Divorce while Joint I-751 is Pending

[alluneedisluv 0]

I would like to just share my current situation and update throughout time so that others who may go through similar situation can possibly benefit from my experience. I am also seeking advice from anyone who have gone through similar situations as well.

My husband and I have known each other since the third grade in grammar school and we grew up together practically all our lives. We started officially dating early 2012 and got married December of 2013. I received my conditional green card through my husband September of 2014. My husband and I have not been getting along since October 2015. He was not coming home and just out and about at bars not letting me know where he is or who he is with. Situation only got worse and we talked about divorce back and forth but he ultimately suggested that we live apart for a year so that he can determine whether or not I am "needed" in his life. He was refusing to compromise with me and only avoided me even more since I would beg him to come to his senses whenever I did get an opportunity to run into him. After 5 months of hell it was evident that my way of trying to negotiate and work things out with him is not working. He had missed spending my birthday and Valentines day with me and his time away from home only increased. He would come home when I am at work and change and leave so that he does not need to run into me. I finally decided in March of 2016 that since my way is not working, maybe it's best I give him time and try his way. I packed my things and rented a small room near my job splitting my time between this tiny room, my family's residence and my best friend's house. My husband was devastated the day I left. He was apologetic and talked about how he wants us to be together again in the next few months. I felt like I made the right choice by giving him some time as he had wanted because it seems he was back to his old self. Throughout the next month or so, we texted and talked on the phone like normal couples. He told me that he will be moving to NY to be closer to his job (our martial residence was in NJ) once our lease is up within the next month. So of course I assumed that I will be moving in with him as well later when we are ready so I withdrew from my school in NJ to start applying for schools in NY. In May of 2016, he moved and I was added to the lease. The following month in June, I started preparing my joint petition to remove conditions and he was cooperative and it seems there were no problems. My application was submitted early July and towards the end of July-early August he mentioned that he would like to get a divorce by the end of this year. Apparently, he has been seeing someone and he is currently happy with where he is and had a change of heart. I gave myself some time to process all this since I shifted my life around my husband and early September I reached out to him and agreed on a divorce. We have been having issues with the state's residency requirements to file a divorce since we just moved to NY. I spoke with a couple lawyers with some saying we can get a divorce now and others saying we will need to wait until we have lived in NY for at least a year. I am seeing a lawyer 11/1/2016 to file for divorce despite our residency issue. I will be sending in my request to amend my joint filing along with my final divorce decree if and once received. Here is my current timeline for those of you who are curious:

7/5/2016: sent completed I-751 joint packet to be filed with USCIS to my lawyer

7/20/2016: 1 year extension of my GC received

8/19/2016: Biometrics appointment completed

9/20/2016: Conditional Green Card Expired

We will be filing for divorce under no-fault irreconcilable differences. I am suffering from extreme anxiety because this year has been a nightmare for me. I am uncertain if the IO will approve my waiver and I am just scared. Hopefully I can walk through my journey here and help those who are in a similar situation. Anyone with helpful suggestions would be appreciated also..Thank you.

[Deagle 508]

Can you list the evidence you sent with your package to USCIS?

[alluneedisluv 0]

Can you list the evidence you sent with your package to USCIS?

With my initial joint petition I sent in the following as instructed by my lawyer:

1) 3 Joint apartment leases since receiving conditional GC in 9/14

2) Some pictures collected over the last two year span

3) 2014 + 2015 joint tax return

4) 1 Joint bank statements for the duration of the past two years

5) 2 affidavits from my boss and a friend

6) Joint home insurance 2014 + 2015

7) Joint utility bill for the past two years

8) The rest were basic documents such as copies of our SS card, ID, passport

I could have sent in couple more supporting documents but I never guessed we would be getting a divorce so that is all I provided. The more the merrier.

[Deagle 508]

I suggest to move out, change your address with USCIS, then file a new I-751 petition with a divorce waiver.

