Some Very detailed I-751 Questions...maybe you can help please.

[Trymester3 6]

Hello,

 

I am a US Citizen, She is a Japanese Citizen and US Resident. She will be filing ROC in early February. I have some detailed questions about my soon-to-be-ex-wife's I-751 form. We are in the middle of an uncontested divorce and I have told her that I will unofficially help her. She will probably submit her ROC I-751 form before the divorce decree arrives. So, here are some questions about the I-751.
 

Part 1, 1A: Does she write the name that is on her green card, or does she write the name that she will have after her divorce decree arrives?
 

Part 1, 10: She should mark "divorced" even though we are still technically married because the divorce decree hasn't been granted yet. She will have to provide the Decree later after an RFE is sent.
 

Part 1, 13: Should the date provided be the date that we stopped living together, or the actual date on the divorce decree? If the decree is not in our possession yet, should she leave the space blank?
 

Part 1, 16 and 17: If the Petitioner is moving around and staying in different friend's homes until she finds something more permanent, should she just check the box that says "no"
 

Part 1, 22: Can she just check the box that says "no" since her name has never been on any lease, and we always used my mother's address as our address on all official forms and IDs anyway?
 

Part 4: I qualify as "former spouse" because that is what I am, and I have publicly stated that I will help her submit her ROC package. Does she have to fill this section out (i.e. put a check mark on 1a), or can she leave it blank. What difference does it make?
 

Part 8: If I am not acknowledged at all in Part 4, then I don't need to fill out Part 8. However, "if" I am acknowledged in Part 4, then I "have" to fill out and sign Part 8. Correct? Is this correct even though we are not filing jointly and she is actually filing with a divorce waiver? Do they need my info. and signature anyway just because we had an uncontested and friendly split?
 

 

* Since we have no children and didn't use any Preparer or Interpreter, then most of the form will remain blank, right? It seems like there will be alot of unfilled and blank spaces in the form. Is this correct? We don't need to write NA or anything like that, right?

[Rc123rc 528]

Think of it this way. the date of filing determines a lot of your answers. If the divorce decree is not final then all the answers are given as of the date of filing. As an example, married is the answer, not divorced to Part 1.10.You can't put future values in the form.

[Trymester3 6]

I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

[EM_Vandaveer 2,408]

17 minutes ago, Trymester3 said:

I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

Yes. Like rcripps said, you can only put current info on the form. At the form filing time still no divorce decree = she is still legally married at the time. Same with her legal name. If she took your last name, that's still her legal name before she receives the divorce decree.

No final divorce decree = you are still her spouse at the time of filing.

Edited January 5, 2017 by EM_Vandaveer

[Rc123rc 528]

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

 

It says you can file a waiver before finalized but there are risks if you don't have a final divorce decree within the required time limit. Please be careful. I will re-affirm what I said before. You have to put "Married" with current name. This is true with all forms until you actually have a finalized decree and the name change has been approved through the courts. 

[Trymester3 6]

3 hours ago, EM_Vandaveer said:

No final divorce decree = you are still her spouse at the time of filing.

Thanks for your input. This relates to part 4 and part 8 of the form now. She is filing with a divorce decree, and we are not filing jointly. I will not be listed as a Petitioner, Interpreter, or anything like that. Technically, I'm still the spouse though, so does my information need to be listed? Do I need to sign the form in Part 8? Just curious?

[EM_Vandaveer 2,408]

You don't need to sign it.

[Trymester3 6]

Sorry if these questions are dumb, but does it make any difference whether I do sign it or not? I mean, if she is already going to list my name and my social security # elsewhere in the form anyway, then it wouldn't look too out of place for me to sign the form, right?.

 

I'm just looking for opinions, so that when I help her with this we can get it done and out of the way as soon as possible, so then we can move on with our lives.

[EM_Vandaveer 2,408]

I don't think you are supposed to sign it as it's a waiver filing. You had the option of filing jointly as you are only separated, not divorced yet. You chose not to do that, so don't sign it. You can send an affidavit with the filing attesting that you had a bona fide marriage just were not compatible.

Edited January 5, 2017 by EM_Vandaveer

[Trymester3 6]

Since I may not have to sign it, should I still fill out my information such as Social Security #, Address, cell phone and all the other things it asks of me (the spouse) in Part 4 and Part 8?

 

Also, if anyone else has any insight on this I'd appreciate it.

Thanks.

[Davejj 31]

12 hours ago, Trymester3 said:

I appreciate your quick reply rcripps, but even though we will have not received the divorce decree yet, she will still be filing with a divorce waiver. Would she still put married for Part 1, #10 even though she is filing with a divorce waiver (especially considering that she'll just be able to provide the divorce decree months later when she's asked for an RFE)?

If I were you, I would seek professional advice on this as it appears complicated a bit. Just my candid opinion.

[NikLR 13,227]

6 hours ago, Trymester3 said:

Since I may not have to sign it, should I still fill out my information such as Social Security #, Address, cell phone and all the other things it asks of me (the spouse) in Part 4 and Part 8?

 

Also, if anyone else has any insight on this I'd appreciate it.

Thanks.

She would need all that info anyhow, it's her petition. You were her spouse.  

[Trymester3 6]

NikLR, that's what I figured, but I wasn't sure. Do you also agree that I don't have to sign it in Part 8?

[Chardon Ne' 71]

Hi what you can do is find out if your divorce is final, even though you have yet to receive the decree. I know that the day I received mine and the date that it was actually final are different. It was actually finalized months before I received the actual decree. 

[NikLR 13,227]

9 hours ago, Trymester3 said:

NikLR, that's what I figured, but I wasn't sure. Do you also agree that I don't have to sign it in Part 8?

If youre not filing jointly, dont sign it.