I-751 Waiver Filers Timeline

[Deep2009 18]

Based on my experiences with other members and info on VJ, I will second it "Don't give money to lawyers".

Like Cino said, earlier fillings is better.

Good luck

It means you have Conditional GC until July 2013, If you would be married at the time of filing ROC, normally you would file it between sometime in April 2013 & July 2013. (ROC Filing window opens 90 days prior to you Conditional GC expiration date). Recently, I have noticed that there is a big confusion on VJ about ROC filing date. it does not mean you have to file on that day as soon as window opens, you have 90 days to file.

I will give you a real example of my filing. I am still happily married. My Conditional GC expired on August, 26 2011, I would file the first day which the window opened on May, 28 2011, (USCIS uses this calculator http://www.uscis.gov...Calculator.html ) but I didn't. Because we were going for a long vacation; I did file ROC 2 weeks before on August, 12 2011.

But your case is different from mine, you got divorced already. When you get divorced during the conditional period, as soon as you get divorce decree you can apply ROC with a waiver anytime (Between the day you get divorce decree & your GC expiration date, in your case February 2012- July 2013), in other words you do not have to wait until April 2013. If you ask me, earlier would be better. You want to get it over with ASAP. You can not apply ROC without a divorce decree even if you do, you will get a RFE. Don't forget it takes 9 months without an interview to remove a condition at VSC & also get ready for most likely an interview. So your case will take 1 year+ because VSC is very slow moving & your case will be transfered to local office after all that wait.

Bottom line is : Since your divorce was finalized already in February 2012. Gather all evidences (show your marriage was bona fide one) & get your divorce decree & apply ROC ASAP. Let's say you do this in the next month May, probably you will go for Bio in June & after that you will wait at least 7-8 months to hear someting so if you want to gain some time, earlier is better. You can still travel & come back to US without any problems while your case is pending, plus you have a valid GC until July 2013 anyway. However, you can file also after coming back from vacation in August or September whatever the month is, but by doing that you will loose time unnecessarily. It is up to you, the ball is in your court. If you don't understand some points, please ask me, I am not going anywhere . By the way, next time don't give money to the lawyers for simple stuff like this.

[sapahm 0]

Based on my experiences with other members and info on VJ, I will second it "Don't give money to lawyers".

Like Cino said, earlier fillings is better.

Good luck

Thanks!! Cino and Deep2009 for your replies to my post. Yes you guys were right, but still on the safe side i took the paid consultation from an immigration attorney for my case and few of the things i want to share with you all over here, of what the attorney advised me do.

He too asked me to file the I-751 waiver based on divorce decree ASAP and his first questions was whether or not the divorce is finalized, if yes, who filed for the divorce, to which I replied that my wife filed for the uncontested divorce and it was on the grounds of conflict of personalities or insupportability.

Since our marriage just lasted for 2 months, he said it's a very complicated case and need to be heavily documented with evidences. But in my situation, i did not have much of the evidences as well. My marriage was conducted over here and my parents weren't able to attend the marriage so we we both decided to visit my parents back home and do a big function over their, but in that mean time, I got the interview date for my conditional green card. So we decided that once we are done with the interview we can travel to my home country and as per my wife's parents request we started living in my parent's house which was a big house. So the evidences what i have is of that address, and in this situation i didn't went for the apartment lease or rent, so i don't have any copy of that.

These are the only evidences i have it with me and which i am planning to send it to the USCIS:

1) Joint bank account statements

2) Joint phone statements, I have added a line on my phone line with my wife's name to my account, but she was never interested in using that phone so i don't have any phone records in the statement, except both of our names are their on the statements with the address.

3) Photos ----> Right after the marriage my wife started making complains of small things and was never interested in going out with me, so we didn't have that many pictures of after marriage, except of the marriage ceremony (which was attended by around 80-90 people) and the pictures of marriage reception (which was attended by around 200-300 people), so over all i can show 100-150 pictures and also I have a video recording of our marriage reception.

4) Car insurance id card's with both of our names added on that with the same address.

5) Original wedding card

6) Driver's license of mine and my wife's with the same address

7) Copy of the final divorce decree

Please guys give me your views and ideas on how to approach with these evidences to the USCIS. Also please do give me an idea of any other evidences you guyz this will be good.

And thanks to those who really put some effort in helping others by sharing their experiences and ideas on the forum.

[Cino 5]

I would add also Jointly Filed IRS Tax Trancripts, Health Insurance & your Flight Itinerary to India. If you miss some documents you can also show them to IO during a possible interview.

Good Luck & please keep us posted.

[sapahm 0]

I would add also Jointly Filed IRS Tax Trancripts, Health Insurance & your Flight Itinerary to India. If you miss some documents you can also show them to IO during a possible interview.

