yacsie

On 7/9/2017 at 10:42 AM, Kris-Sy said:

  I agree with what the lawyer said . It could be just a matter of days for you to hear back from UCIS.... Can you just wait a few weeks? if you file for divorce, you don't need to notify them. You  are still married.  The only time for you to notify them is if the divorce is final and you still haven't gotten any responses. 

As far as having problem down the line for not letting them know you are separated ...if your marriage was real and can provide proof when doing the naturalization, you shouldn't have any problem.  It's a stressful situation and there's no right or wrong answer really for such situations. Just try to not complicate things. i hope you can work it out.

But my soon to be ex husband really wants me to notify USCIS. He said he wants nothing to do with it anymore. Will it affect him at all if I just wait it off? If it will affect him in anyways, I should probably notify the office. Although we decided to part, I don't want to cause him any troubles. Thoughts? 

On 6/24/2017 at 10:52 AM, Damara said:

yes. send a letter to the service center you mailed your 751 to.

Hi Damara,

Thank you. Been trying to see if we don't have to go through this but he insisted on getting a divorce. I will report back with any updates. 

Can I just write them a letter and tell them we have divorce pending? Thank you so very much!

Sorry for a late reply. I really appreciate a lot for your answer. I've been trying to figure out how to do this. What's the best to notify them for the pending divorce? 

On 5/16/2017 at 3:40 PM, Damara said:

There are many topics on VJ about this exact situation. No one can really tell you what to do, so I wont but I can give you some more detailed information so you can decide what course of action to take.

 

The USCIS only has two options for marital status. You are either legally married or you are divorced/not married. They do not have a status for 'separated' or 'pending divorce'. This means when you have to file your 751 ROC packet, you either do so joint as married (if you are legally married still) or divorced waiver, if you are legally divorced.

 

As you can see this makes an issue for those who are pending divorce. There is no status for them to choose as they dont really fit into the 2 choices. For your specific situation- you already filed a joint ROC. Its currently being processed. As long as you are still legally married when its adjudicated- you are fine to be approved as 'married' and joint ROC because you are legally married. But and this is a big BUT you run the risk of USCIS approving you with out knowing you have a divorce pending. If they approve you and later on find out you were in divorce proceedings when approved but not technically divorced- you can have issues. This would most likely be when you attempt to naturalize or if you petition someone else. Now no one wants to have potential issues with USCIS down the road- so it is recommended on VJ to notify USCIS of the filing of divorce.

 

Technically USCIS can not do anything when you notify them as there is no pending divorce category you can be moved into. So they give you the option to stay in the joint petition OR switch to a divorce waiver. If you stay on the joint petition you can expect an interview where you and your spouse will need to attend. If you switch to a divorce waiver they will want a copy of your divorce to approve it. If you dont have a divorce decree yet, you can run into a situation where they have to deny it for lack of decree and present it later in immigration court. But in that situation even though you have been denied by USCIS you are never out of status. Its just a hassle to deal with the court.

 

Now most attnys look at things in a very black/white mentality. Since the two filing options are either married or divorced thats all they see. Technically there is NO requirement to notify USCIS that you have initiated a divorce after filing a joint ROC. And as stated USCIS can not process your waiver petition until you have a final decree. But that doesnt mean you should do nothing. Because again, if they find out a divorce was initiated but not completed during the ROC process they can take the position (and they have in the past) of stating you did not disclose all the facts and were approved. They can reopen the case. So its best to disclose everything. You can wait for an RFE to tell them but you may not get one. You can wait for the interview to tell them but again, you may not get one.

 

Does any of that help?

 

 

 

Can anyone help with little advice? Thank you!

Dear All,

I am going through this situation right now, and I hope anyone here can help me with any advice.

Here is some information of my application.

- My husband is an USC, and we filed I-751 jointly. 

- Submitted I-751 jointly in July 2016 in California. 

- Took my biometrics in August 2016 and received 1 year extension on my GC, which will expire in August 2017.

