Changing I-751 from Joint to Divorce waiver while its in process

[AH&JH 10]

@jahgallou 

 

I filled jointly ROC at the end of November 2016, I have the same update (glitch) on my case that in March 4th my case was received in the local office and I shared my divorce story here in the forum previously.

 

I separated in August 2017 and my ex filed for divorce. After consulting lawyers and researching I found out the best thing to do to avoid any future problems was to inform USCIS of my situation. I sent them a letter informing them of my date of physical separation and of the date that the petition for divorce was filed and told them I will notify them of any updates in the future. Notice that I DID NOT REQUEST TO SWITCH TO DIVORCE WAIVER.

 

The divorce agreement was finally signed this week (it took a lot longer than I expected) and  it was sent to court. Now Im just waiting on court to produce the divorce decree (lawyer told me anytime from 2 weeks to 9 months). Im here thinking on writing to USCIS to update them and tell them to please switch to divorce waiver but decided to call my immigration lawyer first.

 

He told me: The divorce waiver applies when people get divorce during the 2 years of conditional status. You didn't get divorce in those 2 years. You filed jointly and afterwards your marriage deteriorate and you got a divorce. You complied to inform the USCIS of your situation (and prevent future problems if them were to say that you didn't inform) but you dont need to request them to switch your application for divorce waiver. your divorce was after the 2 years of the conditional period.

 

He recommended me to just wait and send them a letter with the divorce decree once I get it.

 

Im still thinking I might send a letter just saying that the papers are in court and im waiting for the decree to be produced.

 

I will update everyone here on what happens next, hopefully it goes smoothly. Im really nervous as I know they will soon get to my case and it is a matter of weeks now.

 

 

[jahgallou 6]

On 5/16/2018 at 6:41 PM, AH&JH said:

@jahgallou 

 

I filled jointly ROC at the end of November 2016, I have the same update (glitch) on my case that in March 4th my case was received in the local office and I shared my divorce story here in the forum previously.

 

I separated in August 2017 and my ex filed for divorce. After consulting lawyers and researching I found out the best thing to do to avoid any future problems was to inform USCIS of my situation. I sent them a letter informing them of my date of physical separation and of the date that the petition for divorce was filed and told them I will notify them of any updates in the future. Notice that I DID NOT REQUEST TO SWITCH TO DIVORCE WAIVER.

 

The divorce agreement was finally signed this week (it took a lot longer than I expected) and  it was sent to court. Now Im just waiting on court to produce the divorce decree (lawyer told me anytime from 2 weeks to 9 months). Im here thinking on writing to USCIS to update them and tell them to please switch to divorce waiver but decided to call my immigration lawyer first.

 

He told me: The divorce waiver applies when people get divorce during the 2 years of conditional status. You didn't get divorce in those 2 years. You filed jointly and afterwards your marriage deteriorate and you got a divorce. You complied to inform the USCIS of your situation (and prevent future problems if them were to say that you didn't inform) but you dont need to request them to switch your application for divorce waiver. your divorce was after the 2 years of the conditional period.

 

He recommended me to just wait and send them a letter with the divorce decree once I get it.

 

Im still thinking I might send a letter just saying that the papers are in court and im waiting for the decree to be produced.

 

I will update everyone here on what happens next, hopefully it goes smoothly. Im really nervous as I know they will soon get to my case and it is a matter of weeks now.

 

 

Thank you for sharing your story, it's definitely been useful. I wish there was a guideline on USCIS' website describing what exactly to do in these scenarios. I think at the least I will inform them of my separation and intention for divorce. Is it because at the time we sent in our application, we were still together and not considering divorce that I do not have to switch to waiver?

I'm just not sure exactly what to write or how to write to USCIS concerning this. And what evidence to provide

 

Thanks,

 

Jonathan

[AH&JH 10]

On 5/18/2018 at 7:31 AM, jahgallou said:

Thank you for sharing your story, it's definitely been useful. I wish there was a guideline on USCIS' website describing what exactly to do in these scenarios. I think at the least I will inform them of my separation and intention for divorce. Is it because at the time we sent in our application, we were still together and not considering divorce that I do not have to switch to waiver?

I'm just not sure exactly what to write or how to write to USCIS concerning this. And what evidence to provide

 

Thanks,

 

Jonathan

 

The conditional period is two years, after those 2 years (or 2 years - 90 days to be more exact) you sent your joint ROC documents. Sometime after that your relationship deteriorated and you are getting divorce. you were not getting divorce in those 2 years, you are getting divorce after having filed jointly. As you said, there is not guidelines but everyone agrees you must inform so you don't have issues later on. 

