Divorced after I-751

[usc 0]

Hi all, here's my case. First of all, I'm a USC posting on behalf of my fiancee. Let's call her Ms. M.

Ms. M came to the US and met Mr. A. They got married and filed a petition for Ms. M's residency. She received a 2 year conditional GC.

They filed a joint I-751 to remove conditions and get Ms. M's 10 year greencard.

The marriage didn't work out for various reasons. It was bona fide, but they got divorced, after filing the I-751. I met Ms. M right as the divorce was starting.

Ms. M and I met after the divorce started, we moved in with me 4 months after we met (since she was in SoCal and I in NorCal), and we got engaged recently after being together for a year.

Ms. M got a biometrics appt which she attended, then later was called in for a second interview to present more information. She had lots of pictures, financials, leases, etc. showing the marriage was bona-fide. Despite the divorce being final at this point, the ex-husband also showed up to support Ms. M. He still remains very supportive of her and they are on good terms. The Immigration Officer (we'll call her IO) asked for more supporting documentation, all of which was sent within a week of the appointment.

The IO just called Ms. M and told her that she was denying the I-751 petition. She said that Ms. M was supposed to file the I-751 by herself (with d checked). IO stated that Ms. M has a good chance of getting her new petition accepted, she believes the marriage is bona fide, and she entered positive notes in the file. However, she told Ms. M that she is sending a letter (we have not received it yet) which will require Ms. M to immediately surrender her GC. Ms. M was obviously upset, and said that she wouldn't be able to continue her school. IO then called her back a second time and said she could keep the GC, despite that the letter is going to tell her to return it. Ms M thinks the IO was playing games with her. This whole part seems strange to me, but could have been a misunderstanding.

1. Should Ms. M's lawyer have known that the I-751 was supposed to be withdrawn and re-filed? I wasn't aware of this until reading visajourney for a few minutes... but someone who's an immigration professional would probably know this..?

2. I won't ask any questions until receiving the letter about what IO told Ms. M in terms of keeping her GC. The whole thing just doesn't make much sense, but of course that was a second hand conversation through Ms M.

3. Will the I-751 petition be denied, or just suspended/more info needed? If so, is this worse than having withdrawn the petition and filing a new one? I'm just not sure on the administrative / procedural issues involved here.

4. We kept this case going in SoCal despite Ms. M moved in with me in NorCal. Should we file the new I-751 in NorCal (presumably with a new lawyer), or keep it in SoCal so it's in the same office?

Thanks... I'm sure I'll have more questions going forward, and also more information.

Edited May 1, 2009 by usc

[Ree 9]

When did she have her interview?

[usc 0]

When did she have her interview?

The most recent one was last month.

[Kathryn41 3,205]

Hi all, here's my case. First of all, I'm a USC posting on behalf of my fiancee. Let's call her Ms. M.

Ms. M came to the US and met Mr. A. They got married and filed a petition for Ms. M's residency. She received a 2 year conditional GC.

They filed a joint I-751 to remove conditions and get Ms. M's 10 year greencard.

The marriage didn't work out for various reasons. It was bona fide, but they got divorced, after filing the I-751. I met Ms. M right as the divorce was starting.

Ms. M and I met after the divorce started, we moved in with me 4 months after we met (since she was in SoCal and I in NorCal), and we got engaged recently after being together for a year.

Ms. M got a biometrics appt which she attended, then later was called in for a second interview to present more information. She had lots of pictures, financials, leases, etc. showing the marriage was bona-fide. Despite the divorce being final at this point, the ex-husband also showed up to support Ms. M. He still remains very supportive of her and they are on good terms. The Immigration Officer (we'll call her IO) asked for more supporting documentation, all of which was sent within a week of the appointment.

