Kaleb8082

Yes, that’s what I’m worried about. She already has a lawyer and he has warned that this is a possibility. That’s why I’m trying to see if anyone has done this before or if she has any options. If it does get denied, doesn’t Shane have the option to file a solo petition with a divorce waiver? Once the divorce is finalized that is.

From what I understand from the lawyer is, if we can’t get a the divorce finalized in time for the RFE, then USCIS will simply cancel the petition. Won’t that cause her to be put into removal proceedings?

My wife and I are currently separated and in the process of finalizing the divorce. I filed for separation a while ago, but we ended up trying to reconcile during the mandatory waiting period. This included counseling. Because of that, we did not notify USCIS of the separation at the advice of a lawyer. But now we decided to proceed with the divorce and I sent a letter to USCIS requesting my name be removed from the petition. But her lawyer is now very concerned. He said that once they process that, they’ll send a RFE for the divorce decree. But being in California, she likely won’t have it in time. So he said her petition will be denied and she could go into removal proceedings. This is a nightmare. I don’t want her to get deported. I just wanted use to go our separate ways. What are her options at this point? How can she avoid potentially be put in removal proceedings?