Divorce few weeks after filing joint I-751, Help!

[firebird00 66]

Hello everyone out there,

My wife and I filed a joint i-751 petition 2 weeks ago because we were in the 90 days period, our marriage was going down but we were not sure we wanted to divorce, so we filed a joint petition. Now we are heading to divorce, unfortunately, she already filed. I received the NOA1 last week.

I am looking to move out and change my address on the USCIS website, we expect the divorce will be finalized sometime around the end of the year or the beginning of 2017.

I want to use the divorce waiver, but my question is, do I have to file a whole new application with all the supporting evidence? and pay a new fee again? and receive another NOA1? If so, can I ask them to return the old application to me so I can use the same evidence and just print and fill a new i-751 form? or can I ask them to amend my application to divorce waiver?

Please your help is highly appreciated

Thank you.

[Anitafeliz 1,133]

Why did you file with her after all the issues you were having ???

http://www.visajourney.com/forums/topic/594281-abusive-wife/page-1

http://www.visajourney.com/forums/topic/605700-roc-coming-soon-but-we-are-separated/#entry8260819

Edited November 2, 2016 by Anitafeliz

[firebird00 66]

Why did you file with her after all the issues you were having ???

http://www.visajourney.com/forums/topic/594281-abusive-wife/page-1

Because we were going to counseling, couple and personal. I was not going to divorce her just so I can file alone.

[Merrytooth 5,748]

Hello everyone out there,

My wife and I filed a joint i-751 petition 2 weeks ago because we were in the 90 days period, our marriage was going down but we were not sure we wanted to divorce, so we filed a joint petition. Now we are heading to divorce, unfortunately, she already filed. I received the NOA1 last week.

I am looking to move out and change my address on the USCIS website, we expect the divorce will be finalized sometime around the end of the year or the beginning of 2017.

I want to use the divorce waiver, but my question is, do I have to file a whole new application with all the supporting evidence? and pay a new fee again? and receive another NOA1? If so, can I ask them to return the old application to me so I can use the same evidence and just print and fill a new i-751 form? or can I ask them to amend my application to divorce waiver?

Please your help is highly appreciated

Thank you.

Read here:

http://www.nolo.com/legal-encyclopedia/as-conditional-resident-i-divorce-while-i-751-pending.html

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

[firebird00 66]

Read here:

http://www.nolo.com/legal-encyclopedia/as-conditional-resident-i-divorce-while-i-751-pending.html

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

The information are vague, not very clear. Some articles say to send a letter now asking to amend your application to be with divorce waiver, some say keep it as it is and when you get your divorce decree just mail it with a letter explaining what happened, and an article suggest to withdraw the petition and file a whole new one.

[Deagle 508]

It sounds like a good idea, to move out and change your address, then to wait till divorce is finalized and after that send USCIS a copy with letter explaining that you got divorced. But I don't know if they will accept that, maybe they want a whole new i-751 with a new check.

[firebird00 66]

This is what uscis website says:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Now the question is, how would they know that we were in divorce proceedings? and, they will issue a RFE asking for final divorce decree and a statement that I would like to have my petition treated as a waiver? That is very unclear.

[Deagle 508]

This is what uscis website says:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Now the question is, how would they know that we were in divorce proceedings? and, they will issue a RFE asking for final divorce decree and a statement that I would like to have my petition treated as a waiver? That is very unclear.

I think this is what it means; they will issue a RFE asking for final divorce decree IF you were legally separated, and a statement that you would like to have your joint filling petition treated as a wavier IF you filed jointly then divorce happened or you entered a divorce proceeding.

[firebird00 66]

I think this is what it means; they will issue a RFE asking for final divorce decree IF you were legally separated, and a statement that you would like to have your joint filling petition treated as a wavier IF you filed jointly then divorce happened or you entered a divorce proceeding.

That makes some sense, but it's still kinda vague. Why don't they just make a clear paragraph about such situation, lol.

[Deagle 508]

That makes some sense, but it's still kinda vague. Why don't they just make a clear paragraph about such situation, lol.

I don't think you are in a bad place, you didn't break any law at least. This this something can be easily fixed. Worst case scenario is that you re-submit the petition, but I don't see that happening.

[firebird00 66]

I hope so. I don't know if I should hire a lawyer for this.

[Shauneg 762]

They'll just send a RFE for the divorce decree and keep your case on hold until you produce it..... no waiver needed.....

[mallafri76 1,012]

You immigrated to the US, got married and divorced all within 90 days?!?!?! I would think you need some pretty strong bona fida evidence for that waiver.

And you should send a letter informing USCIS of your separation and pending divorce. You're suppose to keep USCIS updated on any changes.

[foreverbluebird 0]

I'm sorry about your situation with divorce. As far as I know, when you get divorced, the joint petition that you had filed only needs to be "adjusted", you do not need to file a new one (and you cannot, since the 90-days period ended). You are doing everything right, but before you submit any changes to USCIS, I would hire a good immigration attorney with experience in this type of cases, or at lease consult one, imho.

[HK12 273]

You immigrated to the US, got married and divorced all within 90 days?!?!?! I would think you need some pretty strong bona fida evidence for that waiver.

He's filing for I-751, Removal of Conditions. He has been a permanent resident for two years. With the "90 day period" he means the I-751 filing period before his conditional GC expires.