InhaleExhale

Ok so sorting through what has been posted-
 
First- attempting to give someone a timeline of what to expect when filing with a divorce waiver depends on various factors specific to their case. In your previous thread I went over some scenarios specific to you. I wont repeat everything there (go back and re-read) but you seem to have the misconception that you are going to be required to submit the divorce decree in 87 days from when you file and that is not true. The important things to understand:
You would file before the window closes (which your window seems to be Feb-Mar-Apr, so it seems you need to make some kind of a decision now since you need to file very soon). You can either file as joint (and then later amend it to waiver or remain as joint) or file as waiver right now. If you file as a waiver right now you would check it off as divorce waiver even though you arent divorced nor have you filed papers for divorce. You then need to start the divorce process asap. Your package will be sent to the lockbox/mailroom where they will open it and check it for basic things like you signed it and included payment. They do NOT look at any of your evidence. They do not look for the divorce decree. Your case will then sit and wait for an Officer to get to it. This typically takes many months. When the Officer does look at it they will see you did not send the divorce decree. They will then RFE you for it. You have 87 days to send it back. If you dont have it by then (which you may or may not depending on how long they take to look at your case/how long the divorce takes- but 7 months sounds reasonable for you to have it. A conservative timeline would be you send in your package and apx wait 6 months (min) 9 months (average) 12+months (extended wait) for the RFE asking for the decree. You then add 87 days making it apx 9 /12/15 months respectively before the decree needs to be in your hands. It seems very likely you can file as a waiver now and obtain the final decree before the RFE deadline. 
 
Now if you dont have your divorce decree by the RFE deadline it is OK. You simply respond stating such to the RFE. You then will be placed in the queue for an interview to be scheduled. You may wait in the queue for an interview slot for many months. The min time they give you when issuing an interview is 20-30 day advance notice but I would be shocked if you were given a slot so quickly. Keep in mind COVID has caused significant delays and there is a backlog of cases and interviews they are trying to get through. On average people have historically waited 2-4 months for interview slots. Currently people are waiting 1-2 YEARS in some places. A quick search shows Fresno is not one of the offices with an extended delay. It seems they are one of the faster offices and that USCIS was actually sending some of the cases from other offices there to help with processing overall. Things are always changing with USCIS and they often shuffle things around so whats 'current' right now may not be how it is when they get to you. So even looking at the min amount of processing time I do believe if you file as a waiver and promptly file for a divorce you will in fact have your decree in time to respond to the RFE- if not then most likely you will have it for the interview.
 
Worst case you dont have it for the interview- you can attempt to reschedule the interview (if its a matter of days/weeks for the decree to be issued). Or you attend the interview and they interview you and hold your case in a 'decision can not be made' status and give you an RFE for the decree which would give you an additional 87 days after the interview to present it. Super worst case you still dont have it. Again this is OK. You dont lose status. Your case would be denied by USCIS . Now thats a soft denial- meaning you dont lose status, its just USCIS can not approve you w/o the decree and they can not hold your file waiting for it. So they have to mark it as denied in their system and send the case to the court. You then bring the decree to the court. If you dont have it by the first court date you tell them that and they will give you all the time you need to obtain it from the family court. 
 
The general goal is to try to avoid having to go to court and file things in a way where you will have your final decree either in time for the RFE response or at the interview at the latest. But if you have to go to court then you have to go. Its OK. Many people need to do this. Its not a big deal, its just an extra expense and time (and stress). 
 
But please understand they are not going to send you the RFE asking for the decree and then a NTA when you dont. The process is described in the memo which is very wordy and can be confusing to read. Its basically RFE-interview-court. So in order to stretch the process to give you the max amount of time possible you would send you package close to the window closing rather then right when it opens. (make sure you file before the expiration date! Mail with a tracking number allowing a few days for postal delays/weekends). You can not control how long it will take them to look at your package and get the RFE but you can look at recent filers timelines or the monthly filers threads to get an idea of how long people are waiting presently. Once you get the RFE if you dont have the decree- again you wait until the RFE window is near closing to send your response back- again mailing it with a tracking number allowing a few days-1 week for postal delays, so probably mail it on day 77-80 of 87 as an overnight that way if it is unexpectedly lost you have time to resend it on day 81-82.  You then wait for them to process your RFE response. They say to give them a min of 30 days to actually get your response from the mailroom back into your case file and then an additional 30-60 days for the Officer to review your response and resume working on your case. So it can take 30-90 days from the time they get your response for the next step. The next step is the Officer will set you for an interview because as the memo explains they do not have enough info in your case to move forward with a denial or approval so they interview you to gather the information needed to approve or deny the case. You would be entered in to the system queue to wait for the interview slot at that point.
 
Ugh. I know I said I wasnt going to repeat everything and I kind of did! It just seems you are reluctant to file as a waiver because you are scared you wont have the decree in time. This is not a valid concern. USCIS understands that some family courts take a long time to issue a divorce decree. In some conservative areas you are required to have a min 1 or even 2 year separation before a divorce is granted! (crazy right?) So USCIS has various policies in place to account for this. Those people are not just 'out of luck' because their divorce takes an extended period of time. Its always best to live your life as you choose and trust the fact that USCIS has a special but perhaps 'less used path' for you based on your circumstances rather then trying to live your life in a way where you can stay on the 'common path' most use. 
 
So if your hesitation to send a divorce waiver package is because you are afraid you wont have the decree in time- please understand that is not a valid concern. There is a process in place for these scenarios. There are many users here who can and will walk you through things as they occur in that scenario. You are not the first who is in this situation and you wont be the last. Most importantly you are not alone. VJ is a tremendous resource where you can find support and advice and answers to your questions or reassurances of your doubts. 
 
Im not sure though if your reluctance to file a divorce is 100% because of the fear of not having the decree in time. I suspect you are using that as an excuse to not file for divorce and I understand filing for divorce is hard. Just dont confuse the reasons why you are not filing- otherwise you are going to get responses like I gave you- explaining why you are incorrect in thinking there is no time to file so you are better off filing joint. 
 
In some cases filing joint (even though you are separated) is a good option. For your situation I do not think it is and I can break down why. Filing joint is a good option when a couple breaks up amicably. They are 100% on the same page. They are still on good terms. They have a deep friendship still and respect each other. The spouse is fully prepared to attend an interview and support the 751 petition. They are prepared to answer tough questions and have no desire to 'throw you under the bus'. They are firm in their belief that the relationship was legitimate and will not be baited by the Officer to say otherwise. 
 
From what youve posted none of that seems to be the case. You have described an incident/incidents of verbal abuse. His statement does not exactly line up with yours. You are living separately and both seem to be moving forward in your lives independently.  You are unsure if he would even appear at the interview and if he does you do not have 100% confidence in what he would say in it. All of these are huge reasons on their own to NOT file jointly with him. 
 
I also wonder why he is not moving forward with a divorce? Sometimes people will try to delay a divorce attempting to cause problems for the spouse who needs to file for ROC. Other times its more malicious where they pretend to be on board just to appear in the interview to sabotage you. Now you may say oh no thats not him but are you sure? He clearly is not the person you thought he was or else you wouldnt be separated...Time also changes things. What happens if in the 1-2 years you most likely will be waiting for your ROC to process he gets a new girlfriend? What if you get a new boyfriend? Will your relationship with him still be the same? Will he still be supportive? Because if things do change and you need to switch from joint to a waiver you most likely wont have the decree and will end up in court. Are you prepared to gamble on him? Just from what you said about things I wouldnt. You said you believed you guys were working on the relationship up until fall of 2020 where he is saying he checked out Feb 2020. So that means between Feb and the fall you were on one page and he was on another. You had no idea right? So what makes you so sure he is on the same page with you again? Clearly you guys can be on two different pages and he is either not being honest about it or you are in denial. 
 
Now if you are insistent on sending a joint package please be aware that at any time you can switch to a waiver. Also at any time he can choose to remove himself from the joint petition. If either occurs it will dramatically change the approximated timeline described above (most likely accelerating it in needing the decree). So by filing with a waiver now you ensure you get the max time possible rather then thinking you have a plan that is ripped out from under you leaving you to pick up the pieces. Because your marriage is clearly over the smart thing to do is file with a waiver now so YOU CONTROL things the most you can. There are also various bits of policy that benefit you from filing with a waiver- like the fact that with a waiver they can not speak to him, they wont want to hear anything he has to say if he attempts to contact them. Its related to confidentially rules. Now if you submit a statement from him in your waiver package then you are opening the door for them to speak to him to confirm what he wrote. He can send a supportive letter in your package and then later recant it. So you need to think long and hard if you should open a door allowing him to have a say in your ROC or not. Its usually better to NOT open that door. With a joint petition you both have an open door and you can attempt to later close the door on him but anything he said while the door was open will be in the file and looked at. If he decides to storm out slamming the door behind him you will be left with the damage he caused on his way out. 
 
As for the general questions you asked- I agree with mindthegap about not including that particular policy wording. Sometimes when people quote policy like that it can appear they did a bit too much research. Officers generally do not like being told how to do their job or what the policy is. When being stopped by a cop in a traffic stop its never a good idea to start quoting them statutes or suggest what statutes they should be considering when writing you a ticket or not.  The best approach with USCIS is to understand what is required/what you need to establish and simply present it to them. Later if there are any issues about how they interpreted your evidence or applied case law you deal with it. You dont lay out the specific case law upfront and explain why you qualify if that makes sense because again most Officers are not going to respond well to you telling them how to do their job. With that said though there can be times when you need to reference specific case law in your package- so if you are going to file jointly you can include the memo that says how they can approve you as joint even though you are separated. (you know which one). Just dont make a big deal about it or refer to specific parts of it. Just a general mention of it being included for reference. So basically in your cover letter explain how you are separated but filing jointly because you are still legally married and able to file jointly and be approved as such as per the memo dated/titled XXX attached for reference. 
 
For your other evidences- pictures need to be labeled with date/time/location/names of people in it/general explanation of what they are looking at even if it seems obvious it is you guys in front of the statue of liberty. You can print out several pictures per sheet of paper and write underneath them. Make sure to include your A# and name on every piece of paper you send- that means photos, bills, letters, etc. It is very easy for things to get misplaced. You can also number every page in your package using the page 1 of 200, page 2 of 200 style so again nothing will be overlooked. 
 
Often ROC packages are very large. You want to send at a min all your tax returns. You want to send bank statements and bills. Some people only send a few and its ok, others are given RFEs for not sending it all. Personally I would send it all. That means every statement from marriage date to present. Yes, its a lot of paper. 2-3 years of monthly statements for various accounts and bills can be quite a stack but thats ok. They will be ok with getting a stack of whats best described as 'hard' evidences - meaning financial type documents... Now as for personal evidence like photos/texts/social media-- well thats harder to determine how much is enough and how much is too much. Your affidavit in general should be around 2-6 pages ideally. Anything longer and no one really wants to read so much honestly and thats saying a lot coming from me who tends to write at length! lol. Here is a link to a post I wrote not so long ago that may be of help to you-  https://www.visajourney.com/forums/topic/758354-for-i751-affidavit-of-support/?do=findComment&comment=10401964 It explains (specific to that user) how to draft a ROC affidavit and how to tie in personal type evidences when you dont have much. It also lists out the 4 things you want to show for ROC (-1) lived together, 2) shared financial responsibilities 3) shared life experiences 4) planned for the future together) So perhaps read through that and re- evaluate what you have making sure you touched on all of it evenly and that you highlight what needs to be highlighted or explained based on your specifics. 30 pages of bank statements are useless if its not clear what they are showing...(also dont use highlighters literally as explained they dont scan)
 
The bottom line is USCIS does not care if you had a happy marriage- they care if the marriage was legit (not entered for benefits). They want to see that you entered the marriage in good faith- meaning you need to show that you tried but it just didnt work out. That you did things during the marriage with the intentions of staying together- that it wasnt simply lets sign this marriage certificate so you can get a GC and create enough financial based paperwork to get approved. You do not need to show every single moment of the breakdown- just enough to establish what happened. 
 

Nobody cares about the order of your photos or bills as long as they're in a row. Start with the newest or the oldest. It really doesn't matter 😉😊

No, by ‘too much’ I meant I’ve been doing too much of this damn immigration stuff recently (due to my recent case updates) as I know policy memorandums by heart at this point 😂

 
Regarding putting that, I would not, as you have no say or influence on the matter. It does come across as a little pushy yes - correct or otherwise. They will waive it if they feel the evidence provided merits that.  

