Convert i751 after Interview

[kochtitude 1]

Hi all! I had my i751 interview couple months ago with decision still pending. My wife and I decided to get a divorce (non-stop ongoing fights). I was hoping to submit the following along when converting the i751 to a waiver, and hoping to get some opinion from you all to see if this is good enough! 

 

1. Joint Auto Insurance dated for 3 years 

2. Joint credit card statements (attaching 3 months for each year)

3. Life insurance policy showing each other as beneficiaries 

4. Joint Leases for all 3 years 

5. Photos of us, about a dozen, with captions and dates 

6. Flight itineraries for our trips 

7. 401K statement showing each other as beneficiaries 

8. Joint Federal returns for all 3 years 

9. Joint State returns for all 3 years 

10. Joint Health Insurance cards 

11. Stock Portfolio Accounts showing each other as beneficiaries 

12. Utilities bills showing both names 

13. W-2s for all 3 years showing same addresses between us two 

14. Miscellaneous letters addressed to us two 

 

We don’t have joint checking accounts because we knew from the beginning that would just cause more arguments and having our checking accounts separate worked best for us. Appreciate everyone’s input!! 

[OldUser 4,831]

Any idea to as why you had the interview?

 

Was enough evidence submitted with initial, joint I-751?

[kochtitude 1]

Just now, OldUser said:

Any idea to as why you had the interview?

 

Was enough evidence submitted with initial, joint I-751?

Hi! Thanks for your reply. I forgot to mention, I applied for n-400, so it was technically a combo interview. However, my wife wasn’t called in, she waited in the lobby and the interviewer didn’t require her presence. Do you think my evidence look good enough? 

[OldUser 4,831]

Are you sure it was a combo interview? Did the IO know you had I-751 pending and did he / she asked the questions about the marriage?

 

You're definitely going to lose N-400 fees, would need to wait for 5 years from Residence Since date to apply naturalization.

 

Now, the case just got complicated for you because of upcoming divorce. How soon can you finalize divorce? You would need divorce decree with the waiver, or USCIS going to issue RFE asking to produce within 90 days of sending you the request or so.

 

Have you guys tried marriage councelling?

 

If you are going the divorce route, it would also help getting a sworn affidavit by your spouse her saying the marriage was entered in the good faith, but didn't work out etc. Few affidavits from friends / people who knew you as a couple over the years etc.

 

Maybe consider a lawyer, you are in tight spot.

 

 

 

[OldUser 4,831]

Can this thread be moved by a moderator please? Maybe this is the forum for it:

 

https://www.visajourney.com/forums/forum/127-effects-of-major-family-changes-on-immigration-benefits/

[kochtitude 1]

24 minutes ago, OldUser said:

Are you sure it was a combo interview? Did the IO know you had I-751 pending and did he / she asked the questions about the marriage?

 

You're definitely going to lose N-400 fees, would need to wait for 5 years from Residence Since date to apply naturalization.

 

Now, the case just got complicated for you because of upcoming divorce. How soon can you finalize divorce? You would need divorce decree with the waiver, or USCIS going to issue RFE asking to produce within 90 days of sending you the request or so.

 

Have you guys tried marriage councelling?

 

If you are going the divorce route, it would also help getting a sworn affidavit by your spouse her saying the marriage was entered in the good faith, but didn't work out etc. Few affidavits from friends / people who knew you as a couple over the years etc.

 

Maybe consider a lawyer, you are in tight spot.

 

 

 

yea, the IO knew I had a i751 pending and only asked a few questions (wife’s birthday, our wedding date, etc.). 

 

I do have a lawyer - lawyer recommended converting the i751 to divorce waiver to avoid any misrepresentation. I filed for a divorce already and according to the divorce attorney, the divorce could be finalized in 4.5 months. 

 

No marriage counseling - I have my own therapist but never did marriage counseling. 

 

Should I wait til I get the divorce decree in hand to convert the i751? 

[OldUser 4,831]

Just now, kochtitude said:

Should I wait til I get the divorce decree in hand to convert the i751? 

Do as suggested by lawyer. And maybe consult with few more l. I don't think you can afford to wait. It's likely your I-751 approval is weeks away. If your I-751 gets approved without USCIS knowing about divorce it can be problematic in the future.

 

Again, USCIS never got to interview your wife for I-751. It's highly desirable to get an affidavit from her to attach to I-751 waiver. There is a chance she could get "visitors" from the agency asking whether your marriage was real, and pressure her to sign papers harming your case.

[kochtitude 1]

Just now, OldUser said:

Do as suggested by lawyer. And maybe consult with few more l. I don't think you can afford to wait. It's likely your I-751 approval is weeks away. If your I-751 gets approved without USCIS knowing about divorce it can be problematic in the future.

 

Again, USCIS never got to interview your wife for I-751. It's highly desirable to get an affidavit from her to attach to I-751 waiver. There is a chance she could get "visitors" from the agency asking whether your marriage was real, and pressure her to sign papers harming your case.

Okay I will have her do that! Other than that, do you think my evidence looks good? 

[OldUser 4,831]

5 minutes ago, kochtitude said:

Okay I will have her do that! Other than that, do you think my evidence looks good? 

Otherwise yes, submit everything, don't skip the months. From the beginning of the marriage to the end.

 

Photos, if you have many, select one or two from each month throughout marriage. In a Word document, place 2-3 photos per page with annotations (date, people in the photo).

 

Maybe would be helpful to write a cover letter too briefly explaining the situation.

 

Did you have any joint savings account? I know you mentioned no joint checking. Maybe throw in club memberships if any, family Amazon / Netflix accounts. Maybe take photos of your place from multiple angles showing your living arrangement together (don't include it, but have just in case for the future). Include USPS Informed Delivery emails showing letters to both of you if you have it.

 

Good luck!

 

[powerpuff 5,907]

~~ Duplicate thread removed. Please do not start multiple threads asking same or related questions. If you’d like to have a thread moved, click the report button and a Mod will do so. ~~
 

~~ Topic moved from Removing Conditions on Residency to Effects of Major Family Changes on Immigration benefits ~~

[kochtitude 1]

Does anyone know when USCIS will issue the RFE once I convert the case to a divorce waiver? My lawyer seems to think it will take a while, but VJ says otherwise. Anyone has experience with this? 

[OldUser 4,831]

1 hour ago, kochtitude said:

Does anyone know when USCIS will issue the RFE once I convert the case to a divorce waiver? My lawyer seems to think it will take a while, but VJ says otherwise. Anyone has experience with this? 

No experience, and I don't have a crystal ball. If you were switching to divorce waiver few months into the process, I would agree with the lawyer. However, you're almost approved for citizenship. They're actively working on your case. I would expect them to send RFE quickly. But I'm not a lawyer. Good that you have one, because you're in difficult situation. You may even be put into removal proceedings if I-751 is denied...