Aftershock

Hello everyone! Coming back with an update: My petition was approved and I received my 10yr gc today. (California center)

What's bizarre is that I was totally expecting a longer process. My case was a divorce waiver and at the time of application I didn't have the chance to send the divorce decree as that process was ongoing. So to my surprise, I didn't get an RFE and didn't get an interview. 

I wish you all smooth sailing and from my observation it looks like USCIS are catching up with backlogs. Bless y'all!

Hello,

I'm sorry to hear about your circumstances. I am in a similar boat and was planning to send the final divorce decree once I receive it from the court. I guess it wouldn't be much different from waiting for the RFE though.

I have a question for you ~ When you submitted your petition, did you cross the "divorced" status? I did and am wondering if I did the right thing as technically we are not divorced yet!

2 hours ago, Rome1122 said:

Hi.

I am also in the same situation but we filed jointly for removal of conditions and later got divorced and then i sent them all the documents including divorce decree but the status says they received the correspondence and they are reviewing it from last 8 months. Now my extension expires in december 21 and not sure how to get the appointment from uscis. 

Any idea where to find that information and wait times for the interview for extending the extension of conditional green card?

Thanks alot for help already.

Hey, I'm sorry you're going through this.

I don't think there's any reason to be worried. USCIS are known to be taking their sweet time.

Regarding getting your proof of extension, you would need to schedule an InfoPass appointment for an I-551 stamp in your passport. You should give them a call on the number they provided you on your 18-month extension letter. Best of luck.

Hello everyone! Here's my timeline thus far:

 

August 13, 2021 - Mailed packet to Phoenix by FedEx

August 16, 2021 - Received by USCIS

August 18, 2021 - Notification by text with Case Number

August 19, 2021 - USCIS cashed check

August 20, 2021 - NOA received to my mailbox

On 6/4/2021 at 1:42 PM, mushroomspore said:

Very sorry to hear. Actually, it's a regular question here. Since the separation process has already started, it would be untruthful to file jointly. File as "divorced" with the explanation letter that you have recently started the divorce process and the other evidence (financial mingling, cohabitation, etc). But no need to go into detail about why you are divorcing. They don't have time to read everyone's stories about that and it doesn't really matter to them why you're divorcing. They understand it happens and if they suspected you of fraud, you would know it at this point. You most likely will get the RFE requesting the divorce decree, but when it comes, you can reply with whatever paperwork related to the divorce that has been processed at that point.

Hello again, I am back with some final questions before I file my petition and hope you experts can shine some light.

Looking at the I-751 form, I was previously advised to state my Marital Status(Part 1.10) as "divorced". I am not divorced yet and therefore cannot provide a date for divorce on Part 1.13. Should I put "N/A" and explain my circumstance in the explanation letter?

AND

Is Part 8 (Spouse's Statement) supposed to be left completely blank?

I appreciate all your people's time and help. Thank you.

Thank you everyone for your suggestions. I will proceed filing with the divorce waiver.

17 minutes ago, Dashinka said:

Sorry for your problems in your relationship.  These threads may be helpful.  In your case you won't be able to include the divorce decree when you submit the I751, but that can come later.

 

 

Thank you for the suggestions, Дашинка. The first post the person gets the Divorce decree before he is set to file, so not quite like my situation.
 

5 minutes ago, mushroomspore said:

Very sorry to hear. Actually, it's a regular question here. Since the separation process has already started, it would be untruthful to file jointly. File as "divorced" with the explanation letter that you have recently started the divorce process and the other evidence (financial mingling, cohabitation, etc). But no need to go into detail about why you are divorcing. They don't have time to read everyone's stories about that and it doesn't really matter to them why you're divorcing. They understand it happens and if they suspected you of fraud, you would know it at this point. You most likely will get the RFE requesting the divorce decree, but when it comes, you can reply with whatever paperwork related to the divorce that has been processed at that point.