Good Luck & please keep us posted.

Thanks Cino for your prompt and quick reply to my post. We didn't filed joint IRS Tax Transcripts, since before filing IRS Tax returns, she filed for the divorce, i.e., in September last year. We don't have any joint health insurance as well and talking about the flight itinerary to India, i was the only one who traveled as she didn't wanted to come with me or not interested in meeting my parents. Apart from these if you come up with any of the other evidences which will work, please do let me know and once again thanks for responses.

[VJNG 0]

Hello I-751 Divorce 2011 Filers,

Has anyone filed a I-751 Divorce waiver and received a approval letter without an interview?

Can you guys tell me if an interview is mandatory before getting a waiver approved?

I filed on Aug 22, 2011 and my biometrics was on 10/24 . Havent heard anything from the USCIS yet. Still anxious.

Please share your experiences.Appreciare your help.

[noahsark 0]

Hello,

I am in the process of filing for I-751 waiver based on good faith marriage after divorce with my USC wife is complete. I am in the process of gathering evidence and would like your collective advice/feedback.

-Joint 2011 tax return

-Joint bank account statements every 3 months

-Copy of joint check used to pay property tax (my wife had a house in her name prior to marriage; we never thought to add my name even after I moved in..so i dont have joint lease for residence or anything like that...will that be a problem?)

-Copy of both drivers licenses showing same address

-Joint bank loan to purchase an automobile

-Car titles and registration showing joint ownership of 2 cars

-Car insurance showing both names

-Joint AAA membership

-Copy of pet license received from city department with both our names on it to show joint ownership of our dog

-Medical insurance showing that I am the beneficiary of her insurance and copy of the insurance cards showing same account number

-Copy of blood test exam showing we received madical care from the same physician.

-Various utility bills showing same address every 3 months

-Various cards and letters we received to our address from acquaintances, like wedding invitations

-Copy of receipts for various furnitures we purchased prior to marriage to furnish the house, including refridgerator and bedroom set.

-Copy of receipts for wedding related expenses, such as dress and albums.

-Copy of receipt for wedding rings purchased prior to marriage ceremony.

-60 photos of wedding ceremony, pictures of us in our daily life, pictures taken with families and friends over the length of marriage

-Copy of church bulletin offering free couples therapy that we attended to show attempts were made to rectify the marriage

So far, thats it. Do you think I would need more evidence? What else could I add? Would I be likely to get an RFE after sending just this? Thank your for your advice.

[Cino 5]

I think they are enough evidences, USCIS won't ask RFE from you but an interview (most likely).

You had better take these copies of documents with you If you go for an interview due to they (USCIS) tend to misplace everything.

Good luck .... please keep us posted.

[theredbird 1]

CR1Visa,

There are many people who filed a waiver and got approved without an interview. Anyone can be called for an interview - waiver or a non-waiver I-751 filer, but it is not mandatory... It could be just a random pick or may be the processing officer feels like the individual needs to be interviewed.

Noahsark,

Your evidence list looks pretty good..

[sapahm 0]

Hi guyz,

Need some advice from you guyz. Planning to hire Sheela Murthy law firm for my i751 divorce waiver case and she is very expensive. The only reason i'm planning to hire her is that my marriage was very short and i got very few evidences with me. Her office is in Baltimore MD, and she is charging more than $5000 for coming with me to the USCIS interview other than Baltimore MD (if USCIS calls me for an in person interview). So, my question is, am I doing a wise thing in hiring them as my attorney for my i751 divorce waiver case or do U guyz knows any attorney who is really good and not that much expensive. Please do respond with your advices.

Thanks

[sapahm 0]

Hi guyz,

Need some advice from you guyz. Planning to hire Sheela Murthy law firm for my i751 divorce waiver case and she is very expensive. The only reason i'm planning to hire her is that my marriage was very short and i got very few evidences with me. Her office is in Baltimore MD, and she is charging more than $5000 for coming with me to the USCIS interview other than Baltimore MD (if USCIS calls me for an in person interview). So, my question is, am I doing a wise thing in hiring them as my attorney for my i751 divorce waiver case or do U guyz knows any attorney who is really good and not that much expensive. Please do respond with your advices.

Thanks

The amount which i mentioned $5000, is for only if you are asking your attorney to come with you to the interview (if the USCIS calls for the interview), apart from the processing fee which is $4000 dollars. If you guyz know any other attorney with reasonable pricing, plz do let me know.

Also these are the evidences what i have it with me, can anyone of you guyz suggest me with some more or any ideas please.

