divorce 3 weeks before 10 GC approved.

[VanessaTony 3,567]

I sent them a letter stating that i was withdrawing the joint and instead filing a waiver including the divorce decree and a money order written out to the correct amount for the fee.

The letter was correct, the money was not. It seems that you confused them. Your card must have been approved already.

Make an infopass and ask them about it.

[Villanelle 4,122]

Sorry Capri you're incorrect about the withdrawal. You do not need to withdraw the previous application, you simply need to change it to a waiver filing. Personally I'd have made an infopass and done it there. There is NO new form, there is NO new fee. it's a simple change of the application type. Happens often.

You're also incorrect that the ROC being approved after FILING divorce means a joint petition can't be approved. It can. It's only once divorce is final that it needs to change. If they get approved before the divorce is final, that's fine. If they get approved AFTER the divorce is final, that's a problem.

However you're right about the rest. The OP was approved on a joint petition incorrectly. It should have been changed to a waiver petition once the divorce was final. The OP will ultimately pay the price for USCIS' mistake :S

yes yes. I see. You are very correct in your first paragraph. The way I wrote in haste does not say the same thing that you are saying. I said ' you have to withdraw your joint petition and submit a new one with a waiver' and the correct thing is you need to withdraw your joint petition and change to a waiver petition. It was a miswording on my part. Minor wording issue, but I guess the point is, I was trying to say you need to submit something to say hey Im changing to a waiver now.

But your second paragraph-- Not that Im saying you dont know your stuff, but are you sure ROC can be approved if you are in the process of being divorced or separated but its not finalized? That seems to fly in the face of all logic (?) If its true then the OP has nothing to worry about, He stated that his divorce was initiated right before his GC was issued (he sent them a letter asking to be switched to waiver along with a copy of the notice he received that his wife filed for divorce- the original papers he was served, not a final decree) and it was finalized after the GC was issued.

[VanessaTony 3,567]

yes yes. I see. You are very correct in your first paragraph. The way I wrote in haste does not say the same thing that you are saying. I said ' you have to withdraw your joint petition and submit a new one with a waiver' and the correct thing is you need to withdraw your joint petition and change to a waiver petition. It was a miswording on my part. Minor wording issue, but I guess the point is, I was trying to say you need to submit something to say hey Im changing to a waiver now.

But your second paragraph-- Not that Im saying you dont know your stuff, but are you sure ROC can be approved if you are in the process of being divorced or separated but its not finalized? That seems to fly in the face of all logic (?) If its true then the OP has nothing to worry about, He stated that his divorce was initiated right before his GC was issued (he sent them a letter asking to be switched to waiver along with a copy of the notice he received that his wife filed for divorce- the original papers he was served, not a final decree) and it was finalized after the GC was issued.

I understand it doesn't make sense. Approved without interview is fine, but at the interview they would tell them to change to a waiver filing.

Here's the memo: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf Bottom of page 1 it starts, through all page 2 and then the bottom of page 2 is good too.

Basically if they are divorced they need to amend (otherwise it'd be a lie), but if they're just in divorce proceedings they don't have to. A lot of USC's will withdraw their support forcing the conversion to waiver (which I would too if I were the USC in the same position) even if the divorce isn't filed.

I actually recall a post where the couple were going through a REALLY rough patch, hadn't decided if they were divorcing or anything and attended the interview together. They were still approved for the 10 year card. The marriage doesn't need to be "perfect" but it needs to be bonafide.

[breadedVirus 0]

We had interview for AOS and no interview for ROC. We was still married until March of 08.

[breadedVirus 0]

Either way I'm seeking legal advice to help with the process.

Will me being remarried help or me in any way? Something tells me it won't.

Edited January 30, 2013 by breadedVirus

[breadedVirus 0]

call USCIS, ask if your green card is valid.

Let us know the answer.

Thanks !

E Verify and state drivers license dept checked my status and they say it's valid. My petition to remove conditions was updated in 2010 for a reason I'm not sure about. But i will phone them up and ask.

[breadedVirus 0]

Just phoned USCIS up. They stated my card is still valid.

[VanessaTony 3,567]

Just phoned USCIS up. They stated my card is still valid.

You called the 1800 number, the "mis-information line". I wouldn't trust them personally. Make an infopass about it. It's the only way you'll really know for sure.