Removing conditions divorce waiver checklist

[Adam2658 0]

Hi, 

 

My CPR is set to expire in August. My future ex wife and I are still in divorce proceedings, and not really sure when this process will end. I will be filing without the final divorce decree and most likely will receive an RFE where I would have to submit it along with other evidence. 
 

For now, this is what I have, and I just want to make sure I don’t have anything missing:

 

- USCIS filing fee

- I751 form

- Letter to USCIS explaining current situation with divorce and that I’m still waiting for it to be finalized 

- proof that we are in divorce proceedings 

- proof of bonafide marriage (tax returns, cohabitation, joint health insurance, joint bank account)

 

Is there anything else? I’ll be adding a cover letter and making it look neat. Thanks 

 

-Adam

Edited June 12, 2023 by Adam2658

[Timona 4,207]

You're still married. File as MFJ..

When you actually have the divorce decree, send it to USCIS requesting to update your I-751. 

 

Do not file with a "promissory divorce" which may or may not happen and then you're stuck. 

[Adam2658 0]

8 minutes ago, Timona said:

You're still married. File as MFJ..

 

Do not file with a "promissory divorce" which may or may not happen and then you're stuck. 

The divorce will 99.99% happen. 

[Timona 4,207]

You didn't understand me.

 

What happens if divorce drags on and you get RFE that you can't furnish?

[OldUser 6,893]

5 hours ago, Timona said:

You didn't understand me.

 

What happens if divorce drags on and you get RFE that you can't furnish?

While this is true, how can OP get US spouse signature to go on I-751? I'm sure there's a lot of tension in relationship. Even if obtained, how legitimate is it, with divorce on the horizon?

[carmel34 3,639]

12 hours ago, Adam2658 said:

For now, this is what I have, and I just want to make sure I don’t have anything missing:

 

- USCIS filing fee

- I751 form

- Letter to USCIS explaining current situation with divorce and that I’m still waiting for it to be finalized 

- proof that we are in divorce proceedings 

- proof of bonafide marriage (tax returns, cohabitation, joint health insurance, joint bank account)

 

Is there anything else? I’ll be adding a cover letter and making it look neat. Thanks

Photocopy of front and back of green card is also required with an I-751.  Also G-1145 if you want email notification that the package was received by USCIS.

[HarryWL 262]

On 6/12/2023 at 7:32 PM, Timona said:

You're still married. File as MFJ..

When you actually have the divorce decree, send it to USCIS requesting to update your I-751. 

 

Do not file with a "promissory divorce" which may or may not happen and then you're stuck. 

 

On 6/12/2023 at 7:40 PM, Adam2658 said:

The divorce will 99.99% happen. 

 

I filed in September 2020 and my divorce was finalized in October 2020 (Had decree in hand same month). They didn't actually ask for my decree till mid 2021, so honestly I suggest filing with a waiver and just mailing them the decree once you get an RFE. (From my own personal experience). 

 

Looking back at my original paperwork I submitted, on page 1 I said married under marital status (which was true at the time). and then under marital status part 13, I put N/A because the divorce was still being processed. Apart from that, I just filed for a divorce waiver on the subsequent pages. 

Edited June 14, 2023 by HarryWL

[Adam2658 0]

Quick update: I went with a lawyer to be on the safe side. I got a rejection notice and that my fees are being returned to me. The reason being:

 

“The application has not been fully complete. One or more of the following field(s) were not completed: Basis for Petition”.

 

The divorce is still being processed so I did not submit my application with the divorce decree. My CPR expired in Aug 12th.
 

What does this rejection mean and what is the best course of action to move forward with my application now?

 

[Mike E 11,741]

1 hour ago, Adam2658 said:

The application has not been fully complete. One or more of the following field(s) were not completed: Basis for Petition”.

 

The divorce is still being processed

How long will it take?

1 hour ago, Adam2658 said:

so I did not submit my application with the divorce decree. My CPR expired in Aug 12th.

August 12, 2022, or August 12, 2023?