The IO just called Ms. M and told her that she was denying the I-751 petition. She said that Ms. M was supposed to file the I-751 by herself (with d checked). IO stated that Ms. M has a good chance of getting her new petition accepted, she believes the marriage is bona fide, and she entered positive notes in the file. However, she told Ms. M that she is sending a letter (we have not received it yet) which will require Ms. M to immediately surrender her GC. Ms. M was obviously upset, and said that she wouldn't be able to continue her school. IO then called her back a second time and said she could keep the GC, despite that the letter is going to tell her to return it. Ms M thinks the IO was playing games with her. This whole part seems strange to me, but could have been a misunderstanding.

1. Should Ms. M's lawyer have known that the I-751 was supposed to be withdrawn and re-filed? I wasn't aware of this until reading visajourney for a few minutes... but someone who's an immigration professional would probably know this..? Yes, the lawyer should have known that once the divorce was final and there was no decision on the I-751 to withdraw that I-751 and submit a new I-751 with a waiver of the joint filing conditions.

2. I won't ask any questions until receiving the letter about what IO told Ms. M in terms of keeping her GC. The whole thing just doesn't make much sense, but of course that was a second hand conversation through Ms M. Don't know about this. Technically, until she gets the new I-751 filed she has no real status. The IO may be being nice to her because she believes the marriage is valid and a new I-751 properly filed will be approved so is letting her keep the card so she can attend school. If you can contact the IO and ask for clarification that might be a good idea.

3. Will the I-751 petition be denied, or just suspended/more info needed? If so, is this worse than having withdrawn the petition and filing a new one? I'm just not sure on the administrative / procedural issues involved here. The new I-751 will need to provide all of the supporting documentation submitted with the first I-751. A notarized letter from her ex attesting to the bona fides of the marriage would be nice. Don't rely on any of the information from the previous applicataion being carried over - this application must stand on its own. From the information submitted here it does sound like the application would be approved when it is filed under the proper category. The first denial was really based on a 'technicality', not the validity of the marriage. Be sure that she includes in her covering letter that her first I-751 was denied because she got divorced before it was approved so is re-submitting the I-751 based on her divorced status, thus the 'delay' in the dates of filing.

4. We kept this case going in SoCal despite Ms. M moved in with me in NorCal. Should we file the new I-751 in NorCal (presumably with a new lawyer), or keep it in SoCal so it's in the same office? I-751 applications are only handled in two USCIS Service Centers based on where you live in the country, not the State - Vermont SC and California SC - so you would submit the application to the same address she used originally. CSC (California Service Center) will process the application. The proper mailing address is included in the application instructions.

Thanks... I'm sure I'll have more questions going forward, and also more information. Good luck!

[Minya's wife 25]

1. Should Ms. M's lawyer have known that the I-751 was supposed to be withdrawn and re-filed? I wasn't aware of this until reading visajourney for a few minutes... but someone who's an immigration professional would probably know this..? Yes, that's what you're paying the lawyer for. Once a divorce is final, but removal of conditions has not yet been adjudicated, the petition should be withdrawn and a new one file. A lawyer who know his/her $hit should have advised the petitioner of this.

2. I won't ask any questions until receiving the letter about what IO told Ms. M in terms of keeping her GC. The whole thing just doesn't make much sense, but of course that was a second hand conversation through Ms M. Has her 2 year conditional card expired? If so, she must file to remove conditions by herself ASAP, if the 2yr greencard is still valid, there's no precedent for her having to surrender said card. It is issued for a 2 year validity period, regardless of if the marriage dissolves within that 2 year period.

3. Will the I-751 petition be denied, or just suspended/more info needed? If so, is this worse than having withdrawn the petition and filing a new one? I'm just not sure on the administrative / procedural issues involved here. It sounds like the petition will be denied, and with good cause. The original reason for the pettion - Removal of conditions based on a continuing, ongoing marriage - no longer exists.

4. We kept this case going in SoCal despite Ms. M moved in with me in NorCal. Should we file the new I-751 in NorCal (presumably with a new lawyer), or keep it in SoCal so it's in the same office?

If you've moved to a new address, you can notify USCIS and complete an address change. Your I-751 petition itself will be filed w/ the USCIS service center in Laguna Nigel, regardless of whether you're in No or So Cal.

Thanks... I'm sure I'll have more questions going forward, and also more information.