Divorce After Filling I-751

[schularbeit07 0]

Hi everyone

My wife and I are kind confuse about our divorce in relation with the GC. We have been married for total of two years my GC will expire February 14 2009. We file I-751 exactly 90 days before together. I received my I-797 notice of action November 28 2008 that tells me I have one year on my GC. I did my biometric on JAnuary 08 2009. The divorced papers were signed on december 22 2008. Officially filed and approved on January 12 2009. What we should do? We called the USCIS customer service and they told us we should wait, because we already filled, and we probably will not have to go through interview. They told us if case we go to interview then we should have all the documentation to show the officer. I called couple time after just to see if the info was right but another person told me something completely different? we have all documents to proof that our marriage was not with intent to received immigration benefits. Please any info will be appreciated.

Thank you

[Wichita 0]

Your GC will expire Feb 14, 2009 so If Im not mistaken you filed your I751 start by Nov 14, 2008. Is your divorce finalized on Dec 22, 2008 or Jan 12, 2009? My question is when did you file your divorce? usually the shortest will take 6 months. Why did you apply for I751 if you knew you will get a divorce? or you might as well wait till you get the divorce decree. I think Im confused too.

Hi everyone

My wife and I are kind confuse about our divorce in relation with the GC. We have been married for total of two years my GC will expire February 14 2009. We file I-751 exactly 90 days before together. I received my I-797 notice of action November 28 2008 that tells me I have one year on my GC. I did my biometric on JAnuary 08 2009. The divorced papers were signed on december 22 2008. Officially filed and approved on January 12 2009. What we should do? We called the USCIS customer service and they told us we should wait, because we already filled, and we probably will not have to go through interview. They told us if case we go to interview then we should have all the documentation to show the officer. I called couple time after just to see if the info was right but another person told me something completely different? we have all documents to proof that our marriage was not with intent to received immigration benefits. Please any info will be appreciated.

Thank you

[schularbeit07 0]

We got divorced officially on January 12 2009. We were working to try to stay together we went to marriage therapist and also different kind of people to help us, but unfortunately did not work, because of my depression problems. We still love each but we are very emotional stress right now. She made her decision, but she is okay to help and find out what we should do concerning the USCIS. She thinks will be better do what one of the USCIS customer service representative told us that we should wait, because we already filed.

[Dakine 26]

We got divorced officially on January 12 2009. We were working to try to stay together we went to marriage therapist and also different kind of people to help us, but unfortunately did not work, because of my depression problems. We still love each but we are very emotional stress right now. She made her decision, but she is okay to help and find out what we should do concerning the USCIS. She thinks will be better do what one of the USCIS customer service representative told us that we should wait, because we already filed.

Try Google!

Use "Effect of Separation/Divorce on Pending I-751 Petitions"

[3600rs 24]

Hi everyone

My wife and I are kind confuse about our divorce in relation with the GC. We have been married for total of two years my GC will expire February 14 2009. We file I-751 exactly 90 days before together. I received my I-797 notice of action November 28 2008 that tells me I have one year on my GC. I did my biometric on JAnuary 08 2009. The divorced papers were signed on december 22 2008. Officially filed and approved on January 12 2009. What we should do? We called the USCIS customer service and they told us we should wait, because we already filled, and we probably will not have to go through interview. They told us if case we go to interview then we should have all the documentation to show the officer. I called couple time after just to see if the info was right but another person told me something completely different? we have all documents to proof that our marriage was not with intent to received immigration benefits. Please any info will be appreciated.

Thank you

Yours is a very interesting case. And I'd like more comments from people.

IMO - If you inform the USCIS at this point about your divorce, your joint petition will/may be denied as its no longer a joint petition.

If you don't inform them, and wait for approval, you may/will face issues later on during citizenship processing.

I guess is better to wait and get approved. Later on file for citizenship on the basis of 5 year residency.

Something of great concern is that what happens when USCIS knows that the 10 year green card was approved on the basis of a joint 751 petition, but the couple was divorced much before that.

[schularbeit07 0]

We have the documents to proof later if I plan to apply to US citizenship that the marriage was with real intent. We have letter from the marriage therapists, ecclesiastical authorities, her parents and doctors to show the USCIS in case interview has to be done.

When we called the USCIS costumer service they told us to wait to see if we gone have a interview or not. We sent a lots of documents that proof that we really had life together. Do you know if takes long to Vermont center make the decision. Do they really send the GC with out interview if they see through the documents that we really had things together? Do you know any case that they did not had interview?

I guess we gone do what they told us to wait, because its already sent it. But immigration laws are so complex that I don't know if they really know what they are saying.

