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Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Has anyone had the same experience? We just filed the 751 jointly. My husband wants to file the divorce asap after that. What will happen to my case? do i need to notify uscis then? What are my chances getting approved and rejected? My husbadn doesnt care about the outcome. He just want to be transparent to the law.

Edited by Lolita2134
Posted

Pretty sure you need to let uscis know about it. With the divorce, you're no longer filling it jointly. Not 100% sure how it work but I believe you need to add a divorce waiver and proof that you enter the relationship on good Faith? 

K1

29.11.2013 - NoA1

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01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted
2 hours ago, Lolita2134 said:

Has anyone had the same experience? We just filed the 751 jointly. My husband wants to file the divorce asap after that. What will happen to my case? do i need to notify uscis then? What are my chances getting approved and rejected? My husbadn doesnt care about the outcome. He just want to be transparent to the law.

Can you marriage not be worked out? I don't understand this abrupt need to file for divorce right after filing I-751.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

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I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: K-1 Visa Country: Philippines
Timeline
Posted
17 minutes ago, Marco&Bettina said:

Can you marriage not be worked out? I don't understand this abrupt need to file for divorce right after filing I-751.

 

Sorry for not putting the details as I am of really emotional right now. My husband asked for the divorce last yr and agreed to work it out. We moved to a different state. When I thought everything was going good, he decided to ask for divorce this was just the second week of February. The week before my filling i have still asking him to work on our marriage. But he won't and wont also to counsellinng. He said I was rude for trying to ask him to ask on our marriage and I was selfish. Now he wants nothing to do with me. He is eager to file a divorce asap, as my mere presense of me in the house streesses him out. Please advise. He cant wait for the 90 days. Thats why he wanted to file it asap and be done with our relationship. No physical abuse involved just really irreconcilable differences for him even though i think we can still work it out. He said it wont a difference by filling them together. Please advise if you know anyone who has gone the same situation.

Posted
17 minutes ago, Lolita2134 said:

He is fine with it filling jointly then when we get interview we can just let them know. He doesnt want to do the 90 day approval of ROC then divorce.

It's gonna likely take much longer than 90 days to be approved anyway.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
1 hour ago, Lolita2134 said:

He is fine with it filling jointly then when we get interview we can just let them know. He doesnt want to do the 90 day approval of ROC then divorce.

You have to notify USCIS and change to a divorce waiver.

ROC take 10-15 months these days.

Edited by F1H1I130
Posted
1 hour ago, F1H1I130 said:

You have to notify USCIS and change to a divorce waiver.

ROC take 10-15 months these days.

Yeah ROC is taking so long that many people are requesting Naturalization before ROC interview even occurs. That's what my wife will do if USCIS doesn't speed up.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: Country:
Timeline
Posted

if you have not filed yet file and include a notethat you are still in the process of getting divorced and will give them the court papers when you get them. if you have already filed send then a letter stating the same.

 

good luck

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello. I just filed jointly for the 751. Our relationship hasnt been working and my husband wanted a divorce although I still want to make it work. He planned on filing divorce after but found out we cant do it because we just moved to NYC and you need to be a 1 yr resident to be granted a divorce. So that means we cant divorce until a year? The only option is legal separation. Im concern that the condition wont be removed if i dont have the decree. Please advise on what is best. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Not sure on how NY works specifically... but some states say you can't get divorced unless one of the parties has been a resident for 6 months or 1 year..

 

Like, if I got married in Maine (just for instance), but I lived in Texas, Maine would not grant me a divorce unless I or my spouse is a current resident of that state for the required alotted time..

What state did you marry in? Maybe could just divorce through that state, or check their requirements... perhaps also whoever you spoke to in NY they were confused that you were not originally marriede in NY...

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11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

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Filed: K-1 Visa Country: Philippines
Timeline
Posted
Just now, Ben&Zian said:

Not sure on how NY works specifically... but some states say you can't get divorced unless one of the parties has been a resident for 6 months or 1 year..

 

Like, if I got married in Maine (just for instance), but I lived in Texas, Maine would not grant me a divorce unless I or my spouse is a current resident of that state for the required alotted time..

What state did you marry in? Maybe could just divorce through that state, or check their requirements... perhaps also whoever you spoke to in NY they were confused that you were not originally marriede in NY...

We married in Alaska. The attorney also told him we can't do it because we just moved out. 

 

I'm fine with it. It's just he wants no connection with me anymore and he was just disappointed after knowing that. And me concerning about no decree to remove the conditions. 

 
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