- As of today, USCIS office is still processing applications submitted in June 2016. So it's only a matter of time before they get to mine.

We dated for 1 year and 4 months before we got married. It's been 3 years and 3 months since we were married. However, things have not been great, and we have always tried to work it out in the last couple of years. Unfortunately, he has decided that he wanted a divorce. We are going to court next week (5/15/2017) to file for a divorce. It will take at least 6 months for the divorce to finalize in Southern California. I consulted several lawyers and they all told me to file the divorce now if he really wants to but just wait for immigration’s notice before further action. I feel I should notify immigration office right after we file a divorce, but I really don’t know how that will affect my application. Every lawyer told me, once we file for a divorce, not to have any actions right now but wait.

I think Immigration Office will get to my application in 2-3 months. I went through several posts on VJ and some people also suggested to wait first and if I did get RFE, that's when I should notify IO about divorce process and maybe then switch to a waiver? What's your opinion? 

I am also likely to move out once we file for a divorce, should I change my address too? Will changing my address affect my application?

Thank you in advance! 

On 11/2/2016 at 2:48 PM, Damara said:

Ok for the address situation you are going to submit the AR 11 and fill out the present physical address as whatever is the actual location of where you are physically. They use this to determine where your local office is. Whenever you move locations you are suppose to update this. If you are only moving with in towns its really not going to change your local office BUT you are suppose to notify them. So for right now you can use your temp room as your physical address because it is- and when its not--- well, when that time comes you can deal with it. I doubt you are going to be living on the streets or in your car. Im sure you will make arrangements, and like I said if its in the same general area its not going to impact where you are being processed so its not such a big deal if you dont reort it right away. They wont be pleased but eh, it happens. You will then need to get a PO Box. This is to make sure you get all your mail from USCIS. Right now they have whatever address is on file (whatever you sent in on your 751). So you are not at that address. You have to change it. You will fill this out under MAILING address. They will send your mail there. That can be a PO Box.

Moving on- you do not need to be divorced (meaning final divorce decree) to use the waiver option. You will not be APPROVED with out it, but you can switch to that filing method if need be at any time you are no longer eligible for the joint method. (either your spouse is withdrawing support, you are separated formally or informally, divorce has started etc) Depending on how far along in the divorce you are when you switch or are forced to switch several things can happen. You may have enough time to get a final decree in to USCIS and get approved. If you dont they have to close out your waiver petition because you didnt have the final decree and send it over to immigration court. This is just an administration process that sounds scary, but its just paperwork and bureaucratic process at work. You can still work and travel and will be an LPR. You will just have an expired card and need to get a new stamp as proof. You will have to go to immigration court and show your divorce decree. If you dont have it when its your time to go the judge will give you a new date to come back with it because they know divorce courts are slow and have their own rules on how long you have to wait. When you finally do get it, you go back and present it and are approved for the waiver petition. Im just giving you a basic overview in plain terms. Theres obviously much more details Im leaving out. Some people prefer to get an attny involved if it ends up going to court because there are specific procedures and stuff with the court and court is a hassle. You can do it yourself though- plenty people do. I dont know how comfortable you are with things like that though.

Hi Damara, I am going through pretty similar situation right now, and I found you've been providing really helpful answers regarding this application. I was wondering if you could give me some advice as well. Here is some details about my applications. My husband is an USC, and we filed I-751 jointly. 

- Submitted I-751 jointly in July 2016 in California. 

- Took my biometrics in August 2016 and received 1 year extension on my GC, which will expire in August 2017.

- As of today, USCIS office is still processing applications submitted in June 2016. So it's only a matter of time before they get to mine.

