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

[mindthegap 2,590]

1 hour ago, AH&JH said:

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. 

I can't go into too much detail here, but rest assured the full story will be shared when it is all dealt with.

 

The interviewer flat out lied to me, as did numerous prior USCIS agents when I specifically asked if they had spoken to, or been contacted by my spouse. I was also not given an opportunity to refute any allegations (which are entirely false, and I can prove it too) which completely contradicts USCIS policy.  There is no ambiguity about what was asked - or more interestingly not asked - by the interviewer, and that also can be proved. 

 

Filing a new I-751 was easy enough and really little different from the original filing, albeit after a stressful 4 days with zero sleep looking at every single piece of relevant policy, law and case law I could find.

 

1 hour ago, AH&JH said:

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?

 

You normally get ~ four or five weeks notice of the interview date - until the letter with the appointment arrives there is nothing you can do. 

I was specifically asked if I had any further bona-fide evidence between the time of filing the original I-751 and the date of the interview, of which I had loads, so if you have any, dig it out.

  

 

[AH&JH 10]

On 6/28/2018 at 1:29 PM, mindthegap said:

I can't go into too much detail here, but rest assured the full story will be shared when it is all dealt with.

 

The interviewer flat out lied to me, as did numerous prior USCIS agents when I specifically asked if they had spoken to, or been contacted by my spouse. I was also not given an opportunity to refute any allegations (which are entirely false, and I can prove it too) which completely contradicts USCIS policy.  There is no ambiguity about what was asked - or more interestingly not asked - by the interviewer, and that also can be proved. 

 

Filing a new I-751 was easy enough and really little different from the original filing, albeit after a stressful 4 days with zero sleep looking at every single piece of relevant policy, law and case law I could find.

 

 

You normally get ~ four or five weeks notice of the interview date - until the letter with the appointment arrives there is nothing you can do. 

I was specifically asked if I had any further bona-fide evidence between the time of filing the original I-751 and the date of the interview, of which I had loads, so if you have any, dig it out.

  

 

Im so sorry this process has been so painful for you, what a nightmare.

 

I was hoping to receive a letter days after the update in their website but nothing until now. kicking myself for not having signed the amendment and now have to deal with this problem of being called for an interview while moving from one state to other.

 

How was the process from the moment they told you they couldn't interview you to receiving the notice of the new interview in the new state? When sis you do the change of address in the system? Did you get any system updates? or you didn't hear anything from them in 6 months (from Jan 2017 (original interview) to August 2017?

 

Thank you! and hoping you get your approval very soon and be over with this nightmare.

 

 

 

 

 

[Abby2018 4]

On 5/15/2018 at 2:09 PM, Damara said:

Well let me say first I am not an attny. I believe you have a "good" attny. I dont know how versed he is in immigration matters but in practical legal matters he seems to be "good".

 

He is correct. USCIS does not have clear policies in place for these types of situations. The only policy is the memo which I believe is linked in this thread that states "if" they become aware of a divorce or separation what they should do. There is no current policy or mandate that you "must" notify them of such a situation. But because of other policies about naturalization and ROC revocations it is advised to notify them. The reasons why were outlined in this thread.

 

Your lawyer is stating he can not guarantee any particular outcome. Hes being honest. No lawyer should guarantee any outcome. Was he guaranteeing a successful joint ROC petition? I think not. If he was then I take back what I said about him being good! 

 

From my observations of the forums no one has been sent to the back of the line when switching. Yes it can add time to your case but thats not a good enough reason to not notify them when the consequences for failing to notify them are so severe. USCIS can also deny your joint petition. So saying it might get denied is again a silly thing to point out. If your spouse is willing to remain on the joint petition then you have the choice of remaining on the joint petition or switching to a waiver. If you remain on the joint petition you should still notify them of the separation and expect an interview with both of you present. The divorce can not be final to get approved on a joint petition. If you do not trust your spouse to attend the interview or the divorce will be final before your petition is adjudicated then you must switch to the divorce waiver. 

 

 

@Damara I want to give update regarding my process. My lawyer eventually send the letter to USCIS regarding my divorce proceedings and requested my case be switched to waiver. However after couples of weeks he called them to confirm if the latter was received by them and action as been taken. He was told to wait for response in the mail in few days. Couple of days later the letter was received and they stated “ provide documentation of the divorce filled the officer reviewing your case will make appropriate changes when adjusting your status” they say they might request for more evidence if needed and the copy of the divorce will be forwarded to my file. I have kind of confused if this's a good sign. Thank you every one 

[AH&JH 10]

Just wanted to update you all, my case was sent to NBC in June 2018 stating an interview will be schedule.

