mbuk

Congratulations mbuk!

Did the IO ask any marriage-related questions, actions that led-to-divorce questions or any specific questions?

Please let us know if you dont mind sharing.

The IO asked questions of how we met and prior to going into more detail said 'In a nutshell, tell me why you got divorced'. The demeanor of the IO was very polite and I'd say engage with the IO as much as possible. Since we have nothing to hide, you're explaining what happened so don't think of it as a trap. They just want to hear your story and if it matches up with the evidence. I was in there for no longer than 15 minutes (after a 1 hour wait) but mine went very smoothly. Their backlog meant the IO did not read over my case but then talked to me to help fill in the blanks. Therefore, the approval date was strictly the same day but I didn't receive the letter until 2 days later.

Good luck with your interview Nimaan

Thanks,

mbuk

Rather than starting a new topic, I'd like to post in this forum since my approval was based upon an I-751 waiver.

It's a bittersweet day for me.

Of course, I'm grateful to remain in the US and although I contribute my skills and experience to the US, its development and economy, it's still a privilege to be in another country. I really didn't worry too much since it was a genuine case but like almost all of us in this particular area, we're here because we got divorced. This is the really sad part today. All of the hard work, hopes and dreams, endless traveling back and forth eventually came to this.I always felt that we could work something out but it wasn't to be. Recounting and reviewing the last 6 years is not how I thought the story would end.

I urge all of you to celebrate differences, not use them as weapons and communicate. Sometimes things just aren't meant to be but I'd dare bet that any cultural differences between USC's and native countries can be overcome with some hard work and effort. 'JustMeNow', I see you're the only one who filed a death waiver - this is so sad to me and I hope you get by.

Fortunately, there are many success stories on these forums and I'm happy for those that keep it together. This is more about my catharsis but if anyone reads this whose having issues then try your best to work it out.

Congratulations in advance to those who have interviews coming soon.

mbuk

I am sorry i just noticed that i wrote 17 as mt interview date , its 19 of april

how was you interview MBUK?

Hi Charlie84,

My interview went well - I didn't get an answer on the day but received my approval letter today. The date on the approval letter was dated 4/12 so the immigration officer was exercising caution. She was a very pleasant lady who was sympathetic to my situation.

Thanks and good luck to everyone else about to be interviewed.

Regards,

mbuk

And the day after I post that my case is dragging, I get notification that my interview is scheduled for April 12th. The evidence and detailed file appears to be sufficient since i haven't received an RFE. Hopefully, things will go smoothly.

My case appears to be really dragging - my timeline is way behind everyone else's. With a biometrics date of 9/3/2010 and based upon the 6 month processing timeframe, I'd say I'm behind. Maybe I'll give my attorney a call to see what's going on but congratulations to all those who've been approved.

Please add me back into the list, I got removed during the formatting:

MBUK..............07/23/10......08/06/10......09/03/10................--/--/10..(Divorce)

The processing times on UCSIS are showing as 6.0 months and my time is almost up to the 6 months period. I'll try to be patient for another 4 weeks perhaps and then call my attorney to see if he can shed any light. Probably not but I'll still connect.

Edit: It's a WAC case number so will be California service center. Thank you

Thank you! It was 7/23/10 for the sent date. Based upon this data I'd be expecting to get a touch in the next 4-6 weeks. FYI, I have an extension cover letter and the card expiration is 2011. I hope to be approved by then.

mbuk

Hi Okalian, I think mbuk is CSC filer

Moving mbuk to CSC list (To mbuk, do you remember exact sent date?)

California Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

BASKETBALLHEAD....01/25/10......02/03/10......02/24/10................03/08/10..(Divorce)

CHANCE2BHAPPY.....03/23/10......--/--/10......04/30/10....11/15/10....11/24/10..(Divorce)(Never received NOA, I-551 stamped 08/10)

MACHITA...........04/27/10......05/07/10......06/16/10................08/20/10..(Divorce)

JUSTMENOW.........05/18/10......05/20/10......09/07/10................12/23/10..(Death)

HENRY DG..........06/26/10......06/28/10......08/27/10................12/02/10..(Divorce)(RFE sent 11/18/10)

MBUK..............07/XX/10......08/06/10......09/03/10................--/--/10..(Divorce)

KAYLE.............01/08/11......01/10/11......--/--/11................--/--/11..(Divorce)

DESERTBLUE88......01/18/11......--/--/11......--/--/11................--/--/11..(Divorce)