 

If you were getting divorce before filling ROC  you needed to use a divorce waiver and attach your divorce decree, but you filed jointly and just now (more than a year later) are getting divorce, send a letter informing them. 

 

My letter was more or less :

 

name

address

phone 

email

 

date

 

To: The Adjudicating Officer, USCIS

 

Re: Name, A#, I-751 Filing

 

On X date, I, (name), A# filed a joint petition with my spouse (their name) with the X service center (where you mailed it). My case number is X (I-751) & X (CRI-89). My conditional green card expiry date was mm/dd/yyyy. The marital home address was xxxxxxxxx

 

This year, explain what happened/your situation/why are you divorcing. Because of this, I left the marital home on -Date- and I have updated my new address on the USCIS website online.

 

On X date (spouses name) and I filed/will file for divorce/divorced. I will update you of my situation as I find out more.

 

Signed

dated

 

*Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

 

[jahgallou 6]

On 5/21/2018 at 4:14 PM, AH&JH said:

 

The conditional period is two years, after those 2 years (or 2 years - 90 days to be more exact) you sent your joint ROC documents. Sometime after that your relationship deteriorated and you are getting divorce. you were not getting divorce in those 2 years, you are getting divorce after having filed jointly. As you said, there is not guidelines but everyone agrees you must inform so you don't have issues later on. 

 

If you were getting divorce before filling ROC  you needed to use a divorce waiver and attach your divorce decree, but you filed jointly and just now (more than a year later) are getting divorce, send a letter informing them. 

 

My letter was more or less :

 

name

address

phone 

email

 

date

 

To: The Adjudicating Officer, USCIS

 

Re: Name, A#, I-751 Filing

 

On X date, I, (name), A# filed a joint petition with my spouse (their name) with the X service center (where you mailed it). My case number is X (I-751) & X (CRI-89). My conditional green card expiry date was mm/dd/yyyy. The marital home address was xxxxxxxxx

 

This year, explain what happened/your situation/why are you divorcing. Because of this, I left the marital home on -Date- and I have updated my new address on the USCIS website online.

 

On X date (spouses name) and I filed/will file for divorce/divorced. I will update you of my situation as I find out more.

 

Signed

dated

 

*Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

 

Thank you for providing all of that information and detail. I don't know what I would do without everyone here on Visajourney helping me through the process.

I do have one additional question. I changed my address with USCIS early last week, but my and my wife physically separated back in mid-January. I didn't change my address then because most of my things were still there and I was staying at my mom's just until everything was figured out. I officially got all of my things out the other day. What should I inform USCIS about the date I moved out? I wasn't exactly sure what would transpire when I moved in with my mom in mid-January so I didn't want to change my address only to change it back again, you know?

[AH&JH 10]

On 5/24/2018 at 7:04 AM, jahgallou said:

Thank you for providing all of that information and detail. I don't know what I would do without everyone here on Visajourney helping me through the process.

I do have one additional question. I changed my address with USCIS early last week, but my and my wife physically separated back in mid-January. I didn't change my address then because most of my things were still there and I was staying at my mom's just until everything was figured out. I officially got all of my things out the other day. What should I inform USCIS about the date I moved out? I wasn't exactly sure what would transpire when I moved in with my mom in mid-January so I didn't want to change my address only to change it back again, you know?

 

Jahgallou, I dont really have the right answer. It is really up to you.  I think I would state in the letter that things have been difficult for a time and that now you two decided to part ways and you have officially moved out of the house (and give the recent date when you changed the address with USCIS).

 

I got an update on my case on 5/23/18, I received a text message that there was an update on my case, went to the website an found out that an RFE is coming my way. Im guessing they are requesting my divorce decree (that I don't have yet). Can wait to see the letter though and check if they are requesting something else and crossing my fingers that my divorce decree gets to me before the deadline for the RFE. This is such an stressful process.

 

 

[jahgallou 6]

On 5/25/2018 at 3:15 PM, AH&JH said:

 

Jahgallou, I dont really have the right answer. It is really up to you.  I think I would state in the letter that things have been difficult for a time and that now you two decided to part ways and you have officially moved out of the house (and give the recent date when you changed the address with USCIS).

