cute-cactus

 Hello @Damara, 

Yes, my husband and I are separated/soon filing for divorce and filed as joint/together (However we still live together and we plan to live together for a little bit in the house we bought together for financial reasons). I haven't notified the USCIS yet because the divorce announcement happened a few days ago and I am still "digesting" it.  

Could you please give more details about "You can be approved on a joint petition if you both show up and both wish to remain in the joint petition"? 
My soon to be ex-husband agreed to continue to support our joint petition and even to write an affidavit. I was wondering in the case of an interview if the immigration office would ask us the exact reasons why we got a divorce or if the "irreconcilable differences" is enough for the immigration officer and the USCIS.

On 3/8/2018 at 8:11 AM, Damara said:

You can be approved on a joint petition if you both show up and both wish to remain in the joint petition and have sufficient proof of the relationship. It doesnt matter if you are now separated or pending divorce in this case.

On 3/8/2018 at 8:11 AM, Damara said:

Or you can decide that you dont want him involved in the process any longer or do not trust him to attend and not say something bad- so you would include in your letter a request to switch to a divorce waiver. As stated no one knows how long it will take for them to RFE you for the final decree. You may end up in immigration court having to present it. But its not a big deal.

2

So if I don't get the divorce decree on time, I will only go to the immigration court to present to the judge my divorce decree? Immigration court sounds very scary to me.

Thank you  Damara and mindthegap

12 minutes ago, cqqzj said:

If I send a letter to them right now and notify them we have separated but not divorced, will they give me REF and ask for a divorce decree within 87 days?  my problem is I cannot provide that until next year because our state has to separate for 1 year to divorce. My only fear is after they know I am separated, they will request a divorce decree within 87 days which I cannot provide, that case I will be deny the green card for sure......

 

If I send them a letter right now, what could happen,  a REF and interview? what if my husband will not go with me and I cannot provide a divorce decree either..... Thank you in advance!

I am having the same timing issue than you cqqz

• Here was my post/question about it:

• Quote

  We sent the joint petition I-751 in California, so technically, the USCIS from California should know that a divorce process takes at least 6 months to be finalized and then get the decree. 

  It is really possible to get a RFE quickly after I sent them a letter saying that we are in a divorce process? Because, 87 days are enough to provide evidence of a bona fide marriage, BUT not enough to provide the divorce decree. 

   

  Should I wait a few months before sending them a letter? In that way, it would allow the divorce to process. 

  Should I hire a lawyer? (I am a student, and don't have any income...)

  Can you really be approved in this type of situation? Is there hope?

  2

   

 @Damara, mindthegap, any insight, idea?

42 minutes ago, mindthegap said:

Correct.

When they issue an RFE for a divorce decree you have 87 days to respond. If you can't provide it then you would receive a denial, which could then potentially involve a hearing with an immigration judge.

As for when they would send you the RFE, who knows? It could be in a few months, or it could be immediately. 

 

 

 

As your husband has indicated a willingness to continue as a joint filing and support that, you have nothing to lose and everything to gain by doing just that and simply informing them of this change in your circumstances.

If you get called to an interview and say, you have a big argument the night before and he refuses to come with you, then at the interview you could still request a switch to a divorce waiver at that time, and you would have to provide the decree (again, when an RFE is received).

 

 

Paging @Damara who is also fairly knowledgable about this

Wait... We sent the joint petition I-751 in California, so technically, the USCIS from California should know that a divorce process takes at least 6 months to be finalized and then get the decree. 

It is really possible to get a RFE quickly after I sent them a letter saying that we are in a divorce process? Because, 87 days are enough to provide evidence of a bona fide marriage, BUT not enough to provide the divorce decree. 

Should I wait a few months before sending them a letter? In that way, it would allow the divorce to process. 

Should I hire a lawyer? (I am a student, and don't have any income...)

Can you really be approved in this type of situation? Is there hope?

Also yes, I have read a lot of answers from @Damara but I don't how to contact him/her...

34 minutes ago, mindthegap said:

Are you on good terms, and is he prepared to continue with a joint filing and accompany you to an interview if scheduled?

The answer to this question dictates your next course of action.