[kkk1 42]

With my initial joint petition I sent in the following as instructed by my lawyer:

1) 3 Joint apartment leases since receiving conditional GC in 9/14

2) Some pictures collected over the last two year span

3) 2014 + 2015 joint tax return

4) 1 Joint bank statements for the duration of the past two years

5) 2 affidavits from my boss and a friend

6) Joint home insurance 2014 + 2015

7) Joint utility bill for the past two years

8) The rest were basic documents such as copies of our SS card, ID, passport

I could have sent in couple more supporting documents but I never guessed we would be getting a divorce so that is all I provided. The more the merrier.

Sorry for your situation, your list of evidence you have provided seems to be okay. I hope things work for you. To come out of your anxiety, make some new friends, start doing new things, see what fits your better, it helps a lot. Sometimes a life takes sudden change which no one has control on, just take it easy, it will be fine with the time; time heals everything. Good Luck

Edited November 1, 2016 by kkk1

[alluneedisluv 0]

Sorry for your situation, your list of evidence you have provided seems to be okay. I hope things work for you. To come out of your anxiety, make some new friends, start doing new things, see what fits your better, it helps a lot. Sometimes a life takes sudden change which no one has control on, just take it easy, it will be fine with the time; time heals everything. Good Luck

Thank you. I really appreciate your kind words. I agree I'm sure time will heal!

[Villanelle 4,122]

Youll probably be approved with out interview.

If you have moved from where ever it was that you put as the address on your joint petition or USCIS otherwise has as your address for whatever other reason- update your address to whatever it is physically now.

Otherwise you dont have to do anything but wait. If you get the GC then its over. If you get an interview notice you can either go with your spouse and change to waiver application there OR choose to have the joint interview even though you are divorcing. You can also go to the interview alone and tell them to switch you to a waiver. If you get an RFE you must respond to it and tell them you are in process of divorce even though they didnt technically ask "are you in process of divorce?" but common sense says if they are asking for more evidence concealing that fact is wrong and will get you in trouble later. So send back your additional evidence along with the note about the divorce and you will automatically get an interview notice. Then see above for your choices. The last scenario is you doing nothing and your spouse contacting USCIS and asking to be removed from the joint petition causing them to call you in for interview or send you notice forcing you to waiver petition.

[alluneedisluv 0]

Youll probably be approved with out interview.

If you have moved from where ever it was that you put as the address on your joint petition or USCIS otherwise has as your address for whatever other reason- update your address to whatever it is physically now.

Otherwise you dont have to do anything but wait. If you get the GC then its over. If you get an interview notice you can either go with your spouse and change to waiver application there OR choose to have the joint interview even though you are divorcing. You can also go to the interview alone and tell them to switch you to a waiver. If you get an RFE you must respond to it and tell them you are in process of divorce even though they didnt technically ask "are you in process of divorce?" but common sense says if they are asking for more evidence concealing that fact is wrong and will get you in trouble later. So send back your additional evidence along with the note about the divorce and you will automatically get an interview notice. Then see above for your choices. The last scenario is you doing nothing and your spouse contacting USCIS and asking to be removed from the joint petition causing them to call you in for interview or send you notice forcing you to waiver petition.

Thank you for your advice. My concern right now is that my divorce lawyer said that the court may not approve our divorce because we don't meet residency requirements. My spouse will not attend the interview if called and I will then be inelgible to change to a waiver if the court does not approve my divorce. I also will not have a permanent address until maybe two months later because I am moving out of my temporary rented room and I do not know where to go from there. I cannot use my parent's address as they will be moving soon also. I spoke with my immigration lawyer and he advised that I change my address once I do have a permanent address. I am completely lost and scared because it seems I everything is falling apart.

