waiver

[jarl 0]

i have pending devorce do i need to wait 90 days to file for my papers thanks jarl

[3600rs 24]

i have pending devorce do i need to wait 90 days to file for my papers thanks jarl

pending divorce means you cant filed a joint application. File waiver as soon as you get your decree.

[-B&T- 1]

i have pending devorce do i need to wait 90 days to file for my papers thanks jarl

Hi jarl,

How are you doin?Sorry that your marriage didn't lasts that long and just so you know my baby is only 1 day older than yours.Anyway,you need the divorce decree so you can file on your own and you do not have to wait for the 90 days waiting period gather plenty of evidence and file as soon as you can.Good luck.

[YuAndDan 153]

Once the divorce is final you can file the I-751 with joint filing waiver and evidence that marriage was entered into in good faith. you do not need to wait until you are within 90 days of CR-Green-Card expiration.

Note you may be interviewed, and if they suspect that marriage was strictly to secure a green-card, they can deny the I-751, so solid evidence of a good faith marriage is crucial.

[I Miss Her 0]

i have pending devorce do i need to wait 90 days to file for my papers thanks jarl

You can file any time if you are requesting waiver for joint filing requirement.

Since you are not divorced yet, file under Part 2 e or g of form I-751, which is in the most of the times hard to prove.

Later, if you get divorce and your case still pending with USCIS then file again under Part 2 d of form I-751 stating that you are withdrawn your earlier case.

At this moment, better get a help of experienced immigration attorney on this matter.

[hope.. 0]

i have pending devorce do i need to wait 90 days to file for my papers thanks jarl

You can file any time if you are requesting waiver for joint filing requirement.

Since you are not divorced yet, file under Part 2 e or g of form I-751, which is in the most of the times hard to prove.

Later, if you get divorce and your case still pending with USCIS then file again under Part 2 d of form I-751 stating that you are withdrawn your earlier case.

At this moment, better get a help of experienced immigration attorney on this matter.

Hello miss her.

I need your advise,

actually I filed I-751 under G [hardship], at that time I did't have my divorce decree,now after 4 months of filing of I-751 my attorney sent just amendment letter to uscis for to check category D [bcoz my marrige was bonafide].

so question is my attorney did't file new I-751 and he did't withdraw filed I-751, he just sent supplemental or amendment leter with my divorce decree to cis that this case also consider under this cateogory D.

PLZ GUIDE ME WHAT I HAVE TO DO, I am very frustrated.

plz respond me urgently.

thank you in advance.

[cherr1980 1]

It is suppose that from a previous memo (that I can't recall where is at but you can find it over the web), attorneys and/or petitioners could send a suplemental/ammedment from the previous I-751 filed when such cases ocurred.

After that memo, basically they put immigrants on hold or in a limbo since some divorce cases can take months even years and some even required a separation period of time, meanwhile you have a deadline to fullfill.

Be advice, that was not my case, I filed jointly and then divorce. Many would think is the best scenario if you can't file jointly...well, that depends IF they can match your records! which they tend to have a pretty good skill at messing things up. So I sent, in my case, a letter withdrawing my previous case and telling them I have a change of status from married to divorce with all the evidence AND a total new brand package...well they never made a match on my previous letter. They approved me as married and I am still pending as divorce...so I am still not sure which one is the best course of action, in anycase as one CBP officer told me, I am pretty much covered.

Anyway, while I was in marriage battles I went to an immigration lawyer, the first one told me I was going to be denied, the second one told me the same thing as you: that I would need to send an ammendment and that will be it, but then reading in britishexpats and over here got the information that was better to send a new brand package, even called the USCIS super line and they told me to withdraw the previous case and file a new one. I did the last two (letter and new package).

Now, every case is particular. I would wait to see what happens. If you get a RFE, then is your oportunity to send a brand new package with the current info, divorce decree and more evidence if it's needed. Your lawyer should be able to guide you in this. If you are not sure what your lawyer is doing then change lawyers. You are paying for a service. If you don't get any RFE and they are fine and make the match in your records, voula! you are good to go.

Good luck,

Cherr

Edited April 2, 2009 by cherr1980