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Posted

Hello everyone i am seeking much needed advice. We filled the I-751 jointly in February. I got the one year extension letter shortly after. Did my biometrics late march.

However, my spouse wants a divorce. i'll tell you why, she doesn't see the point of being with someone who makes less than her so she wants out and i cant talk her out of it this time. She is beyond words becuase she had me move out in (may) and served me devorce papers the following month.
So what do i do after the divorce is finalized to preserve my status and continue living legally in the US?

i have no police record, i work and go to college. and i did the best i could for my wife but apparently it wasn't what she wanted.
i welcome any helpful and positive adviceadvice.

Thank You

Posted

do you have divorce decree in your hand? if yes then you can always have your jintly filed ROC application in divorce waiver, (different states serve with different laws) I don't want to give wrong info nor I want you to rely on this, search more info about that, also at this platefrom there are alot better experienced ppl and they can answer much better. I would request everyone here to come up with your ideas based on your exp. Another best thing, have Info pass appointment, Make sure you inform USCIS about this also by writing in letter. But your first best bit is to go for InfoPass appointment. See what outcome it could generate....

Good Luck.

Filed: Citizen (apr) Country: Australia
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Posted

Hello everyone i am seeking much needed advice. We filled the I-751 jointly in February. I got the one year extension letter shortly after. Did my biometrics late march.

However, my spouse wants a divorce. i'll tell you why, she doesn't see the point of being with someone who makes less than her so she wants out and i cant talk her out of it this time. She is beyond words becuase she had me move out in (may) and served me devorce papers the following month.

So what do i do after the divorce is finalized to preserve my status and continue living legally in the US?

i have no police record, i work and go to college. and i did the best i could for my wife but apparently it wasn't what she wanted.

i welcome any helpful and positive adviceadvice.

Thank You

First, I hope you changed your address by filing AR-11. I would also call and see what the status on your file is (just in case she's already withdrawn her support of the joint filing). If she's withdrawn her support of the joint filing you're normally notified and you would need to change it to a divorce waiver filing.

Basically, you need to change your joint filing to a divorce waiver filing. If she hasn't withdrawn support yet you have time, but if you get an interview notice on the joint filing obviously she can't attend so you'll need to return that interview notice with a request to change it to to a divorce waiver filing.

You CANNOT have your GC approved on a joint filing if you're actually already divorced, that's bad. So you need to change it as soon as your divorce is final.

So, you can change it now, or wait, but if your divorce is not yet final you will get an RFE for the decree.

As long as you have evidence of bonafide relationship you'll be fine.

 
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