URGENT!! RFE due Aug 11, Divorce still pending!!

[sunshine16x 5]

Hello VJ,

I am not sure what to do right now, my RFE is due on August 11 (Monday) and my divorce is not yet finalized. We are meeting with lawyer today to sign final divorce papers but decree will most likely not be available before August 11!!!

Please advice on what I should do!!

RFE asks for more proof of bonafide marriage which I have ready and the divorce decree! Should I send what I have along with a letter explaining that the divorce decree is not ready yet, or wait to have the divorce decree in hand to send everything together? If I wait then the RFE will be late of course, which will put me in removal proceedings right?

I'm not sure what is the best plan at this point, if someone can advice I'd really appreciate it, thank you!

[Newbie608 103]

Hello VJ,

I am not sure what to do right now, my RFE is due on August 11 (Monday) and my divorce is not yet finalized. We are meeting with lawyer today to sign final divorce papers but decree will most likely not be available before August 11!!!

Please advice on what I should do!!

RFE asks for more proof of bonafide marriage which I have ready and the divorce decree! Should I send what I have along with a letter explaining that the divorce decree is not ready yet, or wait to have the divorce decree in hand to send everything together? If I wait then the RFE will be late of course, which will put me in removal proceedings right?

I'm not sure what is the best plan at this point, if someone can advice I'd really appreciate it, thank you!

I am also a divorce waiver and I don't know what to tell you right now. How long does it take to get a divorce in your state? Since you files in Feb, USCIS figured it would be finalized by August. I guess you can write a letter explaining the situation. They might give you an extension or they might deny you.

I was very scared of this happening to me so I filed after my divorce was final. I hope someone will shed some light on your situation and good luck to you.

[Hypnos 6,576]

You can't give them what you don't have.

When you fail to respond to the RFE with the requested divorce decree then your I-751 will be denied and you will receive a Notice To Appear in immigration court. At that point you can explain the situation to the immigration judge, who will likely continue (delay) your case until you have the decree. You can then resurrect the I-751 and proceed with its re-adjudication.

[onye uwaoma 131]

Send what you have gathered together so far before Aug. 11 and hopefully they might send you a second rfe. Otherwise, don't freak out on a possible denial since you still have another opportunity to present your evidence before an immigration judge. good luck!

[tuckin14 58]

I would send them what you have - maybe send the divorce agreement. Don't send it in late. As soon as you get the divorce decree send it in.

The "tilt" in the system at this point is toward leniency for people who are getting divorced. USCIS might not open the RFE right away. They might charitably assume you mistakenly sent in the wrong document and issue a second RFE. They may not issue the NOA on the morning of August 12.

No one can be sure, but there's a decent chance that as long as you have the divorce decree before you go before the IJ, you'll get a chance to present your case.

You may well be out of status for a while, because if USCIS denies you, your GC will automatically be suspended. But you likely will get time to remain in the USA, and a decent shot that you'll get a second shot.