These are the only evidences i have it with me and which i am planning to send it to the USCIS:

1) Joint bank account statements

2) Joint phone statements, I have added a line on my phone line with my wife's name to my account, but she was never interested in using that phone so i don't have any phone records in the statement, except both of our names are their on the statements with the address.

3) Photos ----> Right after the marriage my wife started making complains of small things and was never interested in going out with me, so we didn't have that many pictures of after marriage, except of the marriage ceremony (which was attended by around 80-90 people) and the pictures of marriage reception (which was attended by around 200-300 people), so over all i can show 100-150 pictures and also I have a video recording of our marriage reception.

4) Car insurance id card's with both of our names added on that with the same address.

5) Original wedding card

6) Driver's license of mine and my wife's with the same address

7) Copy of the final divorce decree

thanks

[VJNG 0]

Anybody who filed I-751 Divorce waiver in July or August 2011?

Have you got approval on your GC?

Please let me know

[Yurika & Jim 77]

received my biometrics date - 04/06/2012

Updating Pete J's Bio date

Hello I-751 Divorce 2011 Filers,

Has anyone filed a I-751 Divorce waiver and received a approval letter without an interview?

Can you guys tell me if an interview is mandatory before getting a waiver approved?

I filed on Aug 22, 2011 and my biometrics was on 10/24 . Havent heard anything from the USCIS yet. Still anxious.

Please share your experiences.Appreciare your help.

Adding CR1Visa to VSC list

California Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

BASKETBALLHEAD....01/25/10......02/03/10......02/24/10................03/08/10..(Divorce)

CHANCE2BHAPPY.....03/23/10......--/--/10......04/30/10....11/15/10....11/24/10..(Divorce)(Never received NOA, I-551 stamped 08/10)

MACHITA...........04/27/10......05/07/10......06/16/10................08/20/10..(Divorce)

JUSTMENOW.........05/18/10......05/20/10......09/07/10................12/23/10..(Death)

HENRY DG..........06/26/10......06/28/10......08/27/10................12/02/10..(Divorce)(RFE sent 11/18/10)

MBUK..............07/23/10......08/06/10......09/03/10....04/12/11....04/12/11..(Divorce)

CHARLIE84.........10/20/10......11/17/10......12/15/10....04/19/11....--/--/11..(Divorce)

FAUSTINAK.........11/18/10......11/22/10......02/03/11................02/16/11..(Divorce)

PHINUS............12/16/10......12/24/10......??/??/11................03/16/11..(Divorce)(Early Bio 1/27)(RFE received 2/24)

KAYLE.............01/08/11......01/10/11......03/03/11................04/25/11..(Divorce)

DESERTBLUE88......01/18/11......01/24/11......02/23/11................03/23/11..(Divorce)(Early Bio 2/22)

BLUE123...........01/18/11......01/24/11......03/04/11................01/23/12..(Divorce)(RFE received 4/26, responded 5/10)(Denied 10/26/11, lawyer filed to case reopen 12/10/11)

SOBAD.............04/18/11......05/05/11......06/02/11....12/21/11....12/22/11..

CCA...............04/21/11......04/??/11......05/24/11................07/13/11..

RABBIT75..........07/25/11......08/05/11......08/26/11....11/08/11....11/28/11..

MJHAWK............02/06/12......--/--/12......--/--/12................--/--/12..

PETE J............03/06/12......03/07/12......04/06/12................--/--/12..(Divorce)

Vermont Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

MR2100............12/23/09......12/28/09......01/25/10....07/28/10....07/28/10..(Divorce)(Approved @interview, card production ordered 8/09)

I751..............01/07/10......01/13/10......02/09/10....08/08/11....09/01/11..(Divorce)

OKALIAN...........01/22/10......01/26/10......02/19/10................04/30/10..(Divorce)

GOLDFEE111........02/02/10......02/08/10......04/15/10....07/26/10....08/06/10..(Divorce)

IAMWHATIAM80......03/11/10......03/17/10......04/12/10....10/05/10....10/05/10..(Divorce)(Approved @interview, card production ordered 10/13)

LATOSLATOS........03/18/10......03/22/10......04/16/10................06/22/10..(Divorce)

AMANINNYC.........05/03/10......05/06/10......07/06/10................08/09/10..(Divorce)

CHIPSAHOY.........05/07/10......05/10/10......06/17/10....01/03/11....01/04/11..(Divorce)(card production ordered 1/12)

DHSPLEASE.........06/01/10......06/11/10......08/25/10................09/08/10..(Divorce)

NIMAAN............07/--/10......07/20/10......08/20/10....04/28/11....05/11/10..(Divorce)(RFE received 9/16, responded 10/26)

ANDRES0603........07/19/10......07/26/10......10/12/10................11/05/10..(Divorce)

WI751.............07/31/10......08/04/10......11/10/10................??/??/10..(Divorce)(card received 12/27)

FIZZAPAL..........09/10/10......09/14/10......09/24/11....01/11/12....01/11/12..(RFE received 12/15, responded 1/19)

GEMINDSIMS........11/06/10......11/08/10......01/18/11................--/--/--..