We dated for 1 year and 4 months and got married. It's been 3 years and 3 months since we were married. However, things have not been great, and we have always tried to work it out in the last couple of years. Unfortunately, he has decided that he wanted a divorce. We are going to court next week (5/15/2017) to file for a divorce. It will take at least 6 months for the divorce to finalize in Southern California. I consulted several lawyers and they all told me to file the divorce now if he really wants to but just wait for immigration’s notice. I feel I should notify immigration office first after we file a divorce, but I really don’t know how that will affect my application. Every lawyer told me, once we file for a divorce, do not to have any actions right now but wait.

I think Immigration Office will get to my application in 2-3 months. Do you suggest that I wait now without further action? And if I do get RFE or an interview, I notify them that we are in divorce process and maybe then switch to a waiver?

I am also likely to move out once we file for a divorce, should I change my address too? Will changing my address affect my application?

I am greatly appreciated for your help and thank you @alluneedisluv for sharing your process! Best of luck to the both of us!

Hi JayJayH,

I found your post related to my situation right now. I was wondering if you could give me some advice. My husband is an USC. I filed I-751 jointly in July 2016 in California but my case is still pending (yes, it's been almost a year!) As of today, they are still processing applications submitted in June 2016. So hopefully they will get to my application in the next 2-3 months.

Unfortunately, things aren't going really well between us two, and 2 weeks ago, he told me he wanted a divorce. We are going to court next week to file a divorce. We still live together but I think I may have to move out pretty soon after we file the divorce. I consulted several lawyers but they all told me there is nothing I can do at this moment but wait for the notice from USCIS. They all told me my case might get approved even before the final of divorce. 

My question is, once we file for a divorce, should I notify USCIS about the divorce? The divorce will take at least 6 months to be finalized. I feel I should notify them but I really don't know how this will affect my case. One of the lawyers told me if I notified them, there would be a chance that they may deny my application. It looks like you went through the same process as me. How did you notify USCIS when you filed for a divorce? And do you think by doing so, they may deny my case? 

Also, if I moved out, should I update my address with them? 

Anything would help. I am greatly appreciated! Many thanks in advance!!

I would add the words 'Original Submission' on top of your cover letter. For one thing, USCIS recommends it here and also it tells the person opening your package right away that this is a new application and not response to RFE so they process your package accordingly.

Thank you for your comments!

Does transcript mean the work sheet and everything? Our CPA sent us more than 50 pages on tax returns each year. I assume that include transcript?

Yes, I will sign off with "sincerely or best regards" Does that sound better?

Your letter is fine. Your evidence is fine.

Now that you know about insurance, wills, and medical powers of attorney, it would be wise to pursue these - but they are not necessary for your submission.

It's OK to use her F-1 entry date. If you feel you need to explain something (like the addresses on the auto insurance), then add a page in your packet that explains it. You can get as detailed as you wish with cover pages. I got REALLY detailed. Some people have been successful with no section cover pages. My personal opinion is that the more organized your packet is, the easier it is for the Case Officer to find what s/he is looking for.

Good luck!

Sukie in NY

I (the permanent resident) might have had my husband (US citizen) as beneficiary on my yearly profit sharing from my former job. I will look this up and include this part if I can find it.

My husband just chose not to contribute for his 401K since it was relatively a small amount and he saw it pointless to do so. My former employer offered full coverage for health insurance so I wasn't in my husband's health insurance plan. We just wanted to save money. We were trying to add me in his work health insurance after I left my job, but we couldn't since we missed the deadline already

I will definitely organize my packet more detailed. I am just more an organized person when it comes to this!

Thank you Sukie!

Hello Everyone,

I was looking for subject for I-751 July 2016 filers but couldn't find one so I just started a new subject. Can anyone kindly check our cover letter and comment?

I also have some concerns here..

• I see many other petitioners having evidences like life insurance or 401K, and this is something we don't have. Life insurance.. it never crossed our minds that we should have one. We are just a married couple who don't really plan ahead much and spend money on travels and funs mostly. I start to panic and wonder if the lack of such evidence puts us in a bad position. Does it?