That makes a lot of sense, although I am wary to file for the divorce waiver before the divorce being actually finalized. According to this Memorandum issued by USCIS(see attached) I can indeed file for the waiver and pray that the RFE would come with enough time left for me to respond with the final divorce decree. The Memorandum also notes the possibility of filing jointly even if divorce proceedings have started. I am weighing the pros and cons on my options and hopefully someone else can chime in. Thank you mushroomspore!

i-751_Filed_ Prior_Termination_3apr09.pdf

Hello everyone,

As the title suggests, I am currently separated from my wife (USC) and we have filed for a dissolution. My GC expires September and the 90 day window for filing the ROC begins later this month. I have read a fair amount of posts here but couldn't quite find a similar situation.

Due to her infidelity, we have been separated since mid april, when we signed the divorce papers. The 6 month waiting period before finalizing the divorce will lapse in November. Obviously if I wait for the divorce decree until then, I'd have been out of status for 2 months. In an effort to try and avoid that, my soon to be ex-wife has agreed to file the joint petition within the 90 day window. She has signed off on the I-751 and has agreed to attend the interview if we get to it.

My understanding is that I need to file the joint petition with the list of bona-fides along with an explanation that we are separated, our marriage is over, and we are in divorce proceedings. Questions arise as to how much should I disclose regarding the circumstances leading to our separation. Should I include proof of infidelity? What if I get a RFE soon after filing asking for the divorce decree? I won't have it until November.

I understand that the best recourse would be to consult with a lawyer. I am turning to you guys here in case someone has been in a similar situation. Thank you for your time.

14 hours ago, Villanelle said:

DO NOT FILE THE 864A. 

 

You are the intending immigrant. Not a household member. Read the form and instructions. You should be able to fill it out properly showing both her and your income counted properly. 

Hi, thanks for your reply.

Could you elaborate on your opinion? The I-864A instructions (screenshot above) claim that the intending immigrant can be considered as a household member. The second example directly applies to my situation. My wife and I filed our taxes jointly.There, once again, we are considered a household of 2.

I appreciate everyone's input on this matter. I am just really confused right now.

EDIT:

Okay, so I followed your advice and read the instructions again, and you are right. According to the original I-864 the intending immigrant's income may be included and an I-864A is not required. Here is a screenshot with the instructions, if anyone has the same dilemma as me:

12 hours ago, Villanelle said:

DO NOT FILE THE 864A. 

 

You are the intending immigrant. Not a household member. Read the form and instructions. You should be able to fill it out properly showing both her and your income counted properly. 

Hi, thanks for your reply.

Could you elaborate on your opinion? The I-864A instructions (screenshot above) claim that the intending immigrant can be considered as a household member. The second example directly applies to my situation. My wife and I filed our taxes jointly.There, once again, we are considered a household of 2.

I appreciate everyone's input on this matter. I am just really confused right now.

Hi, thanks for the reply!

I definitely live as a household member, as defined, with my wife. I will make sure of adding that income to the required threshold.

I do not understand why I was fretting for so long, thinking that I cannot be using my own income as a support.

If anyone has a different experience or opinion, I'll be following the thread.

Hey guys!

I'm excited to have gotten an interview notice for September. As we are preparing and sorting through the file we will bring and present, there is a looming question. We moved cross country last year and when we filed we used my wife as a sponsor. Now our financial situation has changed and she doesn't meet the poverty-line threshold by herself.

I've always heard that the intending immigrant's income shall not be used for i-864. However, as I was reading through the forms I stumbled upon this part of I-864A (attached):

Correct me if I am wrong, but does that actually mean that I can fill an I-864A to support my wife's I-864 for myself? The income is of a legitimate source since I have been authorized to work since November.

I hope someone can chime in and give me some much needed peace of mind. Thanks!

Hi!

I'm in the same shoes. We moved cross country last year and my interview was scheduled for September. My wife, who is my sponsor, changed jobs. I think for the peace of mind we will be bringing an updated employment letter and i-864. I'm following this thread in case anyone has had a similar experience and can chime in?

Good luck at the interview!

Hi guys. I've been following this thread and am in a similar situation - my interview was canceled before being scheduled. I am reporting some movement on my case, they actually updated my case to "ready to be scheduled for interview" again. I am coming from a F-1 in case someone is wondering.