refiling i751 with a divoce waiver

[koukou 1]

i will make it simple question , can you file i751 divorce waiver before the divorce finalized or you have to wait until the divorce is complete the old threads is confusing same says yes same said no. also because i filled i751 joint with my wife and we had divorce my application is denied and it went to removal court procedure . is anyone went through same thing?

[nightingalejules 678]

You will likely have to amend your filing to a divorce waiver.. You can submit the paperwork without a finalized divorce decree, but you will get an RFE for the final decree. Once you have it, send it in (in response to the RFE) and then they will either adjudicate the application with waiver or contact you for an interview.

 

[mindthegap 2,606]

When you file with or add a divorce-waiver it does not have to be final, but it has to be final before they will approve the application.

 

However, if your I-751 was already denied and you went to immigration court, then I would suggest that it is way past that stage and you need the services of a lawyer, pronto.

 

Edited May 2, 2017 by mindthegap

[koukou 1]

On 5/2/2017 at 2:56 AM, nightingalejules said:

You will likely have to amend your filing to a divorce waiver.. You can submit the paperwork without a finalized divorce decree, but you will get an RFE for the final decree. Once you have it, send it in (in response to the RFE) and then they will either adjudicate the application with waiver or contact you for an interview.

 

I told that to my lawyer he said yes you can file but the application will be denied later because you are not divorce at the time of the filling and you have to do it again thats why im confuse.

[koukou 1]

On 5/2/2017 at 7:05 AM, mindthegap said:

When you file with or add a divorce-waiver it does not have to be final, but it has to be final before they will approve the application.

 

However, if your I-751 was already denied and you went to immigration court, then I would suggest that it is way past that stage and you need the services of a lawyer, pronto.

 

the court is only protocols since the my status is terminated and im in removed process the immigration can not deport me without a judge order, and when i go to the judge will cancel the remove and give me the option to file as divorce waiver witch could be done before the court hiring date will take long time to schedule. i want buy time and refile now but what my lawyer said and what i read in the thread is different im looking for someone done with same process as me.  

[nightingalejules 678]

I haven't had this experience, so my thoughts are minimally helpful. But, if what you say is accurate and you can refile while you are technically in removal proceedings, go ahead and do that. You shouldn't get a denial for not having your divorce certificate in the package - they should send an RFE for it (hopefully you have it by then). 

My concern would be that you may not actually be allowed to file I-751 while you are in removal proceedings, and that your lawyer is trying to get you to hold off on sending the application until after you see the judge.

Otherwise, if the lawyer is saying you'll be denied (again) for not having the divorce certificate, you might need a different lawyer.

[koukou 1]

2 minutes ago, nightingalejules said:

I haven't had this experience, so my thoughts are minimally helpful. But, if what you say is accurate and you can refile while you are technically in removal proceedings, go ahead and do that. You shouldn't get a denial for not having your divorce certificate in the package - they should send an RFE for it (hopefully you have it by then). 

My concern would be that you may not actually be allowed to file I-751 while you are in removal proceedings, and that your lawyer is trying to get you to hold off on sending the application until after you see the judge.

Otherwise, if the lawyer is saying you'll be denied (again) for not having the divorce certificate, you might need a different lawyer.

i will be denied for filling in wrong time officially im still married until the divorce is final thats why the application later will be denied , is like im filling for divorce waiver when im technically still married hopefully i explained it well. my lawyer said the divorce will be finalized before the hiring and you can refile anytime with my final decree without waiting for the court.

[koukou 1]

38 minutes ago, nightingalejules said:

I haven't had this experience, so my thoughts are minimally helpful. But, if what you say is accurate and you can refile while you are technically in removal proceedings, go ahead and do that. You shouldn't get a denial for not having your divorce certificate in the package - they should send an RFE for it (hopefully you have it by then). 

My concern would be that you may not actually be allowed to file I-751 while you are in removal proceedings, and that your lawyer is trying to get you to hold off on sending the application until after you see the judge.

Otherwise, if the lawyer is saying you'll be denied (again) for not having the divorce certificate, you might need a different lawyer.

i appreciate you help thank you so much.

[mindthegap 2,606]

37 minutes ago, koukou said:

i will be denied for filling in wrong time officially im still married until the divorce is final thats why the application later will be denied , is like im filling for divorce waiver when im technically still married hopefully i explained it well. my lawyer said the divorce will be finalized before the hiring and you can refile anytime with my final decree without waiting for the court.

You can file a solo divorce waiver package, or add a divorce waiver to a joint filing WITHOUT the divorce being final - as long as the divorce has officially commenced, and you will get an RFE for the final decree when you have it.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_ Prior_Termination_3apr09.pdf