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Posted

Thanks to TracyTN, I know I can send my package in before my divorce is final.

Now the question is under what name I do it? I can't legally change my name before it's final, and all my proofs are under a marital name. I want to revert to my maiden name ASAP, and I still have that name in the national passport.

My plan was to file under maiden name and after all is finalized, send them a divorce decree and a name change order. Is this a right way to do it?

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
  On 9/28/2012 at 2:06 PM, galephys said:

Thanks to TracyTN, I know I can send my package in before my divorce is final.

Now the question is under what name I do it? I can't legally change my name before it's final, and all my proofs are under a marital name. I want to revert to my maiden name ASAP, and I still have that name in the national passport.

My plan was to file under maiden name and after all is finalized, send them a divorce decree and a name change order. Is this a right way to do it?

You are legally able to change your name with the divorce decree, as with the marriage certificate.

I would do exactly as you stated, file in your maiden name and they will RFE for proof of name change and divorce decree. This is your divorce decree in both cases.

I see this is the other thread you are talking about: http://www.visajourney.com/forums/topic/391404-divorce-decree-after-the-window-for-filing-closes I suggest that if you're filing in the 90 days that you do so around a month or so before your card expires. Try not to do it too early because you will want as much time to finish the divorce as possible.

Edited by Vanessa&Tony
Posted
  On 9/29/2012 at 9:10 PM, Vanessa&Tony said:

Try not to do it too early because you will want as much time to finish the divorce as possible.

Oh, that sh*t will be done by the end of the year, I promise you. I have had enough. Basically now EX has to choose a date for the hearing out of 3 available, then another hearing in a month and 2 weeks later I'm done. DONE!!

After they choose a date I will send the package under my maiden name, it's 99% ready now.

Thanks!

My immigration journey

July 2009 - F1 student PhD program

AOS
June 2010 - married USC

August 2010 - sent I-130 and I-485

December 2010 - CGC received.
December 2010 - ex-husband got crazy
May 2011 - separated
November 2012 - divorced!!

I-751 waiver

October 13 - filed I-751 waiver by myself
November 28 - BIO & InfoPass to submit a divorce decree

December 2012 - CGC expires

May 3 2013 - RFE received, asked for a divorce decree (haha) and address clarification + more evidence

July 6 2013 - RFE mailed and received

September 2013 - InfoPass, passport stamped to extend my status

November 2013 - Finally an interview is scheduled
December 12 2013 - Interview. Approved without any questions, passport stamped. Same officer who did my initial interview (I was told "I saw it coming, don't give up on love" :) )

December 27 2013 - Card received, too bad I was overseas

January 2014 US entry, special screening, but admitted instantly once I got to speak to the officer. It's a standard procedure if no valid GC on hand.

July 2015 - MARRIED in Russia

N-400

October 2015 - N-400 sent

February 2016 - interview and test

March 2015: USC!

DCF for my husband

April 2016: InfoPass to file I-130 in Moscow, approved on the same day.

May 2016: DS-260 interview - AP for "dangerous" work field

July 2016: visa issued! 59 days in AP.

May 2018: filed I-751 

June 2018: 18 months extension received

I traveled all over the world in the meantime, no problems with visas and entries, occasionally some explaining and more documents to haul around.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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