I 751 pending

[Revanth 0]

Hi Everyone,
  I received this update from USCIS. I am currently in divorce process and separated from my wife since one year . I was waiting for divorce  decree to file for a waiver and this update has been received . Has anyone experienced similar situation before . Any help will be appreciated about what this request for withdrawal mean and how to proceed . Thank you !

[Mike E 11,727]

15 minutes ago, Revanth said:

Hi Everyone,
  I received this update from USCIS. I am currently in divorce process and separated from my wife since one year . I was waiting for divorce  decree to file for a waiver and this update has been received

Did you send anything to USCIS?

[Loren Y 2,745]

Looks like the Ex pulled her I-864, or sent something to trigger this. Time to lawyer up! and make sure you have plenty of evidence that you entered into the marriage in good faith.

[A110 80]

16 minutes ago, Loren Y said:

Looks like the Ex pulled her I-864, or sent something to trigger this. Time to lawyer up! and make sure you have plenty of evidence that you entered into the marriage in good faith.

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

[Crazy Cat 39,634]

@Revanth,  Had you previously filed a joint I-751?  If so, the US spouse withdrew, it seems.  You need a good attorney to help prepare you for the scrutiny you will face. 

Edited April 26, 2023 by Crazy Cat

[Verrou 1,901]

20 minutes ago, A110 said:

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

if it's i-751 joint, ex can withdraw. the only time ex cant withdraw is when OP file solo i-751 

[Rocio0010 5,573]

21 minutes ago, A110 said:

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

The ex co- signed the original 751, so she might very well have withdrawn her signature.

 

OP posted this on a Facebook group I administered, and he was given very similar replies. 

 

Time to lawyer up, OP.

[Crazy Cat 39,634]

29 minutes ago, A110 said:

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

For a joint I-751, the US spouse has a lot of say. 

[Dashinka 23,374]

While I agree this is most likely the result of the ex-spouse withdrawing the joint I751, I am not certain this is a case that absolutely requires a lawyer.  The OP can proceed with filing a new I751 with a divorce waiver, people do this all the time without lawyers.

 

Good Luck!

[little immigrant 800]

@mindthegap

 

Hi can you advice?

[Lemonslice 4,584]

  ..

Edited April 26, 2023 by Lemonslice

[Lemonslice 4,584]

..

[mindthegap 2,543]

 

I'd wait and see what the notice says - it may just be a very poorly worded notice, indicating that the spouse has withdrawn themselves from it and the notice of that is in the mail.

Is the full notice in your online USCIS account for you to view?

 

To be clear, your soon to be ex spouse can withdraw themselves from a joint I-751. Ditto that you can remove them from a joint I-751, by switching to a divorce waiver as you intended to do.

They cannot withdraw the entire joint I-751 petition. That isn't legal, or policy, as it is a document with both of you as signatories, and you are the immigrant petitioner. It is, and remains, your petition primarily. 

 

 

Note that this is nothing to do with the I-864 - they also cannot withdraw from that. The I-864 is binding, even when divorced, until you become a citizen, cease to be a permanent resident, or have accumulated a certain number of work quarters

[igoyougoduke 1,614]

you dont need a lawyer .wait for the notice from USCIS . file with divorce waiver and gather all documents that your marriage was entered in good faith. nothing to worry here 

[Scandi 3,979]

10 hours ago, A110 said:

I don't think the withdrawl would trigger this. If the ex did send something it would result in an interview,rfe, denial or even the evidence being ignored. I don't think the ex has any say in a withdrwal. 

Correct, even if the form also has the US spouse's signature on it, it is the immigrant's petition. A US citizen cannot withdraw the immigrants petition (and the i-864 has nothing to do with ROC, that's an AOS thing). Maybe the US citizen pretended to be the immigrant and wrote USICS a letter about withdrawal? Possibly, as USCIS doesn't verify who sends the letter, as long as all the info in the letter is correct.

Edited April 26, 2023 by Scandi