BRNIE80...........11/18/10......11/22/10......01/07/11....05/05/11....05/16/11..(Divorce)

BABYBIGPIG........11/19/10......--/--/--......02/25/11................??/??/11..(Never received NOA and got I-551 stamped)(card received April 2011)

ELIKHOM...........12/27/10......01/03/11......02/07/11................06/16/11..(Divorce)

JOEY_77...........01/03/11......01/07/11......02/17/11................09/29/11..(Divorce)

OJAY..............01/08/11......01/11/11......03/08/11................03/07/11..(early bio 02/18)

RESILIENT.........03/08/11......03/09/11......04/04/11................10/21/11..(Divorce)(Decree sent 04/22)

ITGUY.............04/06/11......04/??/11......06/21/11................--/--/11..(Divorce)

WINTERDAY11.......04/??/11......04/18/11......06/16/11................11/18/11..(Divorce)

HAITI509..........05/20/11......--/--/11......--/--/11................--/--/11..(Divorce)

AZOUPIME..........05/20/11......05/26/11......06/21/11................12/22/11..(Divorce)

CR1VISA...........08/19/11......08/22/11......10/24/11................--/--/12..(Divorce)

SCOTSMAN..........11/01/11......--/--/11......--/--/11................--/--/12..(Divorce)

THEREDBIRD........01/10/12......01/13/12......02/17/12................--/--/12..(Divorce)

[stacys 9]

I filed I-751 based on divorce. Filed early August 2012, Noa dated August 9th, biometrics September 1st. I haven't heard anything until May 19th when I recieved a RFE from Vermont. They asked me to send them my final divorce decree, which had been mailed to them with the original package. My guess they either lost it or just missed it in 300 pages of evidence of bona fide marriage i provided. The waiting game goes on.

[VJNG 0]

Stacy,Did you mean Aug 2011?

Anybody else who have had RFE's , interviews or approvals please

I am getting anxious:)

[Gummibear 5]

Hello everyone!!!

I'm new to this thread and have read couple of I-751 divorce waiver petitions and their success stories. Really felt glad and relaxed after looking at that many success stories.

My marriage was a good faith marriage and I got my conditional green card in July 2011. I got divorced on the basis of conflict of personalities between me and my wife and my wife filed the divorce and has being finalized in February 2012. After reading couple of the threads of when to file the I-751 divorce waiver, I took the paid consultation from few of the very good reputed attorneys, just to make sure whether I have to file the I-751 petition waiver right now or do I have to wait until the 90 days before the expiration of my green card, i.e., April 2013. So as per them, it's no where written that the I-751 divorce waiver has to be filed right after the divorce is finalized, instead it has to be filed as normal, 90 days before the expiration of the green card. So wanted to know when will it be good to file it.

Also as i'm planning for a international visit in next July or August 2012, so will it be ok! if I file it next year and still be able to travel and come back without any problem. I spoke to one of the attorney's and as per her, it should not be a problem, and also she said she will charge $150 just to be their, if any problem or issue comes up when returning to US at the port of entry. But still she was saying that it should not be a problem as you have got the legal document with you to travel. So wanted to know that if I decided to I-751 waiver next, which is 90 days before the expiration of the my conditional green card, and still if I travel outside US in the next 3, 4 months. So will it be safe.

These things are really bothering and confusing me, can anyone please help me in answering to these questions please. Any help or advice will be greatly appreciated.

Thanks

I am also a divorce waiver and I have this answer from a lawyer about the time to file I-751: "You CAN wait until the 90 day expiry period, or you can choose to file earlier. The law allows you to file this before the 90 day period, if you wish to do so.

Note that the Department of Homeland security can terminate your conditional residency status before the two year period based on the divorce (although this would only happen if they were made aware of it). Even then, if they do terminate it, they must give you official notice and then you are allowed to file the I-751."

HOWEVER, it is SAFE to file I-751 as soon as you have finalised divorce decree. Why would you want to risk the USCIS

questioning your motives? Or why wait for the DHS to initiate removal proceedings before filing your waiver request?

About the extension letter NOA, you will get it within the first month you file I-751 and it will extend your green card for 1 more year, from the expiration date of your card, not the date you filed I-751 .

By the way, does anybody knows why USCIS denied a case of a California filer last October??? I am so confused and stressed out because I don't have many financial documents, e.g joint bank acct, health insurance...