Vermont Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

MR2100............12/23/09......12/28/09......01/25/10....07/28/10....07/28/10..(Divorce)(Approved @interview, card production ordered 8/09)

I751..............01/07/10......01/13/10......02/09/10................--/--/10..(Divorce)

OKALIAN...........01/22/10......01/26/10......02/19/10................04/30/10..(Divorce)

GOLDFEE111........02/02/10......02/08/10......04/15/10....07/26/10....08/06/10..(Divorce)

IAMWHATIAM80......03/11/10......03/17/10......04/12/10....10/05/10....10/05/10..(Divorce)(Approved @interview, card production ordered 10/13)

LATOSLATOS........03/18/10......03/22/10......04/16/10................06/22/10..(Divorce)

AMANINNYC.........05/03/10......05/06/10......07/06/10................08/09/10..(Divorce)

CHIPSAHOY.........05/07/10......05/10/10......06/17/10....01/03/11....01/04/11..(Divorce)(card production ordered 1/12)

DHSPLEASE.........06/01/10......06/11/10......08/25/10................09/08/10..(Divorce)

NIMAAN............07/--/10......07/20/10......08/20/10................--/--/10..(Divorce)(RFE received 9/16, responded 10/26)

ANDRES0603........07/19/10......07/26/10......10/12/10................11/05/10..(Divorce)

WI751.............07/31/10......08/04/10......11/10/10................--/--/10..(Divorce)

GEMINDSIMS........11/06/10......11/08/10......11/--/10................--/--/10..

OJAY..............01/08/11......--/--/11......--/--/11................--/--/11..

Hello Everyone,

Could you please add my name to the tracking timeline. My case number begins WAC and my biometrics were taken in California so I'm sure this is the service center I'll be using. My first NOA (I-797) following filing in July 2010 was 8/6/2010. My Biometrics and the last touch were taken 9/3/2010.

I feel I'm behind the timeline somewhat so I hope to hear something soon.

Thank you!

mbuk

There is actually no benefit, that I can think of, in filing now. If you file now with a waiver request then you are effectively telling USCIS that the "condition" on which your conditional residence is based no longer exists, and that you are no longer eligible to be a conditional resident, but that you have a valid basis to qualify as an unconditional resident, or that you at least expect to have a valid basis by the time they adjudicate your petition. By making this declaration to USCIS, you are throwing whatever is left of your two years of conditional status out the window.

You can approximate how long it's going to take USCIS to adjudicate your petition and send that RFE, but you can't predict it exactly. You will have a limited amount of time to respond to the RFE, once it comes. If you don't, you will be out of status and removal proceedings will likely follow. If some unforseen circumstance postpones your final divorce, and you don't send the divorce decree in response to the RFE in a timely fashion, you will have brought a world of pain upon yourself for no good reason.

It would be better to just wait, and deal with things in the order that they happen. Your status won't be terminated as long as you're not divorced yet. Once you've filed the petition, your status won't be terminated as long the petition is pending, so there's no benefit to "getting it into the system" sooner.

Whether or not you use an attorney is a choice only you can make. I've used attorneys for a wide variety of things. I consulted with an attorney before filing my K1 petition, and also hired one to help with document and interview preparation for the consulate stage. I received no revelations from either attorney - everything they told me were things I already knew. Also, the interview prep didn't really prepare my fiancee for the interview. She was only asked four questions, and none of them were among the many dozens the attorney drilled her on, except perhaps "Do you speak English?". Still, having attorneys review my work was good as a sanity check, and the interview prep gave my fiance something to focus on besides her anxiety, so at least she felt she was doing something constructive.

My experience with lawyers is that a good one can be a lifesaver, but you still have to watch them like a hawk. They DO make mistakes, and it's your butt that will be in the grinder if those mistakes aren't caught and corrected. I always insist on having the final say over any actions my attorneys take, or any legal documents they submit on my behalf. In order for me to know if they're doing their job right, I have to spend a considerable amount of time educating myself about the laws that apply to whatever the attorney is helping me with. Obviously, this takes a lot of time, but it greatly increases the chances of getting the outcome you want. If you leave everything in the hands of your attorney then you are not only relying on his knowledge and experience as a lawyer, but also on his understanding your case thoroughly enough to make the right decisions every time. Frankly, I don't trust ANYBODY that much!

Thanks for your very insightful post and words of advice. I strongly agree with what you've posted and welcome the clarification.

