Filed joint I-751, separated waiting for divorce - Interview

[JayJayH 546]

Hi guys,

My wife and I filed a joint I-751 petition, though we were separated when filing. We indicated separate addresses on the I-751 form. We filed for divorce a month after filing the I-751 petition. I received an RFE in June, which I responded to in August. Just received an interview letter today for October 6th. Here's the problem:

1. LA Superior Court has so far taken almost 8 months to process the (uncontested) divorce. Still no final divorce decree, so I can't show up to the interview asking for a waiver. My divorce lawyer told me that it would likely be in on July 23rd (hence the long time to respond to RFE). Divorce lawyer now says it'll be approved when it's approved.

2. My (soon to be ex) wife will be in Spain for vacation, and does not want to cancel her vacation to go to a joint interview with me, though she has offered to write an affidavit.

So speaking from a strictly legal standpoint, if the divorce decree does not show up before the interview, I am.. Screwed?

[Ryan H 3,812]

Moved from Removing Conditions on Residency Discussion to Effects of Major Family Changes on Immigration Benefits forum.

[Hardfacts123 50]

No, how about making a phone call and explaining the situation and asking them to reschedule the interview because you now do know quality for the ROC based on the original petition.

[tuckin14 58]

Based on my experience, you can request a waiver based on the fact that you have filed for divorce. This seems to contradict the published rules, but when my ex-wife had her interview (about a year ago) they said very clearly that her filing could not be converted to a waiver because she had not filed for divorce - not because the divorce was not final.

However, if they do not grant the waiver and your wife is not present, you will automatically be denied.

I suggest you ask to reschedule. I wouldn't hesitate to explain exactly why, that you and your wife are separated and she will not change her vacation. When my ex-wife's interview was pending, I wrote and said I might not be able to attend due to the possible death of my mother, and they agreed to reschedule (although it was moot because I eventually notified them I wasn't going anyway, and my mother didn't die until 4 days after the interview anyway).

[newacct 688]

You can apply for Removal of Conditions based on divorce even if you don't have a final divorce order. They will give you an RFE with a certain amount of time to send in a final divorce order. (For example, people who start divorce soon before the 2-year card expires, often cannot finish divorce before the 2-year card expires; but they must still file before the 2-year card expires.)

[JayJayH 546]

Based on my experience, you can request a waiver based on the fact that you have filed for divorce. This seems to contradict the published rules, but when my ex-wife had her interview (about a year ago) they said very clearly that her filing could not be converted to a waiver because she had not filed for divorce - not because the divorce was not final.

However, if they do not grant the waiver and your wife is not present, you will automatically be denied.

I suggest you ask to reschedule. I wouldn't hesitate to explain exactly why, that you and your wife are separated and she will not change her vacation. When my ex-wife's interview was pending, I wrote and said I might not be able to attend due to the possible death of my mother, and they agreed to reschedule (although it was moot because I eventually notified them I wasn't going anyway, and my mother didn't die until 4 days after the interview anyway).

Thank you for the advice.

I am very sorry to hear about your mother. My condolances.

You can apply for Removal of Conditions based on divorce even if you don't have a final divorce order. They will give you an RFE with a certain amount of time to send in a final divorce order. (For example, people who start divorce soon before the 2-year card expires, often cannot finish divorce before the 2-year card expires; but they must still file before the 2-year card expires.)

So the way I understand it is, the interviewer can actually treat the filing as a waiver filing, and request the final divorce decree be submitted at a later date?

[EM_VisaJ_2015 1]

Thank you for the advice.

I am very sorry to hear about your mother. My condolances.

So the way I understand it is, the interviewer can actually treat the filing as a waiver filing, and request the final divorce decree be submitted at a later date?

Hope your interview went well