regarding a divorce

[rabbit75 2]

Hello,

I will be filling for the I-751 waiver to remove my conditional permanent resident probably next year once our divorce is complete.

I was wondering if it would affect filing for the I-751 waiver if I am the one who files for the divorce. (I don’t want USCIS to get the wrong idea that I am the one who broke the marriage which is not true.) Does the divorce decree indicates the petitioner? Would that affect obtaining permanent green card?

My husband (US Citizen) is in overseas and figured it might be better and faster for me to file it and send it to him since I am in the States. And also, at least I would feel better since I'll have some kind of control over something.

Any advice would appreciated. Thank you in advance.

[Okalian 41]

The divorce decree does mention the petitioner, but it's not USCIS's concern. They really care about how the marriage started and how "real" it was, i.e being a bonafide marriage. As far as how the marriage ended, it doesn't matter. Just make sure you bring as much evidence as you can. Also it won't hurt to include a personal statement, it may spare you an interview.

[rabbit75 2]

Thank you Okalian for your reply.

Btw, I am a huge fan of yours. I read most of your posts and it helped me alot. I bet many people with similar situation feel the same way. Thank you.

Since he was a student last year, we don't have like joint life insurance, joint credit card.

All I have are as follows:

• Apartment lease with both of our signiture on it
• Joint bank account statements
• Joint saving account statements
• Joint car insurance statement
• Jointly filed Federal Income Tax Statements for the years 2009
• Electricity bills with my name, Comcast bills with his name( Same address)
• Cellphone statements (we are under his parents family plan)
• Affidavit letter from my counselor
• Affidavit letter from in-laws
• Affidavit letter from friends (planning to get as many as possible)
• Affidavit letter from my husband (indicating that it's not my fault)
• Plane ticket itinerary
• Photocopy of passport indcating that we travelled together
• Pictures of our lives together

Would that be enough? Is there any thing else I need to prepare?

Since we moved from one State to another, I couldn't pack all our things including letters and documents so I had to discard them which was stupid thing to do.

P.S : Would it save my time if I file for the I-751 once I get the divorce complaint (btw, what is this?) and submit the divorce decree later on when the divorce is final? It only takes 90days + for me to get divorce here in this State.

[Okalian 41]

It's always a pleasure knowing I'm beneficial for someone But there's other members here who are far more knowledgeable than me, I'm sure they'll probably be far more helpful than me as well.

Your evidence list looks good. They really tend to focus alot on joint finances (taxes, bank accounts, etc) and residence (lease or mortgage). In my case I included a ridiculous amount of evidence that i really think was too much, but i don't see how that may have hurt I, too, included an affidavit from my marriage counselor, which is proof that you really wanted the marriage to work. As I said earlier, try to include a personal statement about your marriage and how/why it came to an end. I think that this is one of the primary reasons (ofcourse after God's Will!) for not being called for an interview. I think other members here who didn't get an interview similarly included a personal statement.

You can see the details of my evidence package here

http://www.visajourn...ost__p__3947165

When does your greencard expire? If you think your divorce will finalize prior to your greencard's expiration, then simply file once your divorce is finalized. Because if you choose to file now and get the RFE (request further evidence) notice asking for your divorce decree and for any unforseen circumstances your divorce take longer than anticipated, your waiver may be denied for failing to provide the divorce decree within the time margin they requested. You can buy yourself some time and apply only if your greencard's expiration is approaching, or once your divorce is finalized, whichever is sooner.

[rabbit75 2]

Once again thank you for your reply, Okalian.

My card expires August 4th 2011 so I'll wait since I have some time.

If it wasn't for VJ and people like you I would've completely lost if. GOD BLESS YOU!!

[VanessaTony 3,567]

Please bear in mind once your are divorced you are no longer "protected" and are deportable. One of the conditions of the conditional card is that you are married to your USC petitioner. This is why you must apply for the waiver. Once you are divorced you MUST apply for the I-751 asap, to protect yourself and your status. You can apply for the I-751 early if applying based on a waiver, but not late. I would file for divorce now to ensure everything is done on time. It's never run to rush, or worry about it.

[rabbit75 2]

Thank you Vanessa&Tony. I'll keep that in my mind. Yeah I am trying to collect as many evidence as possible and file for the waiver right after I get the divorce decree. I am gonna check with my lawyer next week and start the divorce.

[JimVaPhuong 4,863]

Thank you Vanessa&Tony. I'll keep that in my mind. Yeah I am trying to collect as many evidence as possible and file for the waiver right after I get the divorce decree. I am gonna check with my lawyer next week and start the divorce.

Ok, I'm going to be the muckraker and ask the stupid question. Are you from the Philippines?

[rabbit75 2]

JimVaPhuong, No I am not from Philipines. Why do you ask?