• I am think to make a cover page for each category with title (and brief information, if necessary). For example, our auto insurance showed a different address from our permanent address. We used a temporary address when we purchased auto insurance at the moment and have used it (for about a year) prior to the move to our current address. We have updated it to our current address since we moved. But neither of us has resided at that temp address before (It was a friend's address.) Would this be an issue?

I am greatly appreciative for your help!

Below is our cover letter. Please kindly comment! Thank you

-----------------------------------------------------------------------------------------------------------

7/6/2016

USCIS California Service Center

P.O. Box 10751, Laguna Niguel, CA 92607-1075

RE: I-751 JOINT PETITION TO REMOVE CONDITIONS OF STATUS ON:

Conditional Resident: xxx, A#

U.S. Citizen Spouse: xxx

Dear USCIS examiner:

Enclosed please find a JOINT I-751 petition for removal of conditions of permanent resident status regarding my wife, xxx. My wife entered the US on Student F-1 visa on 08/08/2006 (Question: This is the very beginning when she entered. She flew in and out many times throughout the years. Should the date here be from the very beginning when she entered or the very last time before she got her GC?) We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my wife.

I am enclosing the following:

• Check of $590.00 for form I-751 ($505) and biometrics ($85), payable to U.S. Department of Homeland Security.
• Completed form I-751, signed by both xxx and xxx. We are filing this petition together.
• Copy of xxx’s Permanent Resident Card (I-551). Front and back.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• Copy of the joint tax return for tax year 2014 and 2015
• Copy of joint Chase bank account monthly statements
• Copy of joint Chase Sapphire credit cards & monthly statements
• Copy of 2 lease agreements from 2 apartments showing both names on leases since 2013
• Copy of joint renters insurance policy
• Copy of small business, xxx, opened jointly
• Copy of joint auto insurance information & cards
• Copy of driver’s licenses showing same address
• Copy of DMV registrations and bills showing updated address
• Copy of AT&T cell phone bills on same account from various months from 2015 to 2016
• Copy of joint AAA membership information & cards
• Copy of utilities bills showing both names on account
• Copy of our airline itineraries to Taiwan in 2015 and 2016
• 2 original Affidavits of Sworn letters by friends that know us well, attesting to our relationship and marriage
• Photos of us with brief description from various occasions from 2014-2016
• Junk mails showing both live at the same address

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Warm Wishes,

U.S. Citizen Spouse

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Thank you everyone! I think I will just do it on my own! It doesn't seem that hard. I will come back with questions if I have any! Thank you!! Good luck on all of you as well!

Hello everyone,

This is my first time posting here.

My husband is an US citizen by birth. My conditional gc expires in 40 days. I was out of the country for 4 months due to family emergency and have just returned a week ago. My husband and I are putting all the evidence documents together at this moment and hopefully to send it out this week. I think it's pretty simple and straight forward but my husband thinks it's safer to hire a lawyer. 2 years ago, my lawyer told me it'd be optional to hire him again in removing condition. Would you recommend hiring a lawyer for this process? Or can we just mail it out on our own? The lawyer is charging $1000.

Below is a list of documents we will include:

• Joint apartment leasing
• Joint bank account
• Joint credit card
• Joint auto insurance
• Utility bills
• Tax return filed jointly both 2014 and 15
• We started a company together last year. Unfortunately we didn't do well because we were both too busy on our main job so had to close it this year, but we will include this as an evidence.
• Airplane tickets showing we went back to home country together. (if we could find it)
• Some photos

Here is another question - The only thing that we never had jointly was health insurance. Would this be an issue? I have always had my health insurance with my former employer until 1/31/2016. My husband landed at a new job in December 2015 and asked me if I wanted to be added to his company health insurance. I decided not to because it'd be extra money for us at that moment. Unexpectedly, I left my job at the end of Jan 2016 and was too late to be added to his policy then. Is it okay that we just skip the health insurance part in the documents?

Lastly, I am currently unemployed. Do we have to include Affidavit of Support in the document?

Thank you in advance for reading and answering my questions!