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Marloon

i 751 filled jointly, currently separated

By Marloon in Removing Conditions on Residency General Discussion

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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
18 minutes ago, Xandrina said:

Ugh, maybe somebody from this thread can help me to clarify some stuff with my case. At the beginning of the last year, my husband and I jointly filed i-751. After a couple of months we got separated, USCIS sent a letter asking for RFE. I have responded to that stating that we are no longer together, including all the proof of this marriage being real (I left him due to emotional abuse and many other reasons which I could not handle, although there was no physical abuse), texts and facebook conversations have been sent together with bank statements, tax refunds etc etc. We did file for divorce but it hasn't been finalized yet since he refuses to sign the papers (although at first, he initiated it). Last week USCIS sent me a letter with an interview notice, which says that if i-751 was filed jointly, the spouse has to come with for the interview. I have called USCIS a few times but nobody gave me an exact answer if he has to be present on the interview considering we are no longer together. So, the question is, do I have to bring him with?

You can request the change to a divorce waiver at the interview. They will issue an RFE to submit the final divorce decree afterwards.

The only potential issue is the timing...RFEs must be responded to within a stated period of time (a couple months) or else the petition will be denied. If the timing isn't an issue, then you should be fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Villanelle
Villanelle

No, it is not necessary to update USCIS with additional current proof of the bonafides of the relationship. The whole point of what Im trying to explain is yes, things can change. You should notify US

Villanelle
Villanelle

The memo talks about divorce or legal separation documents because the USCIS only has two choices for marital status. You are either legally married or you are not (divorced). There is no status for "

Villanelle
Villanelle

I agree with the above. You seem to be focused on the 'how long will this take' aspect above everything else. I can understand its been a long wait, but theres nothing you can do about that.   

Xandrina Newbie

Xandrina   0

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Just now, geowrian said:

You can request the change to a divorce waiver at the interview. They will issue an RFE to submit the final divorce decree afterwards.

The only potential issue is the timing...RFEs must be responded to within a stated period of time (a couple months) or else the petition will be denied. If the timing isn't an issue, then you should be fine.

Thank you!!

 
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