How to fill out I-751 when pending divorce decree

[AbrilJoy 5]

Hello VJ !! 

If anyone knows how to fill out I-751 when you're still pending divorce, please share your knowledge with me!

 

I recently talked to an immigration lawyer, and he said this about Part 3. Basis for Petition, Waiver or Individual Filing Request (P.3):

I cannot check 1.d. "My marriage was entered in good faith, but the marriage was terminated through divorce or annulment.", but I have to check 1.g. "The termination of my status and removal from the United States would result in an extreme hardship".

Explain my intention to switch to Divorce Waiver on obtaining divorce decree, 

He said it's very easy, he does this all the time, but I've never read this on VJ.

 

When you filed with Waiver request, you fill N/A for the Spouse's Individual Statement and Contact Information part, I guess ?

 

Thanks!

[Tux_1987 2]

i haven't really gotten an answer other than " without the decree you are still married" on here so far. the stuff i keep reading though suggests that you can put the evidence