After 63 days of not hearing from USCIS I submitted a "case out of normal processing time" request through the USCIS website (I filed in CA, nov 2016 jointly, got divorce in 2017).

Mid September received letter from USCIS with interview scheduled for mid-October.

 

I am hiring a lawyer to accompany me to the interview (different to the one who advised me not to sign the amendment to switch to waiver when they sent me the RFE -I replied  with my divorce decree but no amendment) and will request to be switched to a divorce waiver.

 

Im planning on bringing the below documents with me (mostly end of 2016 and 2017 proof)  but wondering if I should also bring the copy of the 3 binders I had sent USICS previously with the rest of bank statements, affidavits, insurances in both of our names, utilities under both names, tax transcripts married filed jointly, photos, etc etc etc from 2013 to 2016. 

 

 

 

1.    Commingling of financial resources:

1.1  IRS Tax Transcripts 2016 (married filed jointly)

1.2  IRS Tax Transcripts 2017 (married filed separately)

1.3  Bank  statements for Joint Checking account and savings accounts from April 2017 to February 2018. Note: All four accounts were closed 2018 due to divorce proceedings

1.4  Copy of Home Insurance under both names 11/2016 to 11//2017

1.5  Car Insurance policy letter under both names 11/2015 – 11/2016

1.6  Car insurance statements December 2017 to July 2017

2.    Change of Address filed with USCIS on August 2017

3.    Change of address USPS

4.    Copy of response to RFI sent to USCIS June 2018 with:

4.1  RFE Letter

4.2  Cover letter from lawyer

4.3  Form G-28

4.4  Copy of green card

4.5  USCIS I-751 Receipt notice 

4.6  Copy of letter sent to USCIS informing them of divorce proceedings on October 2017

4.7  Divorce petition filed by USC Spouse and proof of service

6.    Correspondence from May 2016 to June 2017

7.    Photos

8. Letter from therapist stating we attended couples therapy for 4 months.

 

I also have a scrapbook with photos, wedding invitations, cards from family and friends for engagement and wedding, etc etc etc 

 

Any advice would be greatly appreciated.

 

Thank you

Edited September 25, 2018 by AH&JH

[jahgallou 6]

Hey everyone,

 

I got an update yesterday saying "My New Card is Being Produced". Since sending my letter, I never received anything from USCIS and no schedule for an interview. 

I'm so excited that I'm almost in disbelief that it is being produced.

I'm hoping it's not another glitch.

Thanks everyone for all the help through this journey!

[indianshah 4]

All i751 waiver filers - just wanted to share a new USCIS policy about interview waiver that came out on 12/14/2018 for i751 regular and waiver filers.

 

https://amp.miamiherald.com/news/local/immigration/article223067055.html

[indianshah 4]

Waiver filer here. Received an email saying that an RFE notice was sent to my address

[longuscisprocess 27]

On 9/24/2018 at 9:39 PM, AH&JH said:

Just wanted to update you all, my case was sent to NBC in June 2018 stating an interview will be schedule.

After 63 days of not hearing from USCIS I submitted a "case out of normal processing time" request through the USCIS website (I filed in CA, nov 2016 jointly, got divorce in 2017).

Mid September received letter from USCIS with interview scheduled for mid-October.

 

I am hiring a lawyer to accompany me to the interview (different to the one who advised me not to sign the amendment to switch to waiver when they sent me the RFE -I replied  with my divorce decree but no amendment) and will request to be switched to a divorce waiver.

 

Im planning on bringing the below documents with me (mostly end of 2016 and 2017 proof)  but wondering if I should also bring the copy of the 3 binders I had sent USICS previously with the rest of bank statements, affidavits, insurances in both of our names, utilities under both names, tax transcripts married filed jointly, photos, etc etc etc from 2013 to 2016. 

 

 

 

1.    Commingling of financial resources:

1.1  IRS Tax Transcripts 2016 (married filed jointly)

1.2  IRS Tax Transcripts 2017 (married filed separately)

1.3  Bank  statements for Joint Checking account and savings accounts from April 2017 to February 2018. Note: All four accounts were closed 2018 due to divorce proceedings

1.4  Copy of Home Insurance under both names 11/2016 to 11//2017

1.5  Car Insurance policy letter under both names 11/2015 – 11/2016

1.6  Car insurance statements December 2017 to July 2017

2.    Change of Address filed with USCIS on August 2017

3.    Change of address USPS

4.    Copy of response to RFI sent to USCIS June 2018 with:

4.1  RFE Letter

4.2  Cover letter from lawyer

4.3  Form G-28

4.4  Copy of green card

4.5  USCIS I-751 Receipt notice 

4.6  Copy of letter sent to USCIS informing them of divorce proceedings on October 2017

4.7  Divorce petition filed by USC Spouse and proof of service

6.    Correspondence from May 2016 to June 2017

7.    Photos

8. Letter from therapist stating we attended couples therapy for 4 months.

 

I also have a scrapbook with photos, wedding invitations, cards from family and friends for engagement and wedding, etc etc etc 

 

Any advice would be greatly appreciated.