Factual, and truthful, but without being too elaborate. Less is more. They know that statistically marriages don't work out. 
They aren't assessing the marriage - they are assessing YOUR intent (not his) to create a life together and that it was a genuine marriage not entered into for the purposes of circumventing or evading immigration law. 
 
 
They are entirely subjective, so to a point, not really. 
 
For my most recent filing I put in screenshots of my former spouse messaging her drug dealer, so sure.. if you think it will help build up a picture of the state of the relationship it may help. 
 
Whatever you feel comfortable sharing. The very existence of proof of marriage therapy would arguably be sufficient - you can censor appropriately.
Again, they aren't adjudicating the marriage and there is no requirement to share intimate details. 
 
Yes
 
 
Newest first makes sense don't you think?
 
Unless you are low on ink or paper just print the whole thing - double sided if neccessary.
 
Yes.
But be aware that they scan them in, and highlighters don't scan properly if at all - I can clearly see the result of in my FOIA response - all the highlights I put on bills and stuff is not visible AT ALL.
So, with that in mind that they may be viewing the originals or scans, best to circle/underline/arrow as well. 
 
Not sure it really matters - as long as they can identify you both.
 
Yes
 
No. Not in any way wise. It has nothing to do with you - that is up to them. 
I know i've been doing too much of this....as I immediately knew which memorandum you were quoting just from the PM number 😑 as I quoted chunks of that vert memorandum in a recent motion. 
 
 
 
I also have to say I think @Villanelle is speaking sense here....all you need is for it to turn ugly, false allegations made and you end up in the situation I have found myself in for the past six years.
 
 
 

Are you divorced yet? I do remember your thread from last summer where a lot of scenarios were explained to you. If you are going to be sending a joint ROC (because you are still legally married and he wants to file it with you) then you can- BUT you must disclose somewhere in it that you are currently separated. You will almost 100% have an interview if that is how you are filing. He must attend the interview and be supportive. Because you stated there are  'differences in opinion' on how things broke down - I would not recommend filing jointly. You need to have 100% trust in your former or soon to be former partner to file joint ROC when separated. People have done it, its not a problem of whether its 'allowed' or not- the problem is when filing jointly the petition is both of yours. They will take into account things he says. He can change his mind from being amicable to being difficult during the very long time it takes ROC to process- and if he does then what? Where if you file a divorce waiver he has 0 input in it. Of course you can open the window for them to speak to him by submitting a statement from him in your divorce waiver package, but again I would advise against such if you are not on the best terms right now. 
 
Divorce can be hard. Dont make it harder by delaying it if its been decided. It seems you have already separated your assets which is usually the hardest part for people- so its just a matter of paperwork.

When you are at the interview try telling the officer this:
”If you don’t have the experience or authority with these please leave me and my waiver alone and refrain from making any comments”
 
It might work wonders I bet. 

Are you implying other members without a lot of experience on VJ can be insulted? That’s the inference from your statement.
 
You do know that a lack of tenure on VJ doesn’t imply a “newbie” lacks experience in immigration matters?
 
Smh

I'm not sure what sacrifices your referring to. As I said, I will not get in to a back and forth with anyone about vaccines. And I was quite clear that I wanted to connect with someone who's been theough the moral or religious exemption. I can Google much information myself and already have. I didn't come here to get any other information than this. I was specific in my request. It's not that I 'didnt get an answer I wanted', I didn't get an answer. My question was to connect with someone who HAD denied additional vaccines. That person didnt mean reply. 

I'm not getting in to a back and forth with anyone, attitude cannot be written into text, only perceived by the reader. I only want to connect with someone who has actually been through this aspect of the process. 
 
So far this experience leaves me completely indifferent to bring deleted. Doesn't bother me a bit. This question is literally the only reason I joined this community at all. I'm Canadian, he's a US soldier, outside of this aspect, the process is seemless and straightforward. If I cannot ask and receive only feedback from those I've inquired to hear from, this platform ceases to be of value to me.
 

I asked, I didn't tell. There's a difference. Much like there's a difference in respecting someone's original ask and ignoring it.
 
As I said, feel free to delete my account. I thought it was a place I could go to for specific questions, connecting with people in the exact same situation as myself.. not general information the same as I can read myself doing my own Google research.

