getting divorce

[LOSTINSPACE2 0]

Hi all.I hope somebody out there can help me with my questions here today.I got RFE and i sumitted some of those they were asking from me when i filed my I-751.I filed waiver myself.Am i still submitting those i already submit before?That was from lastyear when friends make affidavit from the marriage and bank statement was last year too.My divorce is soon to be final and i was still married when i filed the I-751.I read some of you guys have widrawn the application or waiver..and why is that???DO i need to call USCIS and tell them i am soon divorced???or shall i still submit those evidence they needed and wait for the decission?What is th best thing to do??? thanks in advance for the advice

[Luisclus 0]

Hi all.I hope somebody out there can help me with my questions here today.I got RFE and i sumitted some of those they were asking from me when i filed my I-751.I filed waiver myself.Am i still submitting those i already submit before?That was from lastyear when friends make affidavit from the marriage and bank statement was last year too.My divorce is soon to be final and i was still married when i filed the I-751.I read some of you guys have widrawn the application or waiver..and why is that???DO i need to call USCIS and tell them i am soon divorced???or shall i still submit those evidence they needed and wait for the decission?What is th best thing to do??? thanks in advance for the advice

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You can't file a waiver because you are still married. So, if they are asking for your decree of divorce, they are going to look for the date that you got divorced. They do not want to hear that you are filling a divorce; they want to know your present status with your wife. I suggest that you get divorced before your two year conditional residency expires so that you won’t run into any problems. Because, if you are still married at the time that your two year conditional green card expires but legally you are still married, they are going to send a letter denying your application because you would be lying about your status of being divorced from your wife (You are not legally divorced until you have it decreed so in a court house.); they are going to give you 60 days to re-apply. Be prepared to provide more evidence of your marriage such as joint bank account/pictures/credit cards/loans/insurance/birth certificate of your son or daughter (if applicable)/taxes, etc… and a new affidavit.

Good luck!!!!!

[LOSTINSPACE2 0]

i file myself cuz he's abusive to me that time.So after i left him i had to file removal of my conditions because i am not with him anymore..he is the U.S. citizen.

[Chica Yeyé 41]

If you are not divorced, you cannot self-petition.

[Luisclus 0]

you must read the Instructions for I-751, Petition to Remove Conditions on Residence

If you are filing to waive the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, also file your petition with the following:

A. Evidence of the physical abuse, such as copies of reports or official records issued by police, judges, medical personnel, school officials and representatives of social service agencies, and original affidavits as described under Evidence of the Relationship; or

B. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries.

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.

If you are filing for a waiver of the joint filing requirement because the termination of your status and removal would result in ''extreme hardship," you must submit with your petition evidence that your removal would result in hardship significantly greater than the hardship encountered by other aliens who are removed from this country after extended stays. The evidence must relate only to those factors that arose since you became a conditional resident.

[LOSTINSPACE2 0]

yes i file the waiver saying i was battered by us citizen.I didnt made sworn statement or affidavit how it happen...so when i got my rfe..it is asking that i have to make affidavit or sworn statement.He is abusive that is why i can no longer remain with him.I know i submitted joint account and our joint tax but they still asking from me to submit.Also affidavit from friends knowing our ralationship..i submitted letter but it is not sealed.I called USCIS and they told me that of its not say updated copies of those i already submitted..i still can submit those things eventhough i already submitted before.

[Chica Yeyé 41]

But if you are not divorced.... you cannot file on your own.

[NArocks 13]

Do you have police reports? Why are you not divorced yet? You need to prove the abuse you are claiming to the USCIS, especially if you are not yet divorced.

[LOSTINSPACE2 0]

But if you are not divorced.... you cannot file on your own.

i was battered and when i submitted my papers i am still married to him cuz our divorce is not final yet but its soon over..yes i have police reports

Edited July 31, 2009 by LOSTINSPACE2

[NArocks 13]

But if you are not divorced.... you cannot file on your own.

i was baterred and when i submitted my papers i am still married to him cuz our divorce is not final yet but its soon over

Did you sumbit the proof of this as far as police reports etc ( for being battered? You may want to contact catholic charities as they can also help you with this case.

[Chica Yeyé 41]

But if you are not divorced.... you cannot file on your own.

i was baterred and when i submitted my papers i am still married to him cuz our divorce is not final yet but its soon over

This from the instructions:

C. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty.