Texas2016

I got the exact same letter :-)

Personally, I would still send the cover letter detailing why marriage fall apart and supporting documentation such as divorce decree. 
Living in America, no body wants to take the risks (I learned it hard way), and USCIS, as one of the stringent and conservative government institution, hates those kind of uncertainty and risks. 
 
While I do not agree with "fraud" if one does not send the new updates in marriage, this is too risky especially given that you already notified DMV and SSA, where it is likely that USCIS will access the information, meaning that USCIS will be aware that you are separated and the question goes to why there is no updates, narrowing down that this can be potential fraud. 
 
On the mean time, what your lawyers recommend also makes it sense. If USCIS does not know you are separated, why bother? 
 
But again in your specific case, I would still send since it sounds you have strong case such as affidavit from your ex's family member
If you have documented therapy session, that will seal the deal with cover letter. Because USCIS recognizes that marriage not always succeed, if applicant shows reasonable efforts to save the marriage, it will convince ISOs a lot if you have. 
 
Hope the best luck, and please updates it later. 
 
 
There are arguably 

There are many posts about this on VJ- you can use the search feature or even just go to my profile and see my content as I tend to comment on most of the threads! lol
 
Anyway, re-taxes: USCIS does not care if you file MFJ or MFS the key is to show you filed married. Married jointly, married separately- thats your prerogative based on whats best for you. You dont want to file single when you are legally married because then you are making a statement to a government agency (IRS) that you are single when you are not. Not a good idea even when immigration isnt involved. 
 
When did you originally file the 751? Processing times are around 1yr mark. The longer ago you filed the more likely it is they are going to get to your case in the near future. It seems you got your card 12/16 so it would expire 12/18--- so you just recently filed right?? It also sounds like a very amicable divorce which gives you another option as well. Also how long does it take on average to get your final decree in your court? That also impacts what paths you can take.
 
Since you filed a joint petition technically you can be approved on the joint petition as long as your spouse chooses to remain on it AND you are still legally married. Once the divorce decree is issued you MUST use the waiver. It seems you want to change your name back to maiden name as well the court date and decree probably being issued before they get to your case- so Im going to say you most likely will need or want to switch to the waiver.
 
When you send the letter requesting to switch to the waiver you do not actually fill out a new form or pay another fee. Its just a basic letter asking to switch. In the letter you can ask for your name to be changed. Usually USCIS will change your name. However if you wait until the last moment to tell them you are switching (like in a joint interview where only you attend with the decree) sometimes they say it is too late to make the change. In those cases unfortunately you have to then pay the 600$ or so to get a new card and wait a very long time for it in the mail.
 
When you send your request to switch to a waiver you can take advantage of it and include any new or additional evidence. Please remember when you switch to a wavier your ex spouse is no longer involved in the process but IF you send an affidavit from him then you are opening the door for them to reach out to him to verify the contents of what he submitted. It is very unusual for them to do this unless they have suspicions or stuff just isnt adding up. But its important to understand by sending a statement from him you are opening that door that otherwise would be closed. Sometimes divorce starts out amicable and then turns sour. Maybe you move on to a new relationship right away and the other person doesnt like that. Who knows. Do what you think is best in your heart. You know your situation better then anyone. Affidavits carry very little weight generally speaking. 
 
The main thing is to NOT have them get to your petition and process it before you give them the final decree. As I said its totally fine for them to approve you with no interview on the joint petition while you are in divorce proceedings AS LONG AS the decree has not been issued. Depending on the timing some people notify USCIS of the separation, in other cases you can wait until you have the decree because processing times makes it unlikely they will approve your petition after the decree has been issued but before you are able to send it to them.
 
When you notify them - if you just notify them of the divorce but do not include the decree, they will send an RFE (87 days response time) asking for the decree. If you still dont have it you answer the RFE that you dont have it yet and they will schedule you for interview. Hopefully you have the decree by that time. The RFE for the decree does not come instantly. USCIS is very slow. You send your letter and it goes through the mail room and around and around until it ends up in your file and then someone has to actually read the letter and send you the RFE.
 
If you send a notification that includes the decree they will just continue processing your case as a waiver and may or may not interview you. Its more likely for divorce cases to get interviews mostly because they dont have the decrees on time, but for those that do send it- getting an interview or not can go either way. 
 