 

I got an update on my case on 5/23/18, I received a text message that there was an update on my case, went to the website an found out that an RFE is coming my way. Im guessing they are requesting my divorce decree (that I don't have yet). Can wait to see the letter though and check if they are requesting something else and crossing my fingers that my divorce decree gets to me before the deadline for the RFE. This is such an stressful process.

 

 

Thank you!

I am submitting the letter today informing USCIS of the situation.

If I will be staying in another state and possibly working over the summer during my university break, is that something I should include in that letter or possibly a separate letter?

[ApplyingforN400 126]

On 5/21/2018 at 2:14 PM, AH&JH said:

 

The conditional period is two years, after those 2 years (or 2 years - 90 days to be more exact) you sent your joint ROC documents. Sometime after that your relationship deteriorated and you are getting divorce. you were not getting divorce in those 2 years, you are getting divorce after having filed jointly. As you said, there is not guidelines but everyone agrees you must inform so you don't have issues later on. 

 

If you were getting divorce before filling ROC  you needed to use a divorce waiver and attach your divorce decree, but you filed jointly and just now (more than a year later) are getting divorce, send a letter informing them. 

 

My letter was more or less :

 

name

address

phone 

email

 

date

 

To: The Adjudicating Officer, USCIS

 

Re: Name, A#, I-751 Filing

 

On X date, I, (name), A# filed a joint petition with my spouse (their name) with the X service center (where you mailed it). My case number is X (I-751) & X (CRI-89). My conditional green card expiry date was mm/dd/yyyy. The marital home address was xxxxxxxxx

 

This year, explain what happened/your situation/why are you divorcing. Because of this, I left the marital home on -Date- and I have updated my new address on the USCIS website online.

 

On X date (spouses name) and I filed/will file for divorce/divorced. I will update you of my situation as I find out more.

 

Signed

dated

 

*Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

 

Just to let you know, this info MIGHT not be true. 

 

If the I751 is joint, if you are requested for an interview your spouse HAS to come with you or you will be denied 100%. The IO can not approve you without the presence of the spouse in a joint I751. 

 

If you get approved without an interview thats a different story, I think you are safe if you informed them (hopefully you kept reciepts for sending then letter). But even in this scenario some IOs in N400 interview or border patrol officers might hassle you in the future causing you a headache. 

[AH&JH 10]

On 5/31/2018 at 4:04 AM, ApplyingforN400 said:

Just to let you know, this info MIGHT not be true. 

 

If the I751 is joint, if you are requested for an interview your spouse HAS to come with you or you will be denied 100%. The IO can not approve you without the presence of the spouse in a joint I751. 

 

If you get approved without an interview thats a different story, I think you are safe if you informed them (hopefully you kept reciepts for sending then letter). But even in this scenario some IOs in N400 interview or border patrol officers might hassle you in the future causing you a headache. 

Hi ApplyingforN400 Thank you for chiming in.

 

It is so frustrating the lack of instruction from USCIS in this subject. Now that you said that, I do remember while back a lawyer (different to the one im consulting) told me they could call me for an interview and if at that point I didn't have the divorce decree I needed to reschedule the interview and send a request for divorce waiver :S. 

 

I dont know the right answer but I will keep updating you all in what happens with my case. I couldn't find much info about this subject so even though Im not sure what is the best way to do it I hope sharing my process would help other people in the same situation

[Villanelle 4,122]

On 5/31/2018 at 5:04 AM, ApplyingforN400 said:

Just to let you know, this info MIGHT not be true. 

 

If the I751 is joint, if you are requested for an interview your spouse HAS to come with you or you will be denied 100%. The IO can not approve you without the presence of the spouse in a joint I751. 

 

If you get approved without an interview thats a different story, I think you are safe if you informed them (hopefully you kept reciepts for sending then letter). But even in this scenario some IOs in N400 interview or border patrol officers might hassle you in the future causing you a headache. 

I have to add on to this.. If the 751 is joint and an interview is set you have to go to the interview. They expect both spouses to attend. If only the immigrant attends its not a 100% denial. They will ask you if you want to switch to a waiver (or remain on the joint which would be a 100% denial since the spouse is not at the interview). If you have the divorce decree with you- you can switch to a waiver right then and there and have the interview as a divorce waiver. If you dont have the divorce decree they should switch you to a divorce waiver and give you an RFE for the decree. 

