Seeking Advice for my soon-to-be Ex-wife

[Trymester3 6]

Once again Thank You very much for your reply. I will have no issue writing a letter for her and explaining how we were married, but the marriage broke down.

If she files for ROC 1-2 weeks before the deadline, is there any risk of them saying that they didn't receive the packet on time (assuming the post office works perfectly)?

One potential big problem: on the USCIS letter we received alerting us that she needs to do this in a 90-day period, it states that some evidence should be provided (Lease of Joint Tenancy, jointly held bank accounts, joint policies of life, medical, etc.), but we barely have any thing. She is covered through my Health Insurance and I did file taxes with her last year. Other than that, we may not have any evidence. I'll search the forum for other suggestions.

[Trymester3 6]

My soon-to-be ex-wife will file with a divorce waiver. We don't have the divorce decree yet, so she will need to send in the decree after they send us an RFE. That is the current plan. We are not using divorce attorneys and doing most of it online via DIY forms, since it is an Uncontested Divorce. I'm not sure if we will have the option to fill out a form to have her name switched back to her maiden name, before the divorce gets put into action. If she files for the i-751 with her maiden name (because that is the name she wants on her new card), will it go through even if the name change hasn't been granted yet? For example, in the i-751 cover letter, instead of saying that her name change was granted, she will write something explaining that the name change is "under way". Will that work?

I see that the question was kind of asked in this thread 7-8 posts down:

http://www.visajourney.com/forums/topic/259288-i-751-waiver-filers-timeline/page-64?hl=%2Bdivorce+%2Bname+%2Bchange#entry8315115

but our situation is a little different.

Also, we don't want to do this, but is it easier for her to keep her married surname, get the new green card with her married surname, get her name legally changed in court after she has the new Green card, and then get the green card updated?

[Trymester3 6]

Couldn't find the edit button on my phone. I am a US Citizen, she is a US Resident who needs to apply for ROC before 2/19/2017. We are in the early stages of an Uncontested Divorce.

[Trymester3 6]

My wife and I lived at a few addresses other than our registered permanent address during these 2 years while she had the conditional Green Card. We never revealed these to the IRS, government, etc. Our names were not on any of the leases (except for this most recent April 2016-Current, and that's a month-to-month situation where we don't even own a paper lease).

I am going to miss the possible piece of evidence that I could've received from this current management company saying that we lived in their place, but I feel like it's just much easier to say that we were in the same Address the whole time (because that is the information that the government already believes to be true anyway). What makes sense and is easier?

Edited December 15, 2016 by Trymester3

[Ryan H 3,812]

~~~Similar topics merged.~~~

[EM_Vandaveer 2,408]

No, you can't file it with her maiden name if she changed her name to yours and the divorce isn't final yet.

The divorce itself is a proof of name change. Once she has the 10-year GC and the divorce is final, she can file I-90 to get a new GC with a new name. It'll cost over $400 after the fee increase this December.

Edited December 15, 2016 by EM_Vandaveer

[Trymester3 6]

So just to be clear, she can't file it with her maiden name before a divorce even if she writes an explanation in her cover letter, and just sends in the proof of name-change later when she is sent an RFE?