Different slant on submitted evidence if filing as divorcee?

[ukguy34 0]

I have filed for divorce from my US citizen wife and all being well we should be divorced by mid June. It just didn't work out between us. Conditional card expires 09/11/09. I already have a lot of excellent evidence listed below. My question is is there anything specific that I should file as a divorcee applicant as opposed to a joint application?

Evidence, copies of...

Tax Transcripts 07 + 08 + W2s - filed jointly

Pictures of the 2 of us through the last 2 years in a variety of situations with other people, family members (both sides of family,) wedding shots as well

Selection of bills from the conditional period - phone, blockbuster total access, dentist bill, hospital bills

Joint Car Insurance on our 2 cars

Joint title on 1 car

Joint Dental Insurance

Joint Health Insurance - HIPA form

Evidence of joint travel - flight intineries from 07 trip home to UK for Christmas

Hotel bill from Thanksgiving trip to Philly - indicates the 2 of us.

Joint bank accounts - savings and checking, statements from across the period

2 x affidavits from close friends, notarised

Greetings Cards addressed to both of us

Social Security card changed to her married name

US passport in her name

Joint leases for the last 2 years

Copy front and back of GC

Invoices of gifts purchased for each other.

Anything else I should get? My main worry is that the affidavits give no indication of our private issues and there is really no indication we were heading for divorce.

[Dakine 26]

I have filed for divorce from my US citizen wife and all being well we should be divorced by mid June. It just didn't work out between us. Conditional card expires 09/11/09. I already have a lot of excellent evidence listed below. My question is is there anything specific that I should file as a divorcee applicant as opposed to a joint application?

Evidence, copies of...

Tax Transcripts 07 + 08 + W2s - filed jointly

Pictures of the 2 of us through the last 2 years in a variety of situations with other people, family members (both sides of family,) wedding shots as well

Selection of bills from the conditional period - phone, blockbuster total access, dentist bill, hospital bills

Joint Car Insurance on our 2 cars

Joint title on 1 car

Joint Dental Insurance

Joint Health Insurance - HIPA form

Evidence of joint travel - flight intineries from 07 trip home to UK for Christmas

Hotel bill from Thanksgiving trip to Philly - indicates the 2 of us.

Joint bank accounts - savings and checking, statements from across the period

2 x affidavits from close friends, notarised

Greetings Cards addressed to both of us

Social Security card changed to her married name

US passport in her name

Joint leases for the last 2 years

Copy front and back of GC

Invoices of gifts purchased for each other.

Anything else I should get? My main worry is that the affidavits give no indication of our private issues and there is really no indication we were heading for divorce.

I wouldn't even submit the affidavits. LOTS of people don't and don't have problems.

Affidavits can be faked easily anyway and probably don't carry much weight with IOs.

I saw a post stating the IO glanced at the affidavits and while puuting them aside explained just that.

Looks like you have plenty of other evidence showing a bona fide marriage.

Edited February 13, 2009 by Haole

[jasminelily 1]

I have filed for divorce from my US citizen wife and all being well we should be divorced by mid June. It just didn't work out between us. Conditional card expires 09/11/09. I already have a lot of excellent evidence listed below. My question is is there anything specific that I should file as a divorcee applicant as opposed to a joint application?

Evidence, copies of...

Tax Transcripts 07 + 08 + W2s - filed jointly

Pictures of the 2 of us through the last 2 years in a variety of situations with other people, family members (both sides of family,) wedding shots as well

Selection of bills from the conditional period - phone, blockbuster total access, dentist bill, hospital bills

Joint Car Insurance on our 2 cars

Joint title on 1 car

Joint Dental Insurance

Joint Health Insurance - HIPA form

Evidence of joint travel - flight intineries from 07 trip home to UK for Christmas

Hotel bill from Thanksgiving trip to Philly - indicates the 2 of us.

Joint bank accounts - savings and checking, statements from across the period

2 x affidavits from close friends, notarised

Greetings Cards addressed to both of us

Social Security card changed to her married name

US passport in her name

Joint leases for the last 2 years

Copy front and back of GC

Invoices of gifts purchased for each other.

Anything else I should get? My main worry is that the affidavits give no indication of our private issues and there is really no indication we were heading for divorce.

er...... definitely a copy of your marriage certificate and divorce decree. Any evidence that you guys went through marriage counseling?

Edited February 14, 2009 by jasminelily

[mooninlove 1]

Don't forget your decree and of course on the I-751 part 2 check the waiver part. You have enough evidences in my opinion but the final decision would still be decided by them. Best of luck!