[AH&JH 10]

Now, im wondering if my lawyer was wrong and I should have changed my petition for a divorce waiver.

 

I received an RFE where they request the divorce decree (Thankfully I received the divorce decree the same week than the RFE letter), they also say "if the marriage has been terminated, and you would like to amend the jointly...."

 

My lawyer advised to not amend, and he sent them a letter where he explains that our separation happened 5 months after the 2 year conditional period had passed (8 months after we filed jointly) and he also mentions the the fact that they are saying "if you would like to amend" and asking them to let us know if amending is neccessary or not.

 

The package sent to USCIS contained:

• lawyer letter with lawyer representation form
• Divorce decree
• Copy of the letter that I sent to USCIS informing of divorce proceedings
• The petition of divorce documents

 

This is such a painful process

 

I just hope that they don't come back requesting an interview with both parties

 

 

Edited June 4, 2018 by AH&JH

[AH&JH 10]

and I should have signed the amendment for divorce waiver

 

They are calling me for an interview.  my ex-husband and I are not in good terms so I cannot go to an interview with him. So im hoping as @Damara mentioned to go to the interview and changed my process to divorce waiver there. (I would probably have avoid this interview if I would have signed that amendment when I sent the divorce decree with my RFE).

 

To make things more complicated im moving from the West Coast to the East Cost in 2 weeks :S   I haven't received the letter with the date of the interview, should I just wait for that letter and come back to California for the interview and then change my address? any advice?

 

 

 

Edited June 27, 2018 by AH&JH

[Scazy 78]

52 minutes ago, AH&JH said:

and I should have signed the amendment for divorce waiver

 

They are calling me for an interview.  my ex-husband and I are not in good terms so I cannot go to an interview with him. So im hoping as @Damara mentioned to go to the interview and changed my process to divorce waiver there. (I would probably have avoid this interview if I would have signed that amendment when I sent the divorce decree with my RFE).

 

To make things more complicated im moving from the West Coast to the East Cost in 2 weeks :S   I haven't received the letter with the date of the interview, should I just wait for that letter and come back to California for the interview and then change my address? any advice?

 

 

 

I wonder why the lawyer decided not to amend it? I think you should be fine, you disclosed your divorce and it’s finalized so I believe your lawyer can amend it at the spot during the interview and be done with it. Interview notice is usually given about a month away, can you postpond your moving for a few more weeks?

[AH&JH 10]

1 hour ago, Scazy said:

I wonder why the lawyer decided not to amend it? I think you should be fine, you disclosed your divorce and it’s finalized so I believe your lawyer can amend it at the spot during the interview and be done with it. Interview notice is usually given about a month away, can you postpond your moving for a few more weeks?

 

I cant postpone my moving date, unfortunately.

Im gonna start a new job there.

 

I want to just fly back and have the interview here but dont know what to do with the change of address. You are supposed to change it within 10 days of your moving date.

 

Wondering if there is any way that I can schedule the interview for a closer date (next two weeks instead of a month)

[mindthegap 2,590]

If you turn up to an interview and you no longer reside in that state, it will be terminated, your file sent to your new local office, and rescheduled. Been there, done that (asked for ID, saw it was from my new state as of a couple of weeks prior, and immediately terminated the interview)

 

You will also have no issue requesting a switch to a divorce waiver if your spouse does a no show - it is permitted. (Also been there & done that)

Edited June 27, 2018 by mindthegap

[AH&JH 10]

On 6/27/2018 at 10:46 AM, mindthegap said:

If you turn up to an interview and you no longer reside in that state, it will be terminated, your file sent to your new local office, and rescheduled. Been there, done that (asked for ID, saw it was from my new state as of a couple of weeks prior, and immediately terminated the interview)

 

You will also have no issue requesting a switch to a divorce waiver if your spouse does a no show - it is permitted. (Also been there & done that)

I start my job in July 9 but won't be officially moving until August when I get an apartment there, Im gonna travel there to start the job and apartment hunt then I have to come back to California to pack and ship my boxes and pick up my dog to take her to NY.

 

Im hoping the interview will be assigned for the end of July so I can have it here in CA. If it is in August I guess I will have to change the address in the website, do you know if after changing the address they would reschedule the interview automatically to NY or if I need to do something for that to happen?

 

I was looking at your timeline, how was the process for you after they denied your petition to restart a new divorce waiver petition? Im surprised after telling you everything was ok in the interview they denied your case. 

 

Thank you