Re what the attny said- Immigration law is very complex and often there are multiple paths to the same outcome. Part 1- You should not need to file a whole new packet to change your name- however nothing in the law dictates USCIS to change your name on the packet you sent- its just something they typically do if you ask when asking to switch to a waiver.  To be 100% sure they change your name you can send a new 751 form however I personally think its a waste of money for that 100% assurance because very very few people are denied their requests to go back to the maiden name and its usually those who wait until the interview to ask to change the name that are told no.
 
Part 2- Again, USCIS can approve the joint 751 as long as spouse does not withdraw from it and you are still legally married. Some attnys do not recommend even telling USCIS about the pending divorce because when USCIS finds out about it (and the only way they find out is if you or your spouse tells them, they do not scour court records looking for this)- but when USCIS finds out about it they will ask if you want to switch to a waiver- the letter actually reads more like you have to switch but you dont. And once that RFE asking about the decree is sent out their process starts and if you do not have the decree you can end up in court which is a big mess but totally doable. 

Do whatever you prefer with your tax situation, it should have no impact on your case as you are going to use a divorce waiver 

Mollie were you switching from a joint to a waiver? 99% of the time when switching to a wavier they will let you change the name back to the maiden name. Perhaps if you don't notify them in advance and ask at the interview they may say no it's too late. 
 
Texas- just ignore negative responses. Some people don't realize ROC is about intent when entering the marriage and has nothing to do with whether it works out or not. Some people do know this but just don't care, they feel if it doesn't work out the immigrants should have to leave. And that's fine, everyone is entitled to their opinion- but the laws are clear and divorce does not mean you can't ROC nor is it considered a divorce means it wasn't bonafide.

Good for you, Maxheadspace! I am happy that your marriage is stronger now. That is not how it works for everyone though and trust me, I send a lot of proof that our marriage is as real as it gets. You cannot time a divorce, sir... Do you think there will ever be a good time to go through this hard time?! Divorce is not something I would wish on anyone, sir.

Thanks for your response.

Not passing judgment huh? I think you are sir... Do you think I want to divorce?! Trust me, I thought I was going to be married with this person for the rest of my life... This is heartbreaking enough and an emotional time. I do not need to be told by someone who does not know me or my marriage that there is a perception issue. Not appreciating that comment at all.

Texas DPS (driver license) uses S.A.V.E. database to verify Immigrant status like Social Security does. I was required to be issued a new license when my  immigration status changed (and Documents) because immigration used various versions of no middle initial(first SSN), middle initial( greencard), then fully spelled out name  on my naturalization certificate.  Both places told me they had to issue new card/driver license, and they did. So I am pretty confident you will not get a new license based on a divorce signed by the county judge when you are not a USC.  They will go by what is in SAVE database. You would have to pay for a name changed greencard and wait most of a year to receive it before you could have a new DL. Then it would be replaced in a few more months by the 10-yr card. That's why I said you may be traveling with your married name for awhile on old greencard, letter or domestically with old name DL.
 
 

Its not as complicated as you are imagining it to be.
 
After you get a final divorce decree that states you are going back to your maiden name- send it in to USCIS with a letter saying you want to switch to a waiver and want to use the maiden name for your new 10yr GC when approved. You can also send in any extra evidence you have for ROC.
 
If you do not ask to change your name on the new GC they will use your married name and you will have to pay about 600$ to get a new card with the maiden name after you get the married name card. Thats a waste of time and money. Getting a name changed GC or any reason replacement GC takes about 9 months on average. Theres no need to get a divorce waiver 10yr GC with an old married name if you intend on using your maiden name again.
 
Yes, there are other things that will need to be changed like DL and SSN. Each agency requires different things to change your name back to maiden. Some want the GC, so for those you will have to wait until you have the GC in hand. (so again getting the married name and then waiting an additional  months for a name correction is foolish).
 
Also- BOTH your married name and your maiden name are considered LEGAL- you are allowed to use either. Most people like to have all their IDs matching because its easier. Find out what your local DMV needs to give you an ID in maiden name. I believe SS will want your GC, so if DMV wants GC or SS you will have to wait to change the DL.
 
Speak to your HR dept about what they want to change your name, they may change your name based on divorce or will say you have to wait until you have a GC or SS card or DL. 

She could have filed for ROC on her own with a divorce waiver so no red flag for that. 

