Divorce and I-751

[Dixie7 0]

Hi guys,

I am in miserable situation and I would be more then happy for any suggestion. We had good marriage with my husband even it was complicated by me studying veterinary school in my original home country. We've jointly filled I-751 in March. Suddenly, in end of May, he started to fight with me and mentally abusing me and then he filled divorce. I couldn't stay at the house and didn't had place to go so I went back to my home country. I have no idea what is going on with my I-751 application now, it all goes to our home address and he will just throw it away because he's trying to destroy my life. The evidence we entered marriage in good faith wasn't very strong, we didn't have joined properties, loan, bills or children. At this point, I don't know, if I should go back to U.S., get a lawyer and try to solve this or if it's time for me to give up. I don't want to risk having 10 year bar to enter the U.S. One more think, when I was leaving the USA and scanned my conditional green card at the airport, it said that federal law require emergency contact information on myself. What does that mean? Is it already cancelled? I would appreciate your opinion, I am really desperate. Thank you!

[NancyNguyen 1,658]

That means you need to provide airline your info like Full Name, DOB, gender to comply with the TSA's Secure Flight program. You only provide that one time with each airline.

1. Do you have NOA1? It is proof for you to enter the States after you leave.

2. If your answer is yes for above question then did you take biometrics appoinment? If you didn't, your ROC case could be considered abandoned already. Sorry but it is really difficult to get entry if you are outside of the US now.

3. If you took biometrics, then you need the extension letter (receipt NOA1) to enter the US. Then consult an immigration lawyer about your case.

[Dixie7 0]

Thank you! I have the NOA1 - the extension for period of one year and I have done the biometrics on 4/28. Are you sure it was just that with the airline? Then maybe there is still a hope for me.

[NancyNguyen 1,658]

Yes, your conditional card is still valid. I urge you to come back and get help from a lawyer. By the way, try to work it our with your spouse. Good luck.

[DC85 113]

if you wanna keep your PR, you need to come back ASAP. Then, send a letter to the service center that you send your ROC package to, state that you wanna change the filling from joint filling to a waiver based on divorce+ change the address. then , see a lawyer who is experienced in ROC, so he can take care of it.

[mouna44 1]

nothing to worry about. you have done the most important thing which is the biometric and you have your extension letter. what i suggest you to do is

comeback as soon as possible and send uscis a letter that you would like to change your filling to a WAIVER. you can still do that. and you have enough time coz it will take them at least 90 days to make on the one you sent them. but fast as stated by the previous users. dont panic and be desperate. if it dosnt work it doesnt work. your husband is using it against you. it is your turn to fight and you will win coz there a lot of people like and they passed. just dont give up if you still want to stay in US. good luck

[Dixie7 0]

I have done some research and I've though that I can't file the waiver since divorce is not solved yet. It's taking 6 months in California. I appreciate your help!

[*****S*D***** 0]

Hello dixie7, I am in the same situation but a little different by me being the citizen and him having a temporary conditional card. We have been in the USA since august 6,2010. And my husband has made me file bankruptcy on my home, because he was scared of a few spiders and snakes, i had a house in the.country, nothing was ever good enough.for him, he told me he wanted a big family 10 children...I was happy and agred. In the first 3 months we were in the US I was pregnant and didnt know it, when i found out,I was so happy!!! He pushed me into an abortion,he blamed me, it was my fault I was pregnant, I was outta my mind, i didn't have people near me to tell me what to do. I caught bim cheating online and at school. Enough about me! You dont be gone, come back hire an attorney here, they will know what to file! Where I was going with all of that is there is hope for you!!! I made several reports on him to ice and he filed divorce on me in October 2013, and we even filed the I-751 together in may 2012,we had an interview in July 2012 and after all those things I did, he's still here...So, co.e back finish the divorce!!! Send me a private msg.

[Dixie7 0]

Thank you all. I listen to you and I am coming back, getting the lawyer. I just wonder, If I wouldn't withdraw the application I-751 what we filled jointly and wait what happens, do you think I could still get approved? Or does USCIS know about the begging the divorce? I am just curious...

[NancyNguyen 1,658]

Thank you all. I listen to you and I am coming back, getting the lawyer. I just wonder, If I wouldn't withdraw the application I-751 what we filled jointly and wait what happens, do you think I could still get approved? Or does USCIS know about the begging the divorce? I am just curious...

Yes, if your I-751 package is sufficient, it is most likely you will get approved next few months. USCIS doesn't know about your on-going divorce now until it is finalized, unless you let them know. But later, when you apply for naturalization or renewal of 10 year GC, they might need you to explain why your divorce was same time with your ROC or very close to each others. Why am I mentioning this? Because one of my aunties got same problem, she divorced as soon as she got her 10 year card, and 8 year later, when she applied for naturalization few months ago, they dig it up and requested her to prove bona fides marriage from scratch. Good luck.

[Dixie7 0]

Hey everyone,

I just wanted to thank you all. This may be helpful later to someone in the same situation as I was. When I wrote the first post, I've had pretty much given up, but you gave me a new hope. Based on your advices, I immediately booked my plane ticket and came back, got the best lawyer in San Francisco and he recommended me to wait one month and see If I get approved first. So I got a new apartment, changed address on Saturday and today, I got email that I was approved!! ) To Nancy: I don't mind if I have to prove later that the marriage was entered in a good faith, I do have a proofs that our relationship was real. Besides that, it should take another five months from now till the divorce is final. Again, I very appreciate your help:) Good luck to everyone!

[NancyNguyen 1,658]

Hey everyone,

I just wanted to thank you all. This may be helpful later to someone in the same situation as I was. When I wrote the first post, I've had pretty much given up, but you gave me a new hope. Based on your advices, I immediately booked my plane ticket and came back, got the best lawyer in San Francisco and he recommended me to wait one month and see If I get approved first. So I got a new apartment, changed address on Saturday and today, I got email that I was approved!! ) To Nancy: I don't mind if I have to prove later that the marriage was entered in a good faith, I do have a proofs that our relationship was real. Besides that, it should take another five months from now till the divorce is final. Again, I very appreciate your help:) Good luck to everyone!

That's great. Congratulation to you.

[huckerman26 3]

Hey everyone,

I just wanted to thank you all. This may be helpful later to someone in the same situation as I was. When I wrote the first post, I've had pretty much given up, but you gave me a new hope. Based on your advices, I immediately booked my plane ticket and came back, got the best lawyer in San Francisco and he recommended me to wait one month and see If I get approved first. So I got a new apartment, changed address on Saturday and today, I got email that I was approved!! ) To Nancy: I don't mind if I have to prove later that the marriage was entered in a good faith, I do have a proofs that our relationship was real. Besides that, it should take another five months from now till the divorce is final. Again, I very appreciate your help:) Good luck to everyone!

congratulation

[jomfer 2]

So you never had to go for the second interview? That's great. I am just curious to know if they waive the second interview most of the times if proper documents are submitted while filing form I751.

[NancyNguyen 1,658]

So you never had to go for the second interview? That's great. I am just curious to know if they waive the second interview most of the times if proper documents are submitted while filing form I751.

USCIS doesn't have manpower and money to conduct every ROC cases, most legitimate ROC cases got approved without any interview. They only request interview when you can't show any bona fide relationship.

Edited June 21, 2014 by NancyNguyen