Unable to file an I-751 waiver with a divorce decree; what should I do?

[rika60607 215]

If you could attend this interview with your not yet ex-wife (there is no divorce decree yet, right?) that would be the best. Cases when I-751 were converted to waivers happened that way - during the couple being interviewed.

Do bring evidence with you - originals AND copies. Bring more than you have to, photographs prior to separation, whatever you have.

If you absolutely can not attend this interview, write an affidavit of support for your wife (details of the marriage and reasons for divorce) and provide her with all the evidence you can. With that, she could go to an InfoPass appointment and explain the situation to the Immigration officer. IO may be able to help or suggest the best way to deal with the situation. As is, there is a miscommunication between you and USCIS, and that rarely ends well.

Here's the latest: We filed the I-171 last year. USCIS sent an RFE back in October, which we returned along with an explanation that we were filing for divorce but didn't have a divorce decree yet. We expect to have a divorce decree within the next week or two.

Today we received an appointment for the I-171 Joint Petition. USCIS is asking me to be there and that we bring as much evidence as possible to establish that our marriage was bonafide. First off, I can't be there as I'm not currently in the same city/state as my ex-wife. Secondly, I'm a little confused why they're asking for all the evidence when they already sent an RFE. I guess they want us to show the same evidence again?

My question is this: given that I can't be at the appointment, should we cancel it even though we'll be divorced by then, and we'll have a divorce decree to present? Or should we reschedule it so that together we can explain our situation to the officer?

As always, thanks for your help!

[Joshua Kaufman 1]

There will be a divorce decree very soon - probably this week. I unfortunately can't attend the interview. They didn't exactly call ahead to see if I could make it - surely interviews have been rescheduled before for this reason?

The advice to bring as much evidence as possible is good. We have some evidence, but not a lot. Is the Affidavit of Support you're referring to an official form somewhere? This one? http://www.uscis.gov/i-134

If you could attend this interview with your not yet ex-wife (there is no divorce decree yet, right?) that would be the best. Cases when I-751 were converted to waivers happened that way - during the couple being interviewed.

Do bring evidence with you - originals AND copies. Bring more than you have to, photographs prior to separation, whatever you have.

If you absolutely can not attend this interview, write an affidavit of support for your wife (details of the marriage and reasons for divorce) and provide her with all the evidence you can. With that, she could go to an InfoPass appointment and explain the situation to the Immigration officer. IO may be able to help or suggest the best way to deal with the situation. As is, there is a miscommunication between you and USCIS, and that rarely ends well.

[rika60607 215]

Yes, she could also try to reschedule - I believe there should be instructions for it on the appointment letter?

The Affidavit of Support I am refering to is not an official form. It is just a letter from you (one of evidences suggested in I-751 instructions). It should say

Affidavit in Support of Name's application to remove conditions.

I (your name), a former husband of "Name", born on xx/xx/xx in "City", support my former wife's application to remove conditional status of her GC. Then you explain that your marriage was bona fide, you can write about how you met, story of your relationship and reasons for divorce. That you are in good relationship and you have a child together, right? So you can say it is important for you that both parents continue to have access to the child, so you need them to stay in the US.

You can notarize this letter if you like.

There will be a divorce decree very soon - probably this week. I unfortunately can't attend the interview. They didn't exactly call ahead to see if I could make it - surely interviews have been rescheduled before for this reason?

The advice to bring as much evidence as possible is good. We have some evidence, but not a lot. Is the Affidavit of Support you're referring to an official form somewhere? This one? http://www.uscis.gov/i-134

[Joshua Kaufman 1]

I know she could reschedule; the question is: should she?

Thanks for clarification regarding the Affidavit. No, we never had a child together. He son is from a relationship she had before we met, but suffice to say that her son and I have a good relationship.

Yes, she could also try to reschedule - I believe there should be instructions for it on the appointment letter?

The Affidavit of Support I am refering to is not an official form. It is just a letter from you (one of evidences suggested in I-751 instructions). It should say

Affidavit in Support of Name's application to remove conditions.

I (your name), a former husband of "Name", born on xx/xx/xx in "City", support my former wife's application to remove conditional status of her GC. Then you explain that your marriage was bona fide, you can write about how you met, story of your relationship and reasons for divorce. That you are in good relationship and you have a child together, right? So you can say it is important for you that both parents continue to have access to the child, so you need them to stay in the US.

You can notarize this letter if you like.

[VanessaTony 3,567]

I know she could reschedule; the question is: should she?

Thanks for clarification regarding the Affidavit. No, we never had a child together. He son is from a relationship she had before we met, but suffice to say that her son and I have a good relationship.

How far away is her interview? You said she should have the decree in a week or something, so I would personally make an infopass appointment (unless the office is really far away then i'd just attend the interview) and tell them that you're divorced and want the application converted to a waiver application.

(this is what she should do but I'm just saying "you" to make it easier ).

The interview CAN be rescheduled but there have been issues where the interview wasn't done on the system properly or whatever and they have their file denied because they didn't attend the interview. It's completely ridiculous but it happens a fair bit. Anyway I wouldn't personally reschedule it. If the interview is close I would just attend with the evidence of bonafide relationship and the divorce decree and ask for it to be converted to a waiver application.