Even though I have an ETA of May for the decree, I've and we've spent a lot of time trying to reconcile. However, I'm currently preparing a very large dossier of evidence in good faith so that once my decree is in my hand it will be added and the USCIS will be informed immediately with my I-751 waiver and document of evidence. I may consider hiring an attorney to review and file this on my behalf but like you, I don't trust the knowledge of attorney's since it's my butt on the line and I can't relax and let them take over. We hired one also for our K1 and it helped the pain but we still had to be on our toes and not just sit back and wait. Like you, I've spent a great deal of time collecting factual, circumstantial and anecdotal evidence to try and educate myself.

My only caveat for hiring an attorney is whether or not the USCIS might see this as a red-flag and I need legal advice to cover something up. I personally think it will help protect my sanity as you say although even now I'm still in two minds.

Thanks

mbuk

Filing before the divorce is final is only necessary if your green card would expire before then. The reason the guides give different advise is because it's a relatively recent policy for USCIS to issue an RFE if you request the waiver (by checking box "D"), but don't include a copy of the divorce decree. Before this new policy, they would have simply denied the petition.

The waiver request is not a separate form. The I-751 requires that you file jointly with your spouse. By checking box "D" you are asking that this requirement be waived so that you can file alone. Checking box "D" IS the waiver request.

So, you don't have to do anything yet. If you get the divorce decree before reaching the 90 day window before your green card expires, then go ahead and collect your evidence and file the I-751. If you reach the 90 day window before your green card expires before getting the divorce decree, then go ahead and file without the divorce decree. You'll get an RFE for the divorce decree when USCIS gets around to adjucating your petition. Until you reach one of these two milestones - final divorce or expiration of green card - you don't have to do anything.

I appreciate your reply JimVaPhuong since you're obviously knowledgeable and contribute a lot to the boards.

I was feeling undue pressure despite, in my opinion plenty of good evidence that the marriage was in good faith. Due to the recent policy of USCIS to send an RFE for the decree and since I know my divorce will be final in May 2010, is there not some value in applying for the waiver without the decree, getting my case on the map and then sending in the divorce decree to speed things up?

Also, have you (or anyone else) had experience of what happens once the waiver has been sent in? Do the USCIS open up a new case or will they (a) request more evidence if necessary or (B) process the case with the outcome being a final interview? I called one attorney who said I file now without my decree and start up an entirely 'new case'. This was the first time I heard this from any attorney and I didn't like the pushiness of them. I felt like I was being pressured more than anything (I know, that's their job it seems!)

In all honesty, I've called numerous attorneys since I'm not really comfortable filing this on my own, even though I'm compiling a large dossier of evidence. By this I mean it's not difficult to compile but I feel legal representation might give me a little more safety for such an important step. I've stated before that I would like to have an attorney represent me if it goes to interview, just to be on the safe side. I've seen some experienced ones who charge very reasonable rates for filing and interview attendance.

Your GC is valid until you are divorced or until it expires after 2 years, whichever comes first.

If divorce comes first, your GC is still valid, until USCIS finds out and makes a motion to cancel it. Then, Immigration Judge will see you and may decide that your status is terminated. Only then your GC is no longer valid even if it did not expire yet.

To avoid the above scenario, file I751 shortly after divorce, if divorce is final before the 90 day filing window for ROC.

If divorce is not final at the time of 90 day window for ROC, you should file I-751 with waiver (same form) and provide final divorce decree later.

Do not file I-751 prior to 90 day window if you do not have final divorce decree.

Waiver - is that very same I-751 form, you just check the option - file with waiver based on marriage in good faith.

Thanks for your input. Since my GC expires in May 2011 the 90 day filing window is not an issue as far as I can see.

My original question, based on what I *thought* I read on the USCIS site is that can I file the waiver before my divorce is finalized and then have the USCIS make an RFE of the final decree or do I have to wait until it's final then send everything off?

I think the former makes sense since I'd be giving the USCIS advance notice to file a waiver, get my case on the map and then they would request my decree.

But all the guides here state I have to wait until it's final, *then file*.

This is why I'm confused!

I have posted several times on here and read useful responses. However, after reading through information on the USCIS website and speaking to a number of immigration attorneys I'm more confused than ever how to handle my situation. Background:

* I received a 2 year conditional GC May 2009. This expires in May 2011.

* My wife filed for divorce in Nov09. We are expected to be legally and finally divorced in May 2010.

It was also my understanding that I must inform the USCIS immediately following my divorce because, since my GC was conditional it will no longer be valid. I believe I have a good case with respect to providing evidence that the marriage was made in good faith. This part doesn't really concern me at the moment.

