Divorce while i751 is pending

[Frankee5 0]

Hi

I'm new to this page.

anyone knows what I should do if i get divorce from my husband while the i751 is pending? 

Our marriage was entered in a good faith but in the last couple months things got difficult and i wanna get divorce. 

We applied in April of this year for removing conditions on my the green card .. a lot of evidence like Insurance's bank accounts from 2015,  pictures, letters, utilitys, leasing.. we have been married for almost 3 years.. 

I would greatly appreciate your help ! 

Thank you! 

[mindthegap 2,605]

Inform USCIS at some point.

More than likely you will be called to interview - if you intend to switch to a divorce waiver the USC spouse does not have to attend and is not involved in the process any further.

Once you have switched to a divorce waiver, it cannot be approved without the divorce being final, so once it is either give them a copy of the decree at interview, or mail it.

Edited November 12, 2017 by mindthegap

[Frankee5 0]

Thank u very much. I already did the day I sent the divorce papers to the courthouse..  How did I switch to divorce waiver? Are they gonna give me the option or I have to ask? The courthouse said that in a week or so we might get the final degree,  looks like is not to complicated  because we don't have kids .    

[Frankee5 0]

And do u think I need a lawyer with this case? The first and the second time we filled with a lawyer, but the second time I wasn't to happy because it seemed like they just signed the papers and didn't help to much... now I feel like I have nothing to lose and I can do it on my own because I stayed here because of my husband, if the uscis deny my case I'll go back home and start my life over..  the only thing that it sucks is because I've been here for more than 3 years and I feel like the US is my second home.. Thank u again! 

[mindthegap 2,605]

2 hours ago, Frankee5 said:

How did I switch to divorce waiver? Are they gonna give me the option or I have to ask? 

Write to them - enclosing a copy of your original extension letter and your divorce decree - and request a switch to a waiver of the joint filing based on divorce.

 

 

1 hour ago, Frankee5 said:

And do u think I need a lawyer with this case?  

Maybe. Can be done without, and that is what this board is here for.

Just because they have a law degree does not mean they know everything, and it doesn't speed it up. You only have to look at some of the horror stories on here regarding lawyer screw ups to see that not all lawyers are created equal.

 

 

1 hour ago, Frankee5 said:

if the uscis deny my case I'll go back home and start my life over..  the only thing that it sucks is because I've been here for more than 3 years and I feel like the US is my second home.. 

The US is your home.

If USCIS deny your case, you still get an opportunity to appear in front of an immigration judge to plead our case.

At that time, USCIS has to demonstrate that it was not a bonafide marriage, and was for the purpose of circumventing or evading immigration laws - totally the opposite of the I-751 filing where you have to demonstrate that it wasn't.

At the present time it is a very long way from even the possibility that you would have to leave, so don't worry too much.

[Frankee5 0]

Thank u very much! I hope everything gets done in a short period of time because everything is to much stress for me now..   so when I get the final degree I should make a copy and send it to them with my extension leter and just write on a paper that I need to switch my I 751 to a divorce  waiver... 

Thanks again.