Divorce while waiting for removing conditions decision

[Alex82 1]

Just to let you know, I've talked to an immigration attorney and I'm going with my gut - I have filed for divorce (6 months and a few days after USCIS got our jointly filed documents), waiting for the trial date. Sending my response to RFE within 2 weeks (have 4 left) and I know I will get the decree within the 87 days. The divorce decree will be mailed together with a change of address for a Californian one, so it will have to be moved from Vermont to Cali. I was told the wait for the interview is more than 6 months and you always get called in for it which works out great because I can talk to someone in person and explain what our situation was. So no sneaking around, plain truth, just hope it doesn't bite me in the butt as it sometimes does. Wish me luck and I will post what happens so maybe this will help someone else in a similar case.

[Merrytooth 5,748]

Good Luck to you

Please come back here to update us with your experience

[tuckin14 58]

You have to withdraw your petition. Here's a quote from another post to the same situation from another poster:

"Given your specific situation, you cannot file the I-751 jointly with your husband. Even if you get approved and they find out eventually, all hell will break loose.

You need to withdraw your original I-751 and file a new one with a waiver. Since time is not your friend here, file it about 7 to 10 days before your GC expires.

You will receive a NOA1 which extends the validity of your GC for a year. That also covers the I-9. Once they have a closer look at your file (which luckily takes time), they'll discover that the divorce decree is missing and they'll send you an RFE for it. And again you have time to respond, which is good. Hopefully, your divorce will be finalized when all the time you have been given runs out, but if that's not the case, deportation proceedings will be automatically initiated. And that too will take time again. Eventually, there will be a court date at which point you need a lawyer. Your lawyer will ask the judge to put the deportation case on hold until your divorce is final and your I-751 has been revisited and decided upon. In all but the most unusual cases the judge will grant this request.

Then, once you have a divorce decree at hand, you'll respond to the RFE and send it to USCIS. They then can and probably will decide in your favor and -- most likely after a brief interview -- remove the conditions and give you unconditional residence.

It's important that you understand how crucial the timing here is. You need to buy as much time as possible in order to get your divorce finalized as that is a 'must have' requirement for the final adjucation of your I-751."

You have to withdraw your petition. Here's a quote from another post to the same situation from another poster:

"Given your specific situation, you cannot file the I-751 jointly with your husband. Even if you get approved and they find out eventually, all hell will break loose.

You need to withdraw your original I-751 and file a new one with a waiver. Since time is not your friend here, file it about 7 to 10 days before your GC expires.

You will receive a NOA1 which extends the validity of your GC for a year. That also covers the I-9. Once they have a closer look at your file (which luckily takes time), they'll discover that the divorce decree is missing and they'll send you an RFE for it. And again you have time to respond, which is good. Hopefully, your divorce will be finalized when all the time you have been given runs out, but if that's not the case, deportation proceedings will be automatically initiated. And that too will take time again. Eventually, there will be a court date at which point you need a lawyer. Your lawyer will ask the judge to put the deportation case on hold until your divorce is final and your I-751 has been revisited and decided upon. In all but the most unusual cases the judge will grant this request.

Then, once you have a divorce decree at hand, you'll respond to the RFE and send it to USCIS. They then can and probably will decide in your favor and -- most likely after a brief interview -- remove the conditions and give you unconditional residence.

It's important that you understand how crucial the timing here is. You need to buy as much time as possible in order to get your divorce finalized as that is a 'must have' requirement for the final adjucation of your I-751."

[tuckin14 58]

I went to an InfoPass appointment last week. My situation is similar to the OP. We signed the I-751 jointly before I moved out, but we had separated by the time it was received by USCIS. Everything was done in good faith. (I was trying to keep the marriage together, and the original I-751 was returned for insufficient postage.)

I was specifically told by an Immigration Decision Officer that I was not obligated to withdraw the I-751.

[Alex82 1]

Well, OOOOOPS.