Well, I am trying to not fight too much because I don't like conflict. We are arguing a little bit, especially because my husband wants to file for divorce and I would like him to wait a little until I know what procedure to follow in our situation

(I just want to follow the law and not have any problem with the USCIS!!!). 

He told me that he would come with me to the interview if we get one, and that he would also write an affidavit to support the bona fide of our marriage

34 minutes ago, mindthegap said:

1 hour ago, cute-cactus said:

Will they deny the 10 green card?

Solely because you are now separated/seperating? No.

And how about when I send them the divorce decree? (It can take 6 months in California to get the divorce decree if everything goes well) 

34 minutes ago, mindthegap said:

1 hour ago, cute-cactus said:

Should I ask a divorce waiver now?

See answer to first question.

You can continue with a joint filing if separated, divorcing, or divorced, but if called for an interview, the USC spouse MUST attend.

If you continue as a joint filing, you must simply inform USCIS that you are separating/separated and will be divorcing soon, but wish to continue as a joint filing. If you get approved as a joint filing without informing them, this could cause you  major problems later (for example, when filing your N-400 for citizenship)

 

If you wish to switch to a waiver, then the divorce MUST be final before it can be approved. This may cause issues if for example you are in state with a long minimum separation period, or where divorce is likely to take a long time, where you can't supply a final divorce decree in response to an RFE asking for it.

 

Waiver petitions are adjudicated on the evidence provided - nothing changes in that respect.

4

So writing a simple letter saying that we will start/or processing a divorce to the USCIS is enough?  If in the letter we say that we want inform them that we want to continue as a joint filing, even though they know that we are in the process of a divorce, are you sure they can still approve me? 

If you wish to switch to a waiver, then the divorce MUST be final before it can be approved. This may cause issues if for example you are in state with a long minimum separation period, or where divorce is likely to take a long time, where you can't supply a final divorce decree in response to an RFE asking for it. (didn't really understand that sentence ... sorry)

Like I said, it can take 6 months for a divorce to be finalized in California. If I understood well, asking for a divorce waiver now without a finalized divorce and a divorce decree to send to the USCIS wouldn't allow me enough time to provide evidences, if they ask me to send them evidence, right?

Thank you mindthegap for your hep, I really appreciate it. 

Hello,

I am new on VisaJourney and I am looking for some knowledgeable person that could help me about my issue. 

Here is my situation: 

I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:

- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing me as the beneficiary
-  A copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

Then:

05/2017 Notice of Action Form I-797C

06/2017 Biometric appointment 

05/2018 Finally got an update on our USCIS case status saying that our case will be transferred to a local office

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

My question: What should I do now????

What should I do/say if I get an interview or if I don't?

Will they deny the 10 green card?

Will I be deported? 

Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am heartbroken because of the divorce, scared, stressed and exhausted and I don't want to have any problem with the immigration. 

Please, any help would be welcome

Hello Andsco

Not really, my husband is sure about his decision. I am heartbroken. We had ups and downs like a lot of married people, but we had a happy marriage. Yes I will go to the interview if I get one and my husband said that he would go with me as well and that he would write an affidavit for me. What did you mean by "if they deny it"?

I just don't know what to do. My husband gave me a short delay before he fills the divorce paper. It can take up to 6 months to get the divorce decree. I have read that people ask for a divorce waiver but I don't know if it is the right option. I just don't know what to do and I don't have money to hire a lawyer. 

Any help, please?

Hello everyone, 

I need some help with my situation. I can't find any good information so I hope some of you can help me. I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:
- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing m eas the beneficiary
- Copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

I received in May 2017 the Notice of Action Form I-797C for my biometric appointment, and I did my biometric appointment in June 2017. 

We had an update on our case status on March 5th 2018 saying that our case will be transferred to a local office. 

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

Like I said, our case status was just recently updated saying that our case will be transferred to a local office. My question is: What should I do now if I get an interview or if I don't?
Will they deny the 10 green card? Will I be deported? Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am scared, stressed and exhausted and I don't want to have any problem with the immigration. Is there anybody in my situation or who has been in my situation?

Thank you