Final Divorce with pending I-751

[kznova 2]

I have pending I-751 was filled jointly with my wife, and she filled for divorce and it is final now

Iam going to reapply again as a waiver and already prepared the package and getting ready to send it

My quastion is, should I write a letter to withdraw the pending jointly application and send it with the new package or send the letter first to withdraw the pending application then reapply as a waiver later

[anjinsan 4]

I have pending I-751 was filled jointly with my wife, and she filled for divorce and it is final now

Iam going to reapply again as a waiver and already prepared the package and getting ready to send it

My quastion is, should I write a letter to withdraw the pending jointly application and send it with the new package or send the letter first to withdraw the pending application then reapply as a waiver later

You should contact an attorney, but I believe you need to contact USCIS as soon as your divorce is final (you have a divorce decree),and they will adjust your status from filing jointly to filing with a divorce waiver. Please someone correct me if I'm wrong.

On a related note, if your wife files for divorce after you filed jointly...but your divorce is not final by the time your I-751 gets approved...what do you need to do, if anything?

[Sandra G. 5,048]

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Edited June 26, 2012 by sandranj

[Sandra G. 5,048]

If you were separated but not divorced yet when you filed the I-751 you can ask to convert the I-751 in waiver, but if you were not living together when you filed the I-751 then you need to file the form I-751 waiver and withdraw the old one.Good luck

[anjinsan 4]

If you were separated but not divorced yet when you filed the I-751 you can ask to convert the I-751 in waiver, but if you were not living together when you filed the I-751 then you need to file the form I-751 waiver and withdraw the old one.Good luck

We were married/living together when we filed jointly (in april). Now she has filed for divorce, however it will take at least 6 months before it's final (i.e. divorce decree). My I-751 will most likely be approved by that time. What (if anything) do I need to do, if USCIS does not require further evidence or ask for an interview? Our marriage is/was based on good faith and we submitted a ton of evidence covering 2008-2012. Thanks for the input!

[anerom 0]

We were married/living together when we filed jointly (in april). Now she has filed for divorce, however it will take at least 6 months before it's final (i.e. divorce decree). My I-751 will most likely be approved by that time. What (if anything) do I need to do, if USCIS does not require further evidence or ask for an interview? Our marriage is/was based on good faith and we submitted a ton of evidence covering 2008-2012. Thanks for the input!

I have a similar situation,we filed jointly july 2011, interviewed together september 2011, then he filed for divorce january 2012 and the divorce was finalized july 2012 and i still dont have approval from USCIS, i had a lawyer when he filed for divorce and the lawyer just told me to wait, but its been a while so i'm gonna go see a different lawyer.. what did you have to do? did you get your green card already? do you have any advice?

please reply here or e-mail?

Thanks!

[VanessaTony 3,567]

I have a similar situation,we filed jointly july 2011, interviewed together september 2011, then he filed for divorce january 2012 and the divorce was finalized july 2012 and i still dont have approval from USCIS, i had a lawyer when he filed for divorce and the lawyer just told me to wait, but its been a while so i'm gonna go see a different lawyer.. what did you have to do? did you get your green card already? do you have any advice?

please reply here or e-mail?

I agree with your attorney. At the time you interviewed you were married. I would be concerned it's been over 12 months without approval though. I would have your attorney follow it up. If your ex-wife has withdrawn her support then you'll need to change to a waiver filing, or if they try and interview again you'll need to change, but for now, get your attorney to find out what is taking so long. You should NOT be waiting 12 months following the interview :S