I got my NOA today 😁
 
here is my timeline
 
09/05 ROC Packet mailed to VSC
09/07 Packet Delivered
9/29 Received returned photo album
10/03 Whole packet returned (outdated form)
10/04 Resubmit ROC to Phoenix, Az
10/05 ROC delivered
10/12 Check Cashed. E-notification case was received
10/20 Noa date
10/22 Mailed I-797 ( as per Contact Support)
10/25 NOA received from Nebraska
 
My gc and dl expired yesterday. Tom I am going to dmv to renew. 
 
I hope everyone will get their NOA soon.
 
 

Husband just texted I got my NOA1 in the mail today. Yay!! My case starts with LIN so it got transferred from CSC to Nebraska. Totally going for a drink (or three) tonight !!!!! 

It is going to be okay. I sometimes use this forum to vent. That is why we are all here, to help each other. Is your daughter okay? I would attach a letter explaining that. Also, do you have a rental lease together or could you have family and hospital staff write a letter about you two as a couple? Do you have car insurance together or life insurance with each other as the beneficiaries?

It is going to be okay. I sometimes use this forum to vent. That is why we are all here, to help each other. Is your daughter okay? I would attach a letter explaining that. Also, do you have a rental lease together or could you have family and hospital staff write a letter about you two as a couple? Do you have car insurance together or life insurance with each other as the beneficiaries?

Hi everyone, so I'm back on this journey again ... it's been a while ... visajourney forum has been my immigration lawyer and guidance since my journey from K1 visa and here I am today again  ... haha
 
I submitted my file yesterday and tracked it that it was delivered 11am CST this morning.
 
... and the waiting journey begins 👌 Wishing us all good luck
 

Hi everyone,

My husband and I just walked over to our mailbox after I received an e-mail and text in regards to my case. I just couldn't believe that the moment was there. I opened the mailbox and the envelope with my Permanent Residence card was in there I feel so blessed and my husband and I are just over the moon that it went so fast and that this was the moment. I wish this for everybody on here

Hey everyone,

This morning I received a text that my case had been updated :-) I was very surprised to see that and honestly I wasn't sure what it could be, but it's actually reality! My I-485 case status changed to "Case Was Approved" It states that they will mail me my approval notice.

I really cannot believe this happened today and so fast after applying for the AOS. I hope everyone's case will go this fast and I wish everyone good luck of course :-) I'll keep you posted in regards to when I received the letter and what it says in the letter.

Have a great day everyone!

Hey everyone,

This morning I received a text that my case had been updated :-) I was very surprised to see that and honestly I wasn't sure what it could be, but it's actually reality! My I-485 case status changed to "Case Was Approved" It states that they will mail me my approval notice.

I really cannot believe this happened today and so fast after applying for the AOS. I hope everyone's case will go this fast and I wish everyone good luck of course :-) I'll keep you posted in regards to when I received the letter and what it says in the letter.

Have a great day everyone!

Hey everyone,

This morning I received a text that my case had been updated :-) I was very surprised to see that and honestly I wasn't sure what it could be, but it's actually reality! My I-485 case status changed to "Case Was Approved" It states that they will mail me my approval notice.

I really cannot believe this happened today and so fast after applying for the AOS. I hope everyone's case will go this fast and I wish everyone good luck of course :-) I'll keep you posted in regards to when I received the letter and what it says in the letter.

Have a great day everyone!

In the Dutch passport, they don't mention a married name. It's always your maiden name and then they could make a mention in your passport that your married to (name of husband). I am so concerned now. We want to go on holiday in July next year.
On our marriage certificate it of course has my old name, because it's your responsibility to change your name officially.

Hi MorganandMicheal,
I am in the exact same boat as you. I have sent the package on the 9th of September and it was also delivered on the 11th of September.
Hopefully we'll hear more this week *fingers crossed*.

I am so sorry to hear that :-( Hold on and hopefully the months will fly by. Keep faith.

Hi LeeAndrew,Isn't the question on the DS-160 if you have any immediate family in the US? Uncle and Aunt would not fall under that. When you open the DS-160 it should have a little question mark next to it to explain.

Glad everything is okay and that I could be of help :-) Have a nice Sunday! Hopefully everything else will go fast for you.

I am sorry to hear that KerryDavid and MA & SY. I'm keeping everyone in my prayers for a faster and successful process. I hope you'll hear something soon.