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Catherine Lozano

I am not filling yet but I need to know what is a waiver of the 751...I am getting a divorce

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Hello everybody:

It has been a long time since I post any questions or comments...I found my self in the position to look for help again...and I hope I can find it. Unfortunately, after 1 year and 3 months of being married,my soon to be ex-husband and me decided to get a divorce :crying: ...I already cried and suffered and now as this new year began, and after a lot of talking with friends and family; I decided to apply for the "readjustment of status" by myself.

So now I am getting all my papers together while I wait for my divorce to be finalized...and that should be happening within the nest 5 weeks or so. Therefore, I want to know about the "waiver" I need to file. I don't have clear if it is a separate document or the same 751 just with a different choice (the one that says "divorce" ).

I am kind of confused and I am looking to clear that up.

Thanks for any help.

Cathy :blush:

Catherine

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Filed: Citizen (apr) Country: Colombia
Timeline

I think all you have to do is check box d of part 2 of the I-751 and mail the package with a copy of your divorce decree. I googled it and that's all it came up with. Also, call the USCIS if that is all you need to do.

The instructions for the I-751 also say:

If you are filing to waive the joint filing requirement because your marriage has been terminated, also submit a copy of the divorce decree or other document terminating or annulling the marriage with your petition.

Diana

Edited by Mononoke28

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Yes, you just check the appropriate box on the I-751 itself.

Note that, if filing after divorce, there's no strict time table. You can file as soon as the day your divorce is finalized, regardless of how long you've had your conditional green card. You do have to wait until you are legally divorced, though.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Other Country: Philippines
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yah they're right!just read the application and u will find it in the buttom of the page. By the way anybody know how to get a tax transcript?especially that i am just a dependent of my ex-hubby. I went to IRS today and they told me i cant get any transcript of the year '06 the time we was married. They told me to get an authorization or a lawyer to do that. IS there any way i could get it without asking ex-hubby's authorization? I know fore sure my ex is not going to help me at all since he doesnt want me to stay here. So please any ideas....Give me any info about the IRS thingi and on how to get a copy. I really need help from u guys....thanks...god bless....

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Filed: Other Country: Philippines
Timeline
Hello everybody:

It has been a long time since I post any questions or comments...I found my self in the position to look for help again...and I hope I can find it. Unfortunately, after 1 year and 3 months of being married,my soon to be ex-husband and me decided to get a divorce :crying: ...I already cried and suffered and now as this new year began, and after a lot of talking with friends and family; I decided to apply for the "readjustment of status" by myself.

So now I am getting all my papers together while I wait for my divorce to be finalized...and that should be happening within the nest 5 weeks or so. Therefore, I want to know about the "waiver" I need to file. I don't have clear if it is a separate document or the same 751 just with a different choice (the one that says "divorce" ).

I am kind of confused and I am looking to clear that up.

Thanks for any help.

Cathy :blush:

Same I-751 form + fee. Include a copy of your decree and other documents during your marriage to support your claim. Best of luck.

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

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Thank you all fr your answers and wishes. I had the feeling that choosing that choice was all I needed but I just want to be sure :blush: . Hopefully, all is done soon and I don't have to worry any more. Also, I am getting together prove from the time we got married until we separated. I have letters from his family members staying that they all believed that "I got married because I was in love"...it is hard doing this by myself...I never thought it would happen but I guess that is life.

I will let you guys know once I have to file...please keep your fingers cross so my divorce is finalized within the next few weeks... :thumbs:

Thanks again :star:

Cathy

Catherine

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  • 1 month later...

Hello everyone:

My divorce is final..after 1 month and a half..that was quick!!!. Now I am just waiting for my affidavit letter from friends to prove that I got married based on love and not interest. I even got a letter from my ex...he is sorry because of what he did (cheated on me)...Let's see how it goes. I am filling on March 17th...hope all works fine...I will let you guys now.

Thanks!!!!

Cathy

Catherine

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Hello everyone:

My divorce is final..after 1 month and a half..that was quick!!!. Now I am just waiting for my affidavit letter from friends to prove that I got married based on love and not interest. I even got a letter from my ex...he is sorry because of what he did (cheated on me)...Let's see how it goes. I am filling on March 17th...hope all works fine...I will let you guys now.

Thanks!!!!

Cathy

Sounds like you have a good case to stay!

Sucks to have it done this way.... Why would someone spend the time and money to bring someone over to the US, then cheat on them? :unsure:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Other Country: Philippines
Timeline
Hello everyone:

My divorce is final..after 1 month and a half..that was quick!!!. Now I am just waiting for my affidavit letter from friends to prove that I got married based on love and not interest. I even got a letter from my ex...he is sorry because of what he did (cheated on me)...Let's see how it goes. I am filling on March 17th...hope all works fine...I will let you guys now.

Thanks!!!!

Cathy

Best of luck to you Catherine! I know reality bites but you know life must go on. You will make it as long as you believe you can.. I just hope things will work out fine with you..

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

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I agree with you. I did not understand it at the beginning, but what can I say. He decided to go that way and now I have to keep doing what I want to do. I am a college student and I do not want to give it up . It will be like I am leaving everything that I worked so hard to build just because of him...and that is not fair :protest: :protest:

That is why I decided to keep with this process. To prove to my self that I can do it...and I can finish what I started. May be once I get it (if I do) I might go back to my country, but at least I will have the chance to come back to visit or to do something in the future. I have very important people who were there for me when I needed someone to cry with :blush:

It is hard but I guess that is how life is..."everything happens for a reason" and under that same quote if I get approved it will be good and if I do not, I will just go back home...that will be it!!!

Thanks for your support everybody... :thumbs:

I will keep you guys updated it.

Cathy

Catherine

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