 

Thank you

Is there any update on your case??

On 2/23/2019 at 9:02 PM, indianshah said:

Waiver filer here. Received an email saying that an RFE notice was sent to my address

Did you received any update after sending RFE?

[longuscisprocess 27]

On 2/23/2019 at 9:02 PM, indianshah said:

Waiver filer here. Received an email saying that an RFE notice was sent to my address

Any update?

[Sweet5884 12]

Any update? 

[YoloTrustMe 1]

On 9/24/2018 at 7:39 PM, AH&JH said:

Just wanted to update you all, my case was sent to NBC in June 2018 stating an interview will be schedule.

After 63 days of not hearing from USCIS I submitted a "case out of normal processing time" request through the USCIS website (I filed in CA, nov 2016 jointly, got divorce in 2017).

Mid September received letter from USCIS with interview scheduled for mid-October.

 

I am hiring a lawyer to accompany me to the interview (different to the one who advised me not to sign the amendment to switch to waiver when they sent me the RFE -I replied  with my divorce decree but no amendment) and will request to be switched to a divorce waiver.

 

Im planning on bringing the below documents with me (mostly end of 2016 and 2017 proof)  but wondering if I should also bring the copy of the 3 binders I had sent USICS previously with the rest of bank statements, affidavits, insurances in both of our names, utilities under both names, tax transcripts married filed jointly, photos, etc etc etc from 2013 to 2016. 

 

 

 

1.    Commingling of financial resources:

1.1  IRS Tax Transcripts 2016 (married filed jointly)

1.2  IRS Tax Transcripts 2017 (married filed separately)

1.3  Bank  statements for Joint Checking account and savings accounts from April 2017 to February 2018. Note: All four accounts were closed 2018 due to divorce proceedings

1.4  Copy of Home Insurance under both names 11/2016 to 11//2017

1.5  Car Insurance policy letter under both names 11/2015 – 11/2016

1.6  Car insurance statements December 2017 to July 2017

2.    Change of Address filed with USCIS on August 2017

3.    Change of address USPS

4.    Copy of response to RFI sent to USCIS June 2018 with:

4.1  RFE Letter

4.2  Cover letter from lawyer

4.3  Form G-28

4.4  Copy of green card

4.5  USCIS I-751 Receipt notice 

4.6  Copy of letter sent to USCIS informing them of divorce proceedings on October 2017

4.7  Divorce petition filed by USC Spouse and proof of service

6.    Correspondence from May 2016 to June 2017

7.    Photos

8. Letter from therapist stating we attended couples therapy for 4 months.

 

I also have a scrapbook with photos, wedding invitations, cards from family and friends for engagement and wedding, etc etc etc 

 

Any advice would be greatly appreciated.

 

Thank you

I am exact same situation, could you please update about your case ? Thanks

[Rome1122 2]

Hi 

I filed i751 jointly and now going through divorce. Was curious if I have to repay the application fee for the waiver of i751?

I have the application ready for the waiver but dont know if I have to pay again.

Please help. 

[YoloTrustMe 1]

51 minutes ago, Rome1122 said:

Hi 

I filed i751 jointly and now going through divorce. Was curious if I have to repay the application fee for the waiver of i751?

I have the application ready for the waiver but dont know if I have to pay again.

Please help. 

No need to pay again. Just send in your letter/request to amend your Joint application to switch to a waiver.

[Rome1122 2]

1 minute ago, YoloTrustMe said:

No need to pay again. Just send in your letter/request to amend your Joint application to switch to a waiver.

Thank you very much. I appreciate it alot. 

So do I need to send a new i751 form for the waiver with the letter?

[YoloTrustMe 1]

10 minutes ago, Rome1122 said:

Thank you very much. I appreciate it alot. 

So do I need to send a new i751 form for the waiver with the letter?

I did not send a new i751, all I did was I sent a letter to amend my i-751, along with more evidence and divorce paper work. If your divorce is finalized , send the divorce decree and if not , the send the divorce petition and mention that you will be sending the divorce decree as soon as your divorce gets finalized.