Divorce after joint i751

[VeryConfuse 0]

hello everyone,

i am new in this forum.

i am very confused about the status and process of my i751 Application.

1. filed joint i751

2. went for biometrics appointment.

3. immigration officer stamped passport for one year Extension of GC.

4. havent heard or received anything from USCIS since the Biometrics appointment.

Now the Problem is ; My wife wants to get divorce and my GC expires in few days.

i looked all over the internet if anyone had any situations like mine, i could not find it.

i think the divorce will be final in one or 2 weeks but my GC expires in two days.

i can not afford too much to go talk to lawyer and consult. i am trying to get some ideas. what should i do after divorce?

USCIS received my joint i751 application on first week of may 2012, biometrics appointment was on june second week. Now all i am doing is waiting...

Very Very Confused and lost. what next?

need some Help pls.

thank you

[Penguin_ie 5,996]

*** Moving from CR-1 to Effects of Major Changes forum ***

[VeryConfuse 0]

*** Moving from CR-1 to Effects of Major Changes forum ***

What is moving from cr-1? I am not very familiar with these situation. Would you please explain little more about it.

[Penguin_ie 5,996]

You posted your issue in a forum for the CR-2 spousal visa. But your question is not about the spousal visa, but about what happens with Removal of Conditions (ROC) during/ after divorce. Our forum for that sort of question is called "Effects of Major Family Changes on Immigration Benefits", and I moved your post to this forum.

[VeryConfuse 0]

Thank you for your help on finding the right place for my topic. so i should just wait until someone one comes with opinion?

because i am very lost and dont even know what to do next:((

[VanessaTony 3,567]

Thank you for your help on finding the right place for my topic. so i should just wait until someone one comes with opinion?

because i am very lost and dont even know what to do next:((

You need to change your filing to a waiver filing. I believe you can wait until your divorce is final before you update them OR you update them at the interview (if you get one) and tell them you need to change it to a waiver filing.

You still need to provide evidence of relationship and all that and you WILL need the divorce decree to get your GC (if you have to change to a waiver filing)

[VeryConfuse 0]

Thank you for the reply,

my divorce is not final yet. it might take week or two to finalize it.

After that what if i dont get the interview date? What should i do? How long should i want to do the waiver filing?

Also ,

how do i file waiver filing? and where?

what evidence do i need to submit?

when i applied for i751, i have submitted lots of paper;

List of included Documents:

• joint From I-751

• Application Fees (Application and Biometric fees)

• Copies of Permanent Resident Card

• Lease Agreement

• Copy of Marriage Certificate

• Copies of Passport

• Copies of Driver licenses (both)

• Joint Tax Return (Year 2009, Year 2010, Year 2011)

• Life Insurance Policy (me beneficiary)

• Joint T-Mobile Account

• Joint Cox Communication (Authorized user)

• Joint Automobile Insurance

• Joint Vehicle Ownership Title

• Joint Renter Insurance

• Bank of America Checking Account (VOID Check Attached)

• Copies of Previous Checking Account of Bank of America

• Affidavit of support letters

• joint Fitness Membership

• Copies of Credit cards (Authorized)

• Movie Tickets

• Wedding and Additional Photos

• Copy of Address Change from USCIS

• Documents from Bank of America for closed joint Account

these are the documents i have submitted to them with the application. what else do i need to prepare in order to to file wavier?

would you please give me some ideas.

thank you.

[Sandra G. 5,057]

If your divorce is FINALIZED BEFORE USCIS adjudicates your I-751 you can send a REQUEST stating that you would like to have the joint filing petition treated as a WAIVER PETITION. There is a memo from USCIS stating that(April 3, 2009 by Donald Neufeld, Acting Associate Director of U.S.C.I.S. titled, "I-751 Filed Prior to Termination of Marriage," . You will have the opportunity to request a waiver to the joint filing without refiling.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

(read page 03)

Edited July 26, 2012 by sandranj

[VeryConfuse 0]

thank you so much for the information.

what documents do i need to send when applying for waiver? every document i had, i sent it to them with the i751 application.

thank you

[Sandra G. 5,057]

If your divorced is finalized you must submit the I-751 waiver along with ALL documents you submitted before plus your divorce decree, and after submitting the waiver do not forget to withdraw the I-751,otherwise both petitions will be adjudicated and you will have a big problem.

Edited July 28, 2012 by sandranj