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

[firebird00 66]

That's the first paper trail to put you in trouble for lying.

You can try finding different answers but the truth is the same.

How did I lie though? When I filed the i-751 petition, I was not divorced. I was and still married and living in the same house with my wife waiting the court date. I am failing to see how did I lie, can you please elaborate?

[Anitafeliz 1,133]

Write the letter if they use it great if not then thats on USCIS you did your part. But witholding info can be looking like a fraudulent act and can bring to question the intire marriage if it comes out.

And whats worst is you can ROC on your own......

[firebird00 66]

The two options mentioned are not applicable in your case. These two options are for people who were already in divorce proceedings when they filed the I-751, either jointly or with a waiver request. For the second option, you ask how would they know you were in divorce proceedings? Because you explain that in the letter accompanying your application, which you didn't do, because you were not in divorce proceedings when you filed the I-751. But USCIS needs to have this updated information in order to know that they should expect a divorce decree from you.

If I were in that position, I would do the following:

- If an attorney helped me with the I-751, I would consult with that attorney.

- If I did not use an attorney, I would write a letter explaining the new situation and send it to USCIS, AND, request an Infopass appointment to explain the situation and confirm that nothing else is needed at this point, and take a copy of the letter to the appointment.

When we filed the i-751 a divorce was already filed, so we were in the divorce proceedings. We were not sure if we want to continue counselling or to just go with the divorce, therefore we filed jointly incase we will cancel the divorce, why? because at that time we were still married, till now we are. After we filed we realized that we will just go with the divorce. Simple as that.

[firebird00 66]

Write the letter if they use it great if not then thats on USCIS you did your part. But witholding info can be looking like a fraudulent act and can bring to question the intire marriage if it comes out.

And whats worst is you can ROC on your own......

I will not hold any information, once I move out to a new address I will notify them, once the divorce is finalized (somewhere at the end of this year) I will send them the final divorce decree with a letter stating that we got a divorce after the petition was filed jointly, and it was filed jointly because we were legally married and living together. The divorce decree date will be the evidence of that.

This is what i was planning to do, is that considered lying or withholding information?

[Anitafeliz 1,133]

Your divorce in the state of vermont will not be issued until living seperate lives for 6 months.

http://www.vtlawhelp.org/divorce-vermont#

You have been beating this horse since april.....

I am sorry but MOVE ON.

[firebird00 66]

Your divorce in the state of vermont will not be issued until living seperate lives for 6 months.

http://www.vtlawhelp.org/divorce-vermont#

I am in New Hampshire.

[andy78 178]

I will not hold any information, once I move out to a new address I will notify them, once the divorce is finalized (somewhere at the end of this year) I will send them the final divorce decree with a letter stating that we got a divorce after the petition was filed jointly, and it was filed jointly because we were legally married and living together. The divorce decree date will be the evidence of that.

This is what i was planning to do, is that considered lying or withholding information?

You withheld information when you filed a joint I-751 petition without informing USCIS that you are already in divorce proceedings. You are withholding information now because you have not yet sent this information to USCIS. I mentioned what I think you should do in my earlier comment. But it's all up to you.

[Anitafeliz 1,133]

I am in New Hampshire.

I read the filing city in error

[firebird00 66]

You withheld information when you filed a joint I-751 petition without informing USCIS that you are already in divorce proceedings. You are withholding information now because you have not yet sent this information to USCIS. I mentioned what I think you should do in my earlier comment. But it's all up to you.

Well, USCIS did not mention on their website, nor the i-751 that I have to inform them if i am in divorce proceedings. There was only two options;

1- Married

2- Divorced

I was and still married till this day.

[foreverbluebird 0]

I was thinking the same, that there are no legal grounds for a waiver at this point because we are still married. I will wait till the divorce is finalized, then I will take it from there. When this happen, I will consult an immigration lawyer. I wanted to know if anyone here went thru this same situation. Thanks.

I'm having an impression that most people on this forum have intentions of blaming somebody for their life situations instead of truly helping, that's disappointing.

Life is not that easy, guys. Neither are some relationships.

I had some experience with this and had to consult several attorneys, so yes, it wouldn't be wise to make any changes until your divorce is finalized. From my personal experience, people do change their minds over time, divorce process stops and you can find yourself in a bad situation because you jumped over your head and stirred things up. Yes, we all need to be honest, however it doesn't mean acting irrationally and making rush decisions.

You are right, there are only two options - married and divorced. Legally you are married and in no case you are lying to anybody. If you move out early enough, you can change the address. You will be probably called for an interview and if you still don't have a divorce decree by that time, you might be asked to provide one within a certain period of time, and then still get approved. Good luck in your process!

[Anitafeliz 1,133]

Well, USCIS did not mention on their website, nor the i-751 that I have to inform them if i am in divorce proceedings. There was only two options;

1- Married

2- Divorced

I was and still married till this day.

I don't know why ask anything on here if you DONT follow any advice.

THIS mind boggling??

Please let us know how you make out at the ROC appointment your wife will need to attend.

[Shauneg 762]

No need to work yourself up with the wrong opinions here on what you have to do. You don't have a divorce decree yet? Well, then there is no legal ground for waiving your joint petition, because you ARE still married. Remember, the fact that you filed for divorce doesn't mean that the divorce will be finalized, everybody can change their mind. Do yourself a favor, consult an attorney and don't listen to people that have absolutely no clue but still give advise.

No need to consult an attorney....for what?

[Shauneg 762]

Well, USCIS did not mention on their website, nor the i-751 that I have to inform them if i am in divorce proceedings. There was only two options;

1- Married

2- Divorced

I was and still married till this day.

You are absolutely right, you have a moral obligation to tell them you've been divorce proceedings but not a legal one. Everyone wants to throw opinions but I just went through this in the spring. My now wife filed for her ROC in Aug of 2015, spliti in Nov, divorced in May....notified them and they put her case on hold until she sent the divorce decree. She sent it and got her green card shortly after with no issues and no waiver. No lawyer is needed.

You were married when you filed, you met the hurdle........simple as that. If you divorce between now and approval send your decree and an explanation, if not then you're still married....

Edited November 3, 2016 by Shauneg

[firebird00 66]

Please let us know how you make out at the ROC appointment your wife will need to attend.

I really don't know why you keep thinking that I want to hide any information from USCIS about my divorce. Let me put it this way;

My wife will not get a ROC letter, because I will notify USCIS. Now, my question is: when do I notify USCIS and how? Do I notify them now, or once I get the divorce decree?

[Anitafeliz 1,133]

At this point I will do nothing, when I move out I will change my address with uscis. Because I am still legally married and my address is still the same.

this is why