 

 

1 hour ago, Adam2658 said:

What does this rejection mean

Possibly that your lawyer is not competent.
 

On I-751, part 3 “basis for petition” there are several check boxes. What boxes were checked?

 

 

1 hour ago, Adam2658 said:

and what is the best course of action to move forward with my application now?

Fill out I-751 correctly, checking the box: 

 

1.d. [ My marriage was entered in good faith, but the marriage was terminated through divorce or annulment

 

And then submitting again

Edited July 31, 2023 by Mike E

[Crazy Cat 41,981]

1 hour ago, Adam2658 said:

Quick update: I went with a lawyer to be on the safe side. I got a rejection notice and that my fees are being returned to me. The reason being:

 

“The application has not been fully complete. One or more of the following field(s) were not completed: Basis for Petition”.

 

The divorce is still being processed so I did not submit my application with the divorce decree. My CPR expired in Aug 12th.
 

What does this rejection mean and what is the best course of action to move forward with my application now?

 

It means you need to resubmit a properly completed I-751 package.  Do you have the final divorce decree?  

[Adam2658 0]

15 minutes ago, Mike E said:

How long will it take?

 

No clue. My ex wife is not communicating with me and I'm not sure whether she has received the divorce certificate yet. I was told it could take up to 3 months for us to receive it.

 

15 minutes ago, Mike E said:

August 12, 2022, or August 12, 2023?

2023*. sorry

 

15 minutes ago, Mike E said:

Fill out I-751 correctly, checking the box: 

 

1.d. [ My marriage was entered in good faith, but the marriage was terminated through divorce or annulment

 

And then submitting again

 

We did check that box. So what could it have been? That I did not include the divorce certificate or write a letter to USCIS explaining my situation?

 

13 minutes ago, Crazy Cat said:

It means you need to resubmit a properly completed I-751 package.  Do you have the final divorce decree?  

I do not. Not yet at least. 

 

[Mike E 11,741]

4 minutes ago, Adam2658 said:

No clue. My ex wife is not communicating with me and I'm not sure whether she has received the divorce certificate yet. I was told it could take up to 3 months for us to receive it.

1. What is a divorce certificate?

 

5 minutes ago, Adam2658 said:

 

We did check that box

2. Any other boxes?

5 minutes ago, Adam2658 said:

 

So what could it have been? That I did not include the divorce certificate

3. Did you include any documents that show that a divorce was filed?

[Adam2658 0]

I've decided to include a cover letter to USCIS explaining my case: 

 

 

Dear Sir/Madam,

 

I am filing for my I-751 application, Petition to Remove Conditions on Residence. My ex-wife and I are currently going through divorce proceedings, and the divorce has yet to be finalized. As a result, I do not have the final Divorce Decree with me to include in my application. However, I have attached proof of our divorce mediation and agreement that was drafted by my ex-wife’s lawyer for your verification.

 

I am also still in the process of collecting further evidence of our bonafide marriage. My ex-wife was the one who handled all our paperwork, and we are no longer communicating with each other. This is why I was not able to include all of the evidence and supporting documents of our marriage in my application. I will have all of the evidence and paperwork for our marriage ready in the near future.

 

Thank you in advance for your time and consideration.

 

Respectfully Yours,

 

 (signature)

 

What do you guys think?

[beloved_dingo 1,979]

Is the divorce actually final or not? By final, I mean has a judge entered a divorce decree/final judgment of divorce? In my state, a "divorce certificate" is a different document than the Divorce Decree/FJD. If you have a final judgment/decree entered by a judge, you do not have to wait for the divorce certificate. 

 

What evidence of bona fide marriage did you send with the first petition?

Did you not provide any kind of explanation of the current situation with the first petition?

 

I can imagine USCIS would have been confused if you checked the box for "My marriage was entered in good faith, but the marriage was terminated through divorce or annulment" but you provided little marriage evidence, no divorce decree, and no explanation. 

[Mike E 11,741]

3 hours ago, Adam2658 said:

What do you guys think?

I think unless you show evidence that a divorce was filed with a court in your state or her state of residence that your I-751 will be rejected.