I actually got my divorce in 6 weeks (would've been 5 if I didn't forget to file for default and prolonged it for a week) so I got my decree BEFORE sending the reposnse to RFE. Called the infoline and they said to mail the decree separately saying I'm updating my personal info. So I did and also added it to the packet. IT was all written in past tense, that we WERE together and it didn't work out. To my surprise, instead of receiving another extension for work/travel permit and maybe 87 days to provide them with the ORIGINAL of the decree with the gold seal and the original of the filing documents in court (that's what the lawyer said they'll do), USCIS just sent me, after 31 days - that I have to show up with all the evidence AND IF I FILED JOINTLY WITH THE PERSON I GOT THE CARD THROUGH for an interview on September 30th. I don't speak to that 'man' anymore, so I'm more than worried what will happen. I guess the officer who read through my files didn't get the memo we were talking about, that he/she should change my petition to a waiver. yay

[Kiv 32]

I hope you can clarify everything on your interview. Good luck

[Alex82 1]

Babbled nervously throughout the interview. They asked similar questions as on the first one - how many people were at the reception, where did we go, I assume to check whether my answers correspond to the ones given 3 years ago. And more about our relationship and why it ended.

GOT MY GREEN CARD IN THE MAIL TODAY 10/17/2014. I replied to RFE on 08/11 and had the interview on 09/30, so the whole process took only 2 months and my divorce 6 weeks.

Below is what I sent with ROC documents and then with the response to RFE, maybe it will help someone in a similar situation (the numbers got messed up):

Dear Sir or Madam,

Enclosed please find the response to Notice of Request for Evidence to the Form I-751, Petition to Remove Conditions on Residence, in form of supporting documentation that verify the status of our marriage.

Provided previously: Self Affidavit, Copies of our Drivers’ Licenses stating our address on back, Joint Tax Return Transcripts for recent fiscal years, Apartment lease agreement – letter from our landlord, Affidavits from our friend and my aunt, Mail addressed to us, Utility bills with our names on them -Gas, Electric, Cable, Husband’s Health Insurance – Family Plan Insurance Cards, Copies of our wage/income statement forms issued by our respective employers showing same address of residence, Phone bills showing communication between us, Car insurance policy, Some pictures we took together over the course of the marriage.

Documents enclosed with this reply to the notice:

1. Personal

• Husband’s affidavit
• My affidavit
• Family affidavits
• Various occasional cards – Valentine’s Day, Birthday, Anniversary, draft of a hand-made card from husband, Birthday from in-laws, Birthday card from Evan’s grandmother, Wedding invitation from 2011
• Additional pictures

1. Financial

• TJX Mastercards
• W-2 for 2011 with our previous address
• 2012 Joint tax return for joint filers without dependents
• TD Bank Statement from October 2013
• My pay stubs from May and October of 2013 with our address on them and married status
• Husband’s pay stubs for 2013 as well as older: from 2011 and 2012

1. Residential

• City of South Amboy Rental Certification of Occupancy from 08/2012
• First Energy Group bills summary from October 2012 until present
• Gas bills summary from PSE&G from June 2012 to September 2013
• Internet provider’s (Optimum) urgent notice to husband from 10/2012, Optimum offer mail, bills from 2012
• PSE&G Gas company statements for summer 2013

1. Medical

• TJX Health Insurance Information
• RWJ University Hospital bill and charity care application signed by husband
• Health Equity health insurance statement from October 2013
• Raritan Bay Medical Center husband’s work accident letter/bill

1. Other

• Husband’s military status needed for divorce proceedings
• Costco Wholesale membership cards
• Walmart merchandise pick up document with our names on it
• T-mobile phone transcripts showing our communication
• Shopping receipts from husband’s store with the use of his employee discount from January 2012
• Rutherford Animal Hospital veterinary bill and pets’ ownership letter
• Car Insurance cancellation letter due to divorce

• Restaurant Employee Emergency contact form

1. Final Judgment of Divorce

[Merrytooth 5,748]

Babbled nervously throughout the interview. They asked similar questions as on the first one - how many people were at the reception, where did we go, I assume to check whether my answers correspond to the ones given 3 years ago. And more about our relationship and why it ended.

GOT MY GREEN CARD IN THE MAIL TODAY 10/17/2014. I replied to RFE on 08/11 and had the interview on 09/30, so the whole process took only 2 months and my divorce 6 weeks.

Below is what I sent with ROC documents and then with the response to RFE, maybe it will help someone in a similar situation (the numbers got messed up):

Congratulations!

So Happy for you!

[TBoneTX 45,872]

Congratulations!

So Happy for you!

This, exactly!