[mamatom 2]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately. I was married in Aug 07,divorce finalized August 08, 5 months after getting my Conditional Green card and I filed in Oct 2008, As of Feb 09, I already have my 10 year green card without interview, THANK GOD!. and please add all evidences you have,including the affidavits every state is different and evey OP is different, the more evidence you have the better for you, give them no reason to say no. Goodluck

[mamatom 2]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately. I was married in Aug 07,divorce finalized August 08, 5 months after getting my Conditional Green card and I filed in Oct 2008, As of Feb 09, I already have my 10 year green card without interview, THANK GOD!. and please add all evidences you have,including the affidavits every state is different and evey OP is different, the more evidence you have the better for you, give them no reason to say no. Goodluck

[diadromous mermaid 36]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

[mamatom 2]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

[ukguy34 0]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

I'm pretty sure that provided you have the evidence to prove (based on their guidelines, which I have see above) that when you entered the marriage it was legit and not for the purposes of immigration, you are good to go. The process is the same whether you file jointly or not. I presume that by filing for a waiver of the joint filing requirements, your application is scruitinised more throughly but, again as I understand it, the burden of proof is on USCIS to prove that there was any evidence of fraud not the other way round. The reason for being able to file immediately after divorce is that there is no reason for the spouse to be involved. Feel free to chime in if people think differently.

[ukguy34 0]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

I'm pretty sure that provided you have the evidence to prove (based on their guidelines, which I have see above) that when you entered the marriage it was legit and not for the purposes of immigration, you are good to go. The process is the same whether you file jointly or not. I presume that by filing for a waiver of the joint filing requirements, your application is scruitinised more throughly but, again as I understand it, the burden of proof is on USCIS to prove that there was any evidence of fraud not the other way round. The reason for being able to file immediately after divorce is that there is no reason for the spouse to be involved. Feel free to chime in if people think differently.

Another question, are the receipts that extend your valid status for a year issued in the same relatively timely fashion as if you were filing jointly?

[diadromous mermaid 36]

If this s indeed what 2 immigration officers told you, they were very mistaken! Simple as that. Rather than have me try *google* to prove I'm wrong, why not provide *google* references to try to prove you are right. I will say right now that I don't think you can find one. By the way, the statutes under the INA stipulate that a conditional resident is a legal permanent resident regardless of a divorce, as long as that resident can demonstrate that the marriage to the USC which has now ended was bonafide.

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

[3600rs 24]

Hi ,there is no specified time to file, if u read some post, as soon as you are divorced you become illegal in the eyes of immigration,your status was based on that marraige as soon as your divorce is final, file immeadiately.

This isn't correct. The OP is an LPR, whether there are conditions or not, he is not illegal upon divorce. If the deadline to remove conditions passes then he could fall out of status, unless he can demonstrate that failing to petition to remove conditions was through no fault of his own.

Trust me, when I was preparing my divorce papers I met with 2 Immigration officers whom I know personally and they told me this, Once you are the C resident, once your divorce is final, you automatically loose your right as a resident,based on the fact that the marraige / Status was based on the Con residency through marraige this is why you can file at anytime after your divorce, trust me, you go out of status once you get divorced, even though your card is still valid. this is the way they see it,if not we will all wait until 90 days before.

I work closely with DHS guys and I can assure you this is the case, try google and see what is says about it.

I am curious to know what do you mean by out of status or even illegal by your terms?? Does that mean the OP cannot work, travel or have drivers license after the divorce?

If that was the case no one would divorce the USC before getting the 10 year green card.

I agree with mermaid.

[ukguy34 0]

Any one know if the extension of a year to the GC letter is sent out in the same timely fashion as if you were filing jointly?

[diadromous mermaid 36]

I would surmise not. The extension letter for jointly-filed petitions is standard course because it is unlikely that the application would be adudicated within the 90-day window before the alien's green card would expire. With waivers, using the good faith grounds that is not necessaily the case. There could be an alien that has 18 months remaining on the green card but has now divorced. While waivers tend to take longer to adjudicate than jointly-filed petitions, I think the issuance of the extension letter is scheduled at a specific interval so that the alien has proof of status during the pendency of the application to remove conditions.

Any one know if the extension of a year to the GC letter is sent out in the same timely fashion as if you were filing jointly?

[diadromous mermaid 36]

I would surmise not. The extension letter for jointly-filed petitions is standard course because it is unlikely that the application would be adjudicated within the 90-day window before the alien's green card would expire. With waivers, using the good faith grounds that is not necessarily the case. There could be an alien that has 18 months remaining on the green card but has now divorced. As soon as the decree is available that alien can self-petition. While waivers tend to take longer to adjudicate than jointly-filed petitions, I think the issuance of the extension letter is scheduled at a specific interval so that the alien has proof of status during the pendency of the application to remove conditions.

Any one know if the extension of a year to the GC letter is sent out in the same timely fashion as if you were filing jointly?

Edited February 19, 2009 by diadromous mermaid