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desertblue88

I-865 and I-751 Divorce Waiver Question

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Hey All,

So my divorce just got finalized. with about 120 days till the GC expires. so I guess it's time to gather the paperwork, file and join the list soon.

I have a good question though, The ex-wife and I are on good terms since after everything has been said and done, we have realized our faults, what led to the divorce

so although I am really sad of the reality that things have come to a close and didn't work out, I am glad that we both were able to be amicable about everything, although

it did takes months of sorting through pain and raging emotions.

Anyways, my question is, on a Divorce waiver is she supposed to keep her I-865 up to date even after the divorce and subsequently when she moves, I know during the divorce and up until now when we split

she never updated that. Would that effect the divorce waiver? No one has ever mentioned it on the forums, so I thought I'd ask.

And I guess, for when I file the I-751, I just put her current address in which I have now since when she was between her moving places she didn't have a perm address. Also my decree shows her as address unknown

because of her bouncing around when the decree was submitted to the courts, but then when she moved into her new place, they were able to mail her the decree but never altered the decree, since the courts here in AZ are very impersonal. Should I attach a note to USCIS on why it says that, or is it irrelevant.

Sorry for hitting everyone up with questions, I try to research as much as I can but have been stumped on these.

Also, JustBOB, advice question for you, should I file the I-751 right away, or since the 90 day window is close should I just wait till Jan 13 to send it in, so the drones don't confuse things and not realize its a waiver and send it on back.

"It is Better to have loved and lost than never to have loved at all" - Some smart dude

-------------------------------------------------

K Visa Timeline

-------------------------------------------------

Visa Journey

3/20/2008: I-129F Sent

8/6/2008: Approval Notice

10/14/2008: VISA Approved!

10/24/2008: POE

--- AOS ---

4/14/2009 - Interview with USCIS... APPROVED! Day 92 since receipt of USCIS AOS

-- I-751 Waiver Application ---

1/18/2011 - I-751 Waiver Application mailing to cSC

3/23/2011 - I-751 Divorce Waiver Approved - 10 Year Card in the mail!

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Anyone have any suggestions?

"It is Better to have loved and lost than never to have loved at all" - Some smart dude

-------------------------------------------------

K Visa Timeline

-------------------------------------------------

Visa Journey

3/20/2008: I-129F Sent

8/6/2008: Approval Notice

10/14/2008: VISA Approved!

10/24/2008: POE

--- AOS ---

4/14/2009 - Interview with USCIS... APPROVED! Day 92 since receipt of USCIS AOS

-- I-751 Waiver Application ---

1/18/2011 - I-751 Waiver Application mailing to cSC

3/23/2011 - I-751 Divorce Waiver Approved - 10 Year Card in the mail!

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Share on other sites

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

Hey All,

So my divorce just got finalized. with about 120 days till the GC expires. so I guess it's time to gather the paperwork, file and join the list soon.

I have a good question though, The ex-wife and I are on good terms since after everything has been said and done, we have realized our faults, what led to the divorce

so although I am really sad of the reality that things have come to a close and didn't work out, I am glad that we both were able to be amicable about everything, although

it did takes months of sorting through pain and raging emotions.

Anyways, my question is, on a Divorce waiver is she supposed to keep her I-865 up to date even after the divorce and subsequently when she moves, I know during the divorce and up until now when we split

she never updated that. Would that effect the divorce waiver? No one has ever mentioned it on the forums, so I thought I'd ask.

And I guess, for when I file the I-751, I just put her current address in which I have now since when she was between her moving places she didn't have a perm address. Also my decree shows her as address unknown

because of her bouncing around when the decree was submitted to the courts, but then when she moved into her new place, they were able to mail her the decree but never altered the decree, since the courts here in AZ are very impersonal. Should I attach a note to USCIS on why it says that, or is it irrelevant.

Sorry for hitting everyone up with questions, I try to research as much as I can but have been stumped on these.

Also, JustBOB, advice question for you, should I file the I-751 right away, or since the 90 day window is close should I just wait till Jan 13 to send it in, so the drones don't confuse things and not realize its a waiver and send it on back.

Her I-865 has nothing to do with I-751's information.

Since you're filing on your own with the basis of a waiver, you don't have to worry about how accurate her current info is, because in most cases people are not in good terms.

As for when you can send the I-751, the FIRST thing they look at is the category of I-751. So don't worry if you send it earlier. In my case, my divorce was finalized within the 90-day window, but there's many others who, in some cases, just got their greencard and for whatever reason figured it wasn't working out.

There's an I-751 thread in this section of the forum that I'm sure you'll find very helpful. Enter your timeline and check out other people's experience. If i were you, i would include a personal statement explaining the "unknown address" part in the divorce decree. A personal statement is not a requirement, but certainly may help you avoid an interview.

Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

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Okalian,

Thanks for the response. Wasn't sure on the I-865 that makes sense. I wasn't sure if that would have anything to do with me or not, as I am pretty sure she has never updated it.

I have been gathering all of my evidence together and should have it all ready to go within the next 2 weeks and then will go ahead and get it all sent out.

As for the Unknown Address, I would just explain how when the decree was written up, I didn't have her address? I obviously do now, and I will be included her current address in the I-751 form.

She also said she is willing to do an affidavit.

I wonder what people do who don't get an updated address from their former spouse, I am sure it's happened.

"It is Better to have loved and lost than never to have loved at all" - Some smart dude

-------------------------------------------------

K Visa Timeline

-------------------------------------------------

Visa Journey

3/20/2008: I-129F Sent

8/6/2008: Approval Notice

10/14/2008: VISA Approved!

10/24/2008: POE

--- AOS ---

4/14/2009 - Interview with USCIS... APPROVED! Day 92 since receipt of USCIS AOS

-- I-751 Waiver Application ---

1/18/2011 - I-751 Waiver Application mailing to cSC

3/23/2011 - I-751 Divorce Waiver Approved - 10 Year Card in the mail!

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Share on other sites

 
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