Hello all, if this is posted elsewhere, please just help me find it. I'm Canadian, at the beginning of my Visa journey. I have my childhood vaccine record and likely won't need any. However, since becoming an adult and in charge of my own medical decisions, I am philosophically opposed to vaccines. There is a grey area around the TB shot (not required in my age group, I'm 36). But depending on when my medical is the flu shot could also be required. Not to mention when they'll add a C-ov-id vaccine to the list. I've done my research, according to the immigration website I can in fact decline on philosophical grounds. I simply have to write a testimony as such. I'm having a very hard time finding any one who has chose to go down this path of exemption on philosophical grounds. 
 
I'm not looking to debate vaccines in any way. I'm Pro-Choice. Just looking for any one who's written such a declaration and what they put in that letter.
 
Thank you in advance to anyone who can help.
 
Jesse
 

Thank you ☺️
 
I appreciate your kind words. It's actually harder now seeing him online. I really want to be with him yet know to do this the legal way, I must wait and endure like everyone else, believing this will make the reunion that more special once its all approved! 
 
This is what the lady asked me. I must admit I was a bit nervous and gave my address number mixed up! 
*What's the address where you are?
*Is this your DOB?
*Are you experiencing any symptoms since you returned or today?
*Do you have enough supplies and food for the duration of your quarantine?
*I'll send you a link and two numbers you can call for any questions you may have.
 
You know, I thought about that. What if I tested positive? I left Canada a few short days after they implemented the need for a negative test prior to boarding the flight to Texas. I tried to not let it dampen my trip and it didn't. 
 
The latest that Prime Minister Trudeau is saying is ticking me right off! Cancel any travel plans and no Spring Break? If people leave the country and return they may have to quarantine at a hotel and not transit home? 🤨

Congrats on finding your love ❤️
This is just insane. I am so sorry you have to go through this :/!
What does the covid-police say when they call?
What happens of you test positive, who pays for your extra expenses if they won't let you board a plane despite the inaccuracies and inabilities of said test?

Why exempt when the vaccine only makes sure the recipient has lesser symptoms. It doesn’t prevent transmission of COVID or even getting it. 

Well if everyone that feels safer and that they will not get it if they get vaccinated, why should they worry about those that do not take the vaccine? How long will it be before you can pay off doctors to say that they gave you the vaccine in order to get this proposed "vaccine passport"?

Spotted today in Hollywood:

The vaccine is not experimental.  Coronavirus vaccines have been worked on since 2003 and then stalled out around 2015 or 2016 when the funding ran dry as certain people thought it would never become an issue.  In March of this year, they have just started where they left off previously and made slight modifications to the current coronavirus.  If this previous 12-13 years of research had not been done, there would have been no vaccine for many years.  The vaccine that is coming out now is safe.

Just make sure you land in like Narita and don't have to transfer to Haneda or vice versa,  Last time I looked they were doing that on some flight, I think the bus/train ride is like 45 minutes.
 
That's not a bad flight at all, and Japan Airlines seems to have much better food compared to AA.  For sure the flight attendants on Japan Airlines are younger, sexier and much more cute than the wildebeast old fat hags they have on either American Airlines or Delta..

Another reason to just do this process on your own, it really isn't hard...of course you have some case that needs a lawyer. And saying you just don't want to bother doing the process is a bad idea because there is so much that you have to do personally that you better at least have a good idea with the process in hand instead of leaving it for someone else. I know this is getting side tracked but look at all the mis-information being told by these reportedly so called expert immigration specialist, just not worth it in my opinion. 

Assure them of....what...exactly?  That they may or may not stand the possibility of being picked up and deported?  That they may or may not have to look over their shoulders for years in fear of that?  That they may or may not ever have to travel to their home country for emergency purposes and then be trapped with no legal basis to return?  That they may or may not have to work illegally to help support their family later on?
 
Like you said, everybody's situation is different.  It worked out for your wife in the end, the next person may not be as lucky.

As someone who for a decade was out of status and therefore deportable, I thoroughly do not recommend it. Even today I will still have the occasional nightmare about those times. 
 
It was 100% my fault, but I would never put anyone that I purportedly loved through that kind of uncertainty. 

I don't see any harassment. I just see warnings to others as to why they should avoid getting to the same point, and pointing out the risks involved.
 
I'm glad she never had anything to worry about.
I'm glad there there was no way you could have become sick, injured, or worse.
I'm glad there was no way she would need to travel abroad in 5+ years.
I'm glad there was no way you would break up.
I'm glad there was no way she could have had an encounter with ICE.
Having so few worries is a wonderful thing.

