Lawyer is advising my wife’s petition could be denied because I removed my name from it.

[Kaleb8082 7]

My wife and I are currently separated and in the process of finalizing the divorce. 
 

I filed for separation a while ago, but we ended up trying to reconcile during the mandatory waiting period. This included counseling. Because of that, we did not notify USCIS of the separation at the advice of a lawyer. 
 

But now we decided to proceed with the divorce and I sent a letter to USCIS requesting my name be removed from the petition. But her lawyer is now very concerned. He said that once they process that, they’ll send a RFE for the divorce decree. But being in California, she likely won’t have it in time. So he said her petition will be denied and she could go into removal proceedings. 
 

This is a nightmare. I don’t want her to get deported. I just wanted use to go our separate ways. 
 

What are her options at this point? How can she avoid potentially be put in removal proceedings?

[milimelo 4,904]

Umm if she's in ROC stage, she'll be fine. 

 

~Moving to removing conditions forum, OP's case is well past AOS.~

[Kaleb8082 7]

12 minutes ago, milimelo said:

Umm if she's in ROC stage, she'll be fine. 

 

~Moving to removing conditions forum, OP's case is well past AOS.~

From what I understand from the lawyer is, if we can’t get a the divorce finalized in time for the RFE, then USCIS will simply cancel the petition. Won’t that cause her to be put into removal proceedings? 

[Crazy Cat 45,767]

52 minutes ago, Kaleb8082 said:

I don’t want her to get deported. I just wanted use to go our separate ways. 

She better find a good immigration attorney fast.  They WILL ask for a divorce decree, and they can deny her case unless she files under a waiver.  

[Kaleb8082 7]

4 minutes ago, Crazy Cat said:

She better find a good immigration attorney fast.  They WILL ask for a divorce decree, and they can deny her case unless she files under a waiver.  

Yes, that’s what I’m worried about. She already has a lawyer and he has warned that this is a possibility. That’s why I’m trying to see if anyone has done this before or if she has any options. 
 

If it does get denied, doesn’t Shane have the option to file a solo petition with a divorce waiver? Once the divorce is finalized that is. 

[OldUser 10,995]

1 hour ago, Kaleb8082 said:

This is a nightmare. I don’t want her to get deported. I just wanted use to go our separate ways. 
 

What are her options at this point? How can she avoid potentially be put in removal proceedings?

If you want for her to stay, make sure divorce goes as smooth as it can from your side. Write a notarized statement describing the marriage was real, you don't object her removing conditions, and quick timeline of your relationship.

 

When did you jointly file I-751? These petitions can take few years to be adjudicated, so you may have time.

[Dashinka 26,278]

1 hour ago, Kaleb8082 said:

Yes, that’s what I’m worried about. She already has a lawyer and he has warned that this is a possibility. That’s why I’m trying to see if anyone has done this before or if she has any options. 
 

If it does get denied, doesn’t Shane have the option to file a solo petition with a divorce waiver? Once the divorce is finalized that is. 

Yes, if the initial I751 gets denied for failing to answer an RFE, she can file again once the divorce decree is received.

 

Good Luck!

[Crazy Cat 45,767]

1 hour ago, OldUser said:

These petitions can take few years to be adjudicated, so you may have time.

Maybe.  But OP has notified USCIS of pending divorce........This will be interesting to see how fast USCIS responds.