)

 

The court process itself can take time because you need to properly serve the notice of court filling to the other party, make sure all your forms required by your jurisdiction are completed, etc before a clerk will put your pleading on the judge's desk to sign. (+++ Time) 

 

Above also assumes your ex will not contest it in the court and/or there won't be items the court needs to hammer out between you like assets, children, etc..(+++ time)

 

All while the divorce is happening and you didn't notify USCIS, USCIS might not interview you thinking all the evidence you submitted is good to go and that you're still joint. 

 

Later if and when you apply to be a citizen, your entire immigration history will be up for review. You will run in to trouble here when the circumstances of your 751 is reviewed. You might get denied, wasting all that time and money. 

 

In short, work out your marriage if you can. If you can't, get a move on with the divorce for your own sake.

[Mobius1 175]

On 9/24/2022 at 7:02 AM, Happymallymute said:

All while the divorce is happening and you didn't notify USCIS, USCIS might not interview you thinking all the evidence you submitted is good to go and that you're still joint. 

 

Largely agree but:

 

There isn't any obligation or law to notify of a divorce in progress as there is for an address change.

 

Upon finalizing of divorce, yes one needs to notify and convert into waiver. The misrepresentation / trouble kicks only when a joint i751 is approved after the couple has legally divorced.

If USCIS didn't conduct an interview thus not forcing a statement out of the applicant of their marital status (pending divorce) under oath, then its on them.