It was also my understanding that as soon as I receive a final divorce decree, I should submit an I-751 *with a dossier of evidence proving good faith* and checking the box D in part 2: I entered into the marriage in good faith but the marriage was terminated through divorce or annulment.

According to the USCIS website:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).

You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

So does this mean I can file a waiver? If so, what form is this? I need to call the USCIS I feel about this.

Secondly:

After speaking to one attorney at length, she claims that I can actually file a 'separate case' in advance that doesn't require me to send in a final divorce decree as yet - this will be good faith evidence. When I asked her what form this is, she did not say for whatever reason, time ticking down etc. So, is she referring to me filing a waiver in advance, in accordance with the USCIS statement, that is actually separate to an I-751 ticking box D? It seems to me the whole point of ticking box D is to request a waiver? Therefore, can I file *before* my decree requesting a waiver and will receive an RFE for the decree later?

I am really confused now.

Feedback is appreciated.

Thanks.

Can anyone provide an image of what a final divorce decree filed in California looks like - a sample? I've looked online but I can't find one. It will be citing 'irreconcilable differences'.

Thank you.

1. As soon as my decree is here I'm going to immediately file for removal of conditions and inform the USCIS.

- I don't know who advised you to do so but you don't have to file until the 90days window before your GC expiration date. I had the same doubts as you when I got divorced but it turned out that filing just before the expiration of the card was ok (this was also the advice of a lawyer).

My concern is that am I able to still work legally immediately after receiving my decree and during the process of USCIS processing?

- no problem! as long as the GC is valid you can work/travel and so on... after the expiration of the GC you would need the NOA (extension letter) to be able to travel.... and to work... who cares?! don't you see how many illegals work in this country even using somebody elses ssn?! ... the only problem might occur if you change jobs when your GC is expired and you didn't received the extension letter but this takes usualy about 2-3 weeks...

2. I'm going to ask an attorney to go to the interview with me. What are your thoughts on this? I believe it's a good investment and would be more favorable (and safer) to be represented legally.

-The only thing that a lawyer is interested in is getting money from you as much as she/he can! Make no mistake about this. (I delt with lawyers more than I should have ... because I was scared, as you and I thought they help. ... uhhh... what an error. Hire one only if you don't know or cannot do the paperwork yourself.). Hiring a lawyer is not an investment, is a loss!

I know after reading some posts some people think it's a waste of money but I think $500 for legal representation (this is one quote, some are higher and lower) is worth it.

- Get a psychologist for that amount of money; the benefits are much better, I am sure.

Thanks for the post.

With respect to question 1, there are numerous posts here on VJ in this sub-forum that suggest filing the I-751 immediately after receiving a decree since a holder of a conditional green card is allowed to be in this country based upon marriage. Since that marriage is no longer valid, by proxy, one might suggest that the green card is no longer valid.

I see your point with respect to question 2. I'm in 2 minds whether to hire an attorney or not. One reputable lawyer I interviewed who had good knowledge on this is only charging $750 for removal of conditions. If I file myself it's $600 so I figured the presence of a lawyer's name on my application might give it 'more weight'.

Hello All,

I had to re-register since I had a hard time logging in with my previous credentials.

I hold a permanent residence card that is conditional based upon marriage and expires in May 2011. Sadly, like most users who post threads in this part of the forum, I'm going through divorce proceedings and I'm separated from my wife.

However, I have begun compiling a very thorough document package of emails, photos, tax returns, health benefits, etc etc that establish that our marriage was in good faith. Having already spoken to several attorneys, both they and myself are confident that we can establish that our marriage was in good faith during the filing of the I-751. I expect my decree to be final in circa April 2010 so it will be in good time prior to the original plan of removal of conditions starting in Jan 2011.

However, I have several questions that I would like to ask here based on experiences:

1. As soon as my decree is here I'm going to immediately file for removal of conditions and inform the USCIS. My concern is that am I able to still work legally immediately after receiving my decree and during the process of USCIS processing? This is important since I have an excellent career (based upon my degrees I obtained in my home country) that I do not wish to jeopardize.

2. I'm going to ask an attorney to go to the interview with me. What are your thoughts on this? I believe it's a good investment and would be more favorable (and safer) to be represented legally. I know after reading some posts some people think it's a waste of money but I think $500 for legal representation (this is one quote, some are higher and lower) is worth it.

Thanks for your help in advance.