[Villanelle 4,122]

Ok for the address situation you are going to submit the AR 11 and fill out the present physical address as whatever is the actual location of where you are physically. They use this to determine where your local office is. Whenever you move locations you are suppose to update this. If you are only moving with in towns its really not going to change your local office BUT you are suppose to notify them. So for right now you can use your temp room as your physical address because it is- and when its not--- well, when that time comes you can deal with it. I doubt you are going to be living on the streets or in your car. Im sure you will make arrangements, and like I said if its in the same general area its not going to impact where you are being processed so its not such a big deal if you dont reort it right away. They wont be pleased but eh, it happens. You will then need to get a PO Box. This is to make sure you get all your mail from USCIS. Right now they have whatever address is on file (whatever you sent in on your 751). So you are not at that address. You have to change it. You will fill this out under MAILING address. They will send your mail there. That can be a PO Box.

Moving on- you do not need to be divorced (meaning final divorce decree) to use the waiver option. You will not be APPROVED with out it, but you can switch to that filing method if need be at any time you are no longer eligible for the joint method. (either your spouse is withdrawing support, you are separated formally or informally, divorce has started etc) Depending on how far along in the divorce you are when you switch or are forced to switch several things can happen. You may have enough time to get a final decree in to USCIS and get approved. If you dont they have to close out your waiver petition because you didnt have the final decree and send it over to immigration court. This is just an administration process that sounds scary, but its just paperwork and bureaucratic process at work. You can still work and travel and will be an LPR. You will just have an expired card and need to get a new stamp as proof. You will have to go to immigration court and show your divorce decree. If you dont have it when its your time to go the judge will give you a new date to come back with it because they know divorce courts are slow and have their own rules on how long you have to wait. When you finally do get it, you go back and present it and are approved for the waiver petition. Im just giving you a basic overview in plain terms. Theres obviously much more details Im leaving out. Some people prefer to get an attny involved if it ends up going to court because there are specific procedures and stuff with the court and court is a hassle. You can do it yourself though- plenty people do. I dont know how comfortable you are with things like that though.

[alluneedisluv 0]

Ok for the address situation you are going to submit the AR 11 and fill out the present physical address as whatever is the actual location of where you are physically. They use this to determine where your local office is. Whenever you move locations you are suppose to update this. If you are only moving with in towns its really not going to change your local office BUT you are suppose to notify them. So for right now you can use your temp room as your physical address because it is- and when its not--- well, when that time comes you can deal with it. I doubt you are going to be living on the streets or in your car. Im sure you will make arrangements, and like I said if its in the same general area its not going to impact where you are being processed so its not such a big deal if you dont reort it right away. They wont be pleased but eh, it happens. You will then need to get a PO Box. This is to make sure you get all your mail from USCIS. Right now they have whatever address is on file (whatever you sent in on your 751). So you are not at that address. You have to change it. You will fill this out under MAILING address. They will send your mail there. That can be a PO Box.

Moving on- you do not need to be divorced (meaning final divorce decree) to use the waiver option. You will not be APPROVED with out it, but you can switch to that filing method if need be at any time you are no longer eligible for the joint method. (either your spouse is withdrawing support, you are separated formally or informally, divorce has started etc) Depending on how far along in the divorce you are when you switch or are forced to switch several things can happen. You may have enough time to get a final decree in to USCIS and get approved. If you dont they have to close out your waiver petition because you didnt have the final decree and send it over to immigration court. This is just an administration process that sounds scary, but its just paperwork and bureaucratic process at work. You can still work and travel and will be an LPR. You will just have an expired card and need to get a new stamp as proof. You will have to go to immigration court and show your divorce decree. If you dont have it when its your time to go the judge will give you a new date to come back with it because they know divorce courts are slow and have their own rules on how long you have to wait. When you finally do get it, you go back and present it and are approved for the waiver petition. Im just giving you a basic overview in plain terms. Theres obviously much more details Im leaving out. Some people prefer to get an attny involved if it ends up going to court because there are specific procedures and stuff with the court and court is a hassle. You can do it yourself though- plenty people do. I dont know how comfortable you are with things like that though.