Thanks for sharing your story. I'm sure it will be reassuring for those who are in similar circumstances and filed AOS late (not just everybody telling them it wouldn't be an issue already).
 
That said, it does need to be made clear that it is very unwise to wait so long to file for AOS:
Inability to work or travel abroad (and return). Emergencies do happen. Luckily none happened in your case. Being out of status (91st day onward) is never a good thing. She never got caught. Not everybody is so lucky. Even if ICE doesn't pursue removal proceedings, the detainment and followup experience is quite unpleasant. And costly if they do issue an NTA. Had your marriage not worked out, she would have no means to stay in the US and also have had a 10 year bar upon exit from the US. It's irresponsible to risk putting somebody through that. Nobody plans for a marriage to fall apart, but leaving somebody in that position in case it does is not a good situation. Delayed eligibility for citizenship.

Did you even read the post!? 
I did not ‘just’ marry with no mention of adjusting, I had COMPLETED the AOS pack with a signed check on time but I made the monumental error of waiting for my husbands 1099 tax form to be resent to the correct address. This meant I was just over two weeks late after also having issues with my marriage licence going awol directly after the wedding, I had proof of both issues. I was trying to go through the ‘proper channels’ as I had the whole K1 process.
 
I have just served 5 weeks in jail, I am now fully aware of my mistake here of not realising the I94 was what I should have been looking at, not the steps of the K1 on USCIS which did not imply filing in he 90 days, only marrying.
 
I had not been on Facebook seeking legal advise as someone implied either, I came out of jail and looked up the sources of what I know is now dangerous bad information, such as VisaJourney, and included it in the post to simply warn others. Visa Journey BTW stand by the fact you CAN file after 90 days, yes you probably can but if you show your id to law enforcement you could be in my unfortunate shoes which is very distressing and upsetting. 
 
At the end of the day, noone is going through this but me, I am trying to warn others and not looking for sympathy. I feel bad enough as it is that this has happened when I thought I had done everything right. I know numerous people who filed after 90 days without issue but none have had to show ID to encounter the consequences, the consequences we know know are jail. 
 
I filed my completed AOS through the court last week with amendments by the lawyer to say I now overstayed and had been arrested. The signed document I had completed was used with dates within the 90 days as I had fully intended to post it but waited on the tax form. I was not actively looking to overstay as many are implying. 
 
I have been to the US over 17 times and never overstayed during my relationship, I understand most ‘mumbo jumbo’ on the forms and on USCIS website, but I am still not seeing a clear part on USCIS about the I94 expiration date and the K1 and this was my downfall. I am not the only one to misinterpret this reading elsewhere. 
 
I am not replying to many more posts on here, I feel bad enough right now and was simply warning others to make sure they file in 90 days no excuses. Just send it even if you will get an RFE as I wish I had as it has cost me EVERYTHING. There is not more to this story as others have implied either, i was not driving, I was not committing any crime, I have no criminal record, I am just unlucky to have showed my documentation when asked. 
 
Jail in the US is no joke. ICE did their job which will delight some people commenting and I agree with them, I have also however spoken to real people detained for being illegals with NO paperwork or any visa and have changed my own opinions on that. Some of the reasons people come to the US are horrific, I understand a little more as to why those people are risking their lives to do so but in my case I moved for love and was doing what I thought was the right thing or I would not have had an approved K1 to enter on in the first place. 
 
I hope noone else has to go through anything like this, I am not perfect and make mistakes and some it seems are larger than others! 
 
 
 
 
 

This is true, but they can ask for ID if they have "reasonable grounds of suspicion." 
 
Any passenger, or any person who is not driving or flying really, can do the "am I being detained or am I free to go." In theory, a passenger would be free to go, and they could go. 
 
In practice, that makes the officers suspicious, and even though being suspicious of not being provided ID is not valid grounds to detain a person, exactly that has happened before. You're free to sue the police department and the individual officers for wrongful detainment, but you know how that goes. 
 
Add this to the fact that only US citizens are actually protected by the rule, and non US citizens do have to carry ID at all times, there isn't much you can do. The only hope is that the officer isn't being an *******--but that's just my opinion and maybe others disagree that this is an ******* move.