Complex I-751 situation

[Doodlepen 0]

Hey everyone hope you are all well!

Me on the other hand is all mixed up and unsure of what to do.

The story is that i filed my I-751 jointly with my wife back in December 2007 to which was all going smoothly until we divorced! ARGHHHHH!

So divorce was finalized in September and after reading around the interwebs I saw I should of filed another I-751 stating the divorce and withdrawing the original I-751 application. I never knew this and didn't do it!.....#######

Now it is February 2009 and I have a RFE sitting here on my desk based on the original I-751 etc

My question is to the good people of VJ do I submit the evidence as though I am married and hope I get the 10 year GC.

Or should I submit a new I-751 with divorce decree and everything?

I know what the right thing to do is....I know what the best chances of getting a 10 year GC is. but what is the best way to do it?...

On a side note I now live with my new girl friend who I am very serious about and also a great paying and fun job to which I do not wish to lose all of it. I am scared and lost to what I should do. A critical point in my life I think I can admit to you guys.

I just need opinions and advice but as I said I have a feeling I know what you guys are going to say.....I just need the support.

[johndecka 0]

Hey everyone hope you are all well!

Me on the other hand is all mixed up and unsure of what to do.

The story is that i filed my I-751 jointly with my wife back in December 2007 to which was all going smoothly until we divorced! ARGHHHHH!

So divorce was finalized in September and after reading around the interwebs I saw I should of filed another I-751 stating the divorce and withdrawing the original I-751 application. I never knew this and didn't do it!.....#######

Now it is February 2009 and I have a RFE sitting here on my desk based on the original I-751 etc

My question is to the good people of VJ do I submit the evidence as though I am married and hope I get the 10 year GC.

Or should I submit a new I-751 with divorce decree and everything?

I know what the right thing to do is....I know what the best chances of getting a 10 year GC is. but what is the best way to do it?...

On a side note I now live with my new girl friend who I am very serious about and also a great paying and fun job to which I do not wish to lose all of it. I am scared and lost to what I should do. A critical point in my life I think I can admit to you guys.

I just need opinions and advice but as I said I have a feeling I know what you guys are going to say.....I just need the support.

You better do the Right thing and Be frank abt it by Submit a New I-751.

It you just go on and stayed with old I-1751, sooner or later/once Uscis finds abt it, Your Green card could be taken away from you.

Coz The truth will come out down the road.

So it's up to u to make ur Pick.

Good luck

[ELW 5]

Bummer you got a RFE! What was the RFE for, more proof of relationship? Maybe they already checked a database and know about the divorce.

Maybe other members have experience in this and can advise. Is there any way to reply to the RFE, maybe including a letter stating you are now divorced, including the paperwork? Instead of filing a whole new I-751? Perhaps before submitting a whole new application you can get advice from an immigration attorney. I have heard of other cases on VJ where they got divorced while the Removing Conditions application was pending, and they were granted the 10-year green card. One recent case they were even called to an interview and were approved.

Sorry about the end of the relationship and Good luck with your green card !

[Dakine 26]

Hey everyone hope you are all well!

Me on the other hand is all mixed up and unsure of what to do.

The story is that i filed my I-751 jointly with my wife back in December 2007 to which was all going smoothly until we divorced! ARGHHHHH!

So divorce was finalized in September and after reading around the interwebs I saw I should of filed another I-751 stating the divorce and withdrawing the original I-751 application. I never knew this and didn't do it!.....#######

Now it is February 2009 and I have a RFE sitting here on my desk based on the original I-751 etc

My question is to the good people of VJ do I submit the evidence as though I am married and hope I get the 10 year GC.

Or should I submit a new I-751 with divorce decree and everything?

I know what the right thing to do is....I know what the best chances of getting a 10 year GC is. but what is the best way to do it?...

On a side note I now live with my new girl friend who I am very serious about and also a great paying and fun job to which I do not wish to lose all of it. I am scared and lost to what I should do. A critical point in my life I think I can admit to you guys.

I just need opinions and advice but as I said I have a feeling I know what you guys are going to say.....I just need the support.

One problem is it will all come out if you attempt to get US citizenship. For one you won't be able to file for 5 years from date of original GC.

Check out the N-400.

[Doodlepen 0]

Thanks for your help guys. I think I will get in contact with an attorney and find how to go about this in the most honest yet advantageous way for me (staying in the US).

I'll post again with what advice I get and what results happen just in case other end up in the same situation.

One thing I will say is that no one can ever tell what will happen in a marriage unless you truly spend time with some one. Its two different worlds. Please be most careful in who you choose.

[Doodlepen 0]

Spoke to my attorney today and she has suggested the route that was suggested here.

Which is to write a withdrawal letter for the original I-751 and begin a new one based on the fact that I am now divorced (I-751 waiver)

This would mean another year of waiting for VSC to process it and another $545 to get it going. With no guarantees. I am more inclined to spend the money than be kicked out.

[FaithfulandTrue 6]

Thanks for your help guys. I think I will get in contact with an attorney and find how to go about this in the most honest yet advantageous way for me (staying in the US).

I'll post again with what advice I get and what results happen just in case other end up in the same situation.

One thing I will say is that no one can ever tell what will happen in a marriage unless you truly spend time with some one. Its two different worlds. Please be most careful in who you choose.

Edited February 5, 2009 by oneder

[3600rs 24]

Bummer you got a RFE! What was the RFE for, more proof of relationship? Maybe they already checked a database and know about the divorce.

Maybe other members have experience in this and can advise. Is there any way to reply to the RFE, maybe including a letter stating you are now divorced, including the paperwork? Instead of filing a whole new I-751? Perhaps before submitting a whole new application you can get advice from an immigration attorney. I have heard of other cases on VJ where they got divorced while the Removing Conditions application was pending, and they were granted the 10-year green card. One recent case they were even called to an interview and were approved.

Sorry about the end of the relationship and Good luck with your green card !

The recent case your talking about was with a separated (not divorced) couple on a joint petition. Both attended the interview and the application was approved. This is a divorce case, a new 751 waiver is a must after withdrawing the original joint petition. Give them the RFE along with a statement and your divorce decree. You will probably be called for an interview with the IO who may instruct you what to do thereafter. It will be mostly in the terms of withdrawing the original for a waiver application.