Thank you for taking the time to leave such a detailed response. I did use my PO Box as my mailing address in my initial petition so I am not having any trouble receiving mails from USCIS..just worried as to how and when I can change the physical address since I do not have a permanent home. I currently have an immigration attorney that filed my AOS and ROC. I will be seeing him within the next week or so to discuss this. I would like to switch to a waiver ASAP but I was scared that the judge may not approve my divorce due to our residency issue and then I will be stuck with a denied waiver. It is definitely relieving to know that I am able to ask for more time in front of the immigration judge if my divorce is not resolved by then..Thank you.

[TBoneTX 45,365]

A post has been removed -- the author has his own thread.

[yacsie 1]

On 11/2/2016 at 2:48 PM, Damara said:

Ok for the address situation you are going to submit the AR 11 and fill out the present physical address as whatever is the actual location of where you are physically. They use this to determine where your local office is. Whenever you move locations you are suppose to update this. If you are only moving with in towns its really not going to change your local office BUT you are suppose to notify them. So for right now you can use your temp room as your physical address because it is- and when its not--- well, when that time comes you can deal with it. I doubt you are going to be living on the streets or in your car. Im sure you will make arrangements, and like I said if its in the same general area its not going to impact where you are being processed so its not such a big deal if you dont reort it right away. They wont be pleased but eh, it happens. You will then need to get a PO Box. This is to make sure you get all your mail from USCIS. Right now they have whatever address is on file (whatever you sent in on your 751). So you are not at that address. You have to change it. You will fill this out under MAILING address. They will send your mail there. That can be a PO Box.

Moving on- you do not need to be divorced (meaning final divorce decree) to use the waiver option. You will not be APPROVED with out it, but you can switch to that filing method if need be at any time you are no longer eligible for the joint method. (either your spouse is withdrawing support, you are separated formally or informally, divorce has started etc) Depending on how far along in the divorce you are when you switch or are forced to switch several things can happen. You may have enough time to get a final decree in to USCIS and get approved. If you dont they have to close out your waiver petition because you didnt have the final decree and send it over to immigration court. This is just an administration process that sounds scary, but its just paperwork and bureaucratic process at work. You can still work and travel and will be an LPR. You will just have an expired card and need to get a new stamp as proof. You will have to go to immigration court and show your divorce decree. If you dont have it when its your time to go the judge will give you a new date to come back with it because they know divorce courts are slow and have their own rules on how long you have to wait. When you finally do get it, you go back and present it and are approved for the waiver petition. Im just giving you a basic overview in plain terms. Theres obviously much more details Im leaving out. Some people prefer to get an attny involved if it ends up going to court because there are specific procedures and stuff with the court and court is a hassle. You can do it yourself though- plenty people do. I dont know how comfortable you are with things like that though.

Hi Damara, I am going through pretty similar situation right now, and I found you've been providing really helpful answers regarding this application. I was wondering if you could give me some advice as well. Here is some details about my applications. My husband is an USC, and we filed I-751 jointly. 

- Submitted I-751 jointly in July 2016 in California. 

- Took my biometrics in August 2016 and received 1 year extension on my GC, which will expire in August 2017.

- As of today, USCIS office is still processing applications submitted in June 2016. So it's only a matter of time before they get to mine.

 

We dated for 1 year and 4 months and got married. It's been 3 years and 3 months since we were married. However, things have not been great, and we have always tried to work it out in the last couple of years. Unfortunately, he has decided that he wanted a divorce. We are going to court next week (5/15/2017) to file for a divorce. It will take at least 6 months for the divorce to finalize in Southern California. I consulted several lawyers and they all told me to file the divorce now if he really wants to but just wait for immigration’s notice. I feel I should notify immigration office first after we file a divorce, but I really don’t know how that will affect my application. Every lawyer told me, once we file for a divorce, do not to have any actions right now but wait.

 

I think Immigration Office will get to my application in 2-3 months. Do you suggest that I wait now without further action? And if I do get RFE or an interview, I notify them that we are in divorce process and maybe then switch to a waiver?

 

I am also likely to move out once we file for a divorce, should I change my address too? Will changing my address affect my application?

 

I am greatly appreciated for your help and thank you @alluneedisluv for sharing your process! Best of luck to the both of us!

[Penguin_ie 5,994]

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