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About mr-mrs-hdc

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    Philadelphia PA
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  1. Hi all, just wanted to post that even if your driver license is expired. They will accept it as long as it has not expired more than 3 years. Figured I'd post here since a lot of us have extension letters etc. And sometimes these things happen. No questions were asked and they knew exactly what to do.
  2. My lawyer I believe sent a letter with our case number saying the divorce was in process. But the actual immigration case was amended at the interview. As my IO wondered where my ex-spouse was when we walked into her office. Everything went smoothly....
  3. I believe that the correct course of actions would be that you would have to amend your application to a divorce waiver. You would need to have the divorce decree though for this. Or they will send you an RFE asking for it. I'm not entirely sure what my attorney did, but it looks like we filed for a divorce waiver without the divorce decree. As I had gotten an RFE requesting the divorce decree. My thought would be that you would amend it to a divorce waiver and give them the information of the open family court docket that shows the divorce is in proceeding but has not yet been finalized. And as soon as you get the divorce decree you would send them the certified copy. I would honestly double check with an attorney to make sure that this is how you go about it though. As i'm not an immigration expert.
  4. I double checked my application. I stand corrected. And i'm sorry for giving incorrect information. STEPS TAKEN: If you are separated and planning to divorce you should file with divorce waiver. You will then receive an RFE for the divorce decree. Timeline for this was: I sent my application September 10, 2020 . RFE was dated March 9th, 2021. And the deadline date to respond was June 4th, 2021 Hopefully by this point your marriage would have been dissolved. In my case, it was not. My lawyer sent a statement with the open divorce proceedings showing intent to dissolve the marriage. This was enough for my I-751 to then wait for an interview (My interview was late March 2022). My Marriage was dissolved in early January 2022. (I hope the timelines will help you see how this happened). Just an FYI: I still provided proof of our marriage up UNTIL our separation. At the interview we provided the the divorce decree. As I said above, I would highly suggest retaining a lawyer to deal with this. As I do not have the letter that my lawyer sent for the RFE. Or I could give an example of what to send.
  5. The issue here is that. If you are separated. You are still legally married. If you file a divorce waiver, you will get hit with an RFE that you cannot respond to. This could end up playing out worse for you. As you cannot respond to the RFE in the time period, and your application could be considered abandoned. It's not concealing information if the divorce has not been finalized. You are legally still married (as much as you do not like it). FYI. I filed a normal ROC while being separated. My lawyer filed it as a normal ROC, because we did not have a finalized divorce decree thus I was not eligible to file divorce waivers. We amended my petition at the interview to divorce waivers. No issues at all, approved on the spot. If OP feels confused in the process, they should hire a lawyer to handle it.
  6. Interesting thought. The basis is on bonafide marriage. You are still legally married to your spouse until the divorce happens in court. And you get the divorce decree. If your ROC is approved before you get the divorce decree / court date. The officer considered the marriage to be bonafide and saw no reason to conduct the interview. Just remember that when filing for naturalization that you can no longer file on the 3 yr rule, but have to wait 5 years.
  7. As long as you are still married you can file for naturalization at 3 year mark with an open I-751 case.
  8. If you divorce before your Removal of Conditions time window and have the divorce decree. File a divorce waiver. If you are still waiting for the divorce decree and your time window has opened you will file a normal Removal of Conditions, but you will amend your petition at the interview when you have your divorce decree.
  9. If you are doing a I-751 with a divorce waiver. you will need your divorce decree. The divorce decree needs to be a certified copy. Make two copies. One for you to keep and one to give to the IO to put in your file. Just wait until your interview, and you can amend the filing on the spot. Hope this helps.
  10. I got an immigration attorney for my filing. I think in the end it was worth it. (I have the means to pay for it). There was a lot of external stress from the divorce, etc. So having someone take care of all of the filing etc was just one less thing I needed to worry about. Do you need one? No. Is it nice to have. Yes.
  11. I adjusted my petition for the divorce waiver at the interview. No need to pay any fees again, etc. Be sure to have your divorce decree. You will need a certified copy (the stamp on it). Bring one for them to put into your USCIS file, and obviously keep one for yourself.
  12. Just recently went through this. we amended my i-751 to a divorce waiver at the interview. - Asked for a certified copy of the divorce decree. (they took the photocopy version). - Asked why the marriage broke down: If they ask about this, I would try to think about how to describe this other than "breakdown in marriage or irreconcilable differences". As the officer may accept that answer, or they may want more of a detailed explanation. So be prepared for either. Be tactful in your response, this is not a therapy session. No need to berate or degrade your ex-spouse. Then they will run through all the questions in your forms. Lastly don't over-think it.
  13. As others have stated, this isn't necessarily your issue to deal with. The onus falls on him to figure out the filing. He will need a divorce decree to proceed regardless.
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