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

[firebird00 66]

this is why

But I am not legally obliged to tell them that I am in divorce proceedings. My question was on how to inform them that a divorce happened, by sending a new i-751 application with evidence and new check, or just a letter stating that a divorce happened and I would like my application to be amended into a divorce waiver.

[firebird00 66]

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....

How did she notify them?

[Anitafeliz 1,133]

But I am not legally obliged to tell them that I am in divorce proceedings. My question was on how to inform them that a divorce happened, by sending a new i-751 application with evidence and new check, or just a letter stating that a divorce happened and I would like my application to be amended into a divorce waiver.

Great dont

[firebird00 66]

So I just got off the phone with an immigration officer from USCIS, I explained to him my situation and here is what he said;

"You don't have to send us anything now, you don't have to send us a letter stating that you are in divorce proceeding. Only send us the final divorce decree when you have it with a letter stating that you got divorced after sending a joint petition. Unless we asked you to, avoid sending too much letters unless it's attached with a related document. If you move out make sure to keep your address updated."

I asked him if I am at fault now he said that I am not, then he added "A divorce being filed does not mean that you are divorced. From what I understood, when you and your wife filed the i-751 petition you were in divorce proceeding,but not yet legally divorced. So you were legally married and had the legal grounds to file a joint petition".

I hope that helps other people in my situation.

[Anitafeliz 1,133]

And USCIS is also known as the missinformation line....

But to each their own....

[firebird00 66]

And USCIS is also known as the missinformation line....

But to each their own....

Is that true? I never heard this before!

[JenniferNangel 137]

And USCIS is also known as the missinformation line....

But to each their own....

I was thinking the same thing lol how many people have gotten false information from them

[Shauneg 762]

And USCIS is also known as the missinformation line....

But to each their own....

But they are absolutely right in this case. I'm living proof......

There's no option for seperated or getting divorced. He's married, period dot the end.

Once he's divorced he can send the decree and they'll process it as a divorce would be, no waiver needed as he was (and again even now) married when he filed.

He's done everything going right.

Is that true? I never heard this before!

For the most part, yes, but in this case they are completely spot on.

I was thinking the same thing lol how many people have gotten false information from them

Sure but not this time...

How did she notify them?

Called as you did, once she notified them of the divorce she got a RFE for the decree and got her 10 year less than a month later, no interview or other follow ups.

[firebird00 66]

But they are absolutely right in this case. I'm living proof......

There's no option for seperated or getting divorced. He's married, period dot the end.

Once he's divorced he can send the decree and they'll process it as a divorce would be, no waiver needed as he was (and again even now) married when he filed.

He's done everything going right.

For the most part, yes, but in this case they are completely spot on.

Sure but not this time...

Called as you did, once she notified them of the divorce she got a RFE for the decree and got her 10 year less than a month later, no interview or other follow ups.

I didnt notify them in this called, I just asked. Then he said what I wrote above.

[Shauneg 762]

I didnt notify them in this called, I just asked. Then he said what I wrote above.

I mean she called and asked as you did. She called them when it finalized also...

[Deagle 508]

You are not at fault so far, when you filed the i-751 petition jointly you were married. In matter of fact you are still married.

As Justice Scalia said once; “It’s a legal document, and it says what it says and doesn't say what it doesn't say.”

USCIS didn't say to inform them if you are in divorce proceedings.

However, I am not a lawyer. Maybe a lawyer's input will be the best piece of solid advice/answer.

[IcezMan_IcezLady 582]

But they are absolutely right in this case. I'm living proof......

There's no option for seperated or getting divorced. He's married, period dot the end.

Once he's divorced he can send the decree and they'll process it as a divorce would be, no waiver needed as he was (and again even now) married when he filed.

He's done everything going right.

For the most part, yes, but in this case they are completely spot on.

Sure but not this time...

Called as you did, once she notified them of the divorce she got a RFE for the decree and got her 10 year less than a month later, no interview or other follow ups.

Shauneg, you are just contradicting yourself...remember this statement?

"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."

No one is saying that he has done anything wrong. Just like your situation, you "notified them". That is what we are saying. he should notified and keep it moving and let USCIS take the appropriate action or inaction.

[firebird00 66]

I have infopass appointment on Monday. Do they also give wrong information? Or can I go with whatever they say?

[Anitafeliz 1,133]

But they are absolutely right in this case. I'm living proof......

There's no option for seperated or getting divorced. He's married, period dot the end.

Once he's divorced he can send the decree and they'll process it as a divorce would be, no waiver needed as he was (and again even now) married when he filed.

He's done everything going right.

For the most part, yes, but in this case they are completely spot on.

Sure but not this time...

Called as you did, once she notified them of the divorce she got a RFE for the decree and got her 10 year less than a month later, no interview or other follow ups.

Totally understand your case but my whole issue is firebird has been harping on here about an upcoming divorce possible seperation...

Why did he file and now is all surprised he has to tell uscis its all...

I dont think you were in the same spot

Edited November 4, 2016 by Anitafeliz

[firebird00 66]

UPDATE:

I just went out from the lawyer's office and he said that at this point I am not supposed to do anything, not even notify USCIS that I am in divorce proceedings. Once my divorce is finalized and I have the final divorce decree, I make an info pass appointment and go there with a copy of it.

I will be going to info pass on Monday anyway just to make sure this is the thing they want me to do.