We appreciate all the help and ideas from you guys

[Dakine 26]

We have the documents to proof later if I plan to apply to US citizenship that the marriage was with real intent. We have letter from the marriage therapists, ecclesiastical authorities, her parents and doctors to show the USCIS in case interview has to be done.

When we called the USCIS costumer service they told us to wait to see if we gone have a interview or not. We sent a lots of documents that proof that we really had life together. Do you know if takes long to Vermont center make the decision. Do they really send the GC with out interview if they see through the documents that we really had things together? Do you know any case that they did not had interview?

I guess we gone do what they told us to wait, because its already sent it. But immigration laws are so complex that I don't know if they really know what they are saying.

We appreciate all the help and ideas from you guys

LOTS of people get the 10 year GC without van interview. LOTS who are divorced before filing the I-751 have interviews.

Also!

You will have to wait 5 years to file for USC as one requirement for filing in 3 years is you having been living together!

[3600rs 24]

We have the documents to proof later if I plan to apply to US citizenship that the marriage was with real intent. We have letter from the marriage therapists, ecclesiastical authorities, her parents and doctors to show the USCIS in case interview has to be done.

When we called the USCIS costumer service they told us to wait to see if we gone have a interview or not. We sent a lots of documents that proof that we really had life together. Do you know if takes long to Vermont center make the decision. Do they really send the GC with out interview if they see through the documents that we really had things together? Do you know any case that they did not had interview?

I guess we gone do what they told us to wait, because its already sent it. But immigration laws are so complex that I don't know if they really know what they are saying.

We appreciate all the help and ideas from you guys

LOTS of people get the 10 year GC without van interview. LOTS who are divorced before filing the I-751 have interviews.

Also!

You will have to wait 5 years to file for USC as one requirement for filing in 3 years is you having been living together!

YES lots of (JOINT PETITIONERS) people do not get called for an interview, lots who are divorced before filing the 751 have interviews ONLY if USCIS comes to know about the divorce. REMEMBER this is a case where : a few who are DIVORCED AFTER/DURING the JOINT FILING process are left in limbo. Its a JOINT petition pending/ being processed and a divorce at the same time.

There have been cases when USCIS was not informed, the person got the green card without interview, and later during citizenship the green card was revoked.

Should someone in this position inform the USCIS? This is an conundrum, hope lawyers and the experienced posters add their comments.

Edited January 15, 2009 by 3600rs

[schularbeit07 0]

even if they told me to wait? Its hard to decide what to do. I talked with a layer today and he told me i should wait.

[schularbeit07 0]

If we have to inform we will do so with no problem. we just want to do what is the best and right on this situation, which we were not expecting. that is why we called the USCIS.

Edited January 16, 2009 by schularbeit07

[rika60607 215]

There is a memorandum somewhere on USCIS website, explaining that if you file for Removal of conditions and then get either separated or divorced, you should send them a letter explaining your situation. Also, if you are separated, you are not eligible to file jointly or yourself, until you divorce. Most likely you already got yourself in trouble by signing joint petition while separated. You may have to withdraw this current petition and replace it with a new one, with divorce decree and a waiver.

I'd suggest to go to InfoPass appt and get help there, because USCIS phone representatives are notorious for giving out incorrect information.

It would also help us to give you good advice if you posted the timeline (time of separation/divorce final/filing for removal).

Good luck!

If we have to inform we will do so with no problem. we just want to do what is the best and right on this situation, which we were not expecting. that is why we called the USCIS.

[jndamd 0]

If you are finincially stable, consult lawyer.

If you guys are officially divorced then you have to file I-751 again with the help of lawyer. My friend has gone through the same, but his wife not helped at all. He spent $5000 on it.

You will also need support from friends and family to write you affidavits mentioning that you guys entered in marriage with good faith and didn't work it. also got letters from therapist that you guys went there to work out your relationsship which will be also good evidence. Also get evidences of joint responsibilities in the past like bills, credit card statements, bank statements (joint only), lease etc.

collect all this things and consult lawyer.

[schularbeit07 0]

We never got separated we just got the divorced. Yes we do have a way to get letters with no problem.

[pure8heart 0]

We never got separated we just got the divorced. Yes we do have a way to get letters with no problem.

You need to a new I-751 application selecting option "d" in part 2. Follow the link:

http://www.immigration.com/newsletter1/nscondivorce.pdf

If you don't file again and you are approved without an interview, you might face problems when applying for citizenship.

[3600rs 24]

We never got separated we just got the divorced. Yes we do have a way to get letters with no problem.

You need to a new I-751 application selecting option "d" in part 2. Follow the link:

http://www.immigration.com/newsletter1/nscondivorce.pdf

If you don't file again and you are approved without an interview, you might face problems when applying for citizenship.

very true. I have found some recent posts of posters who got their I751 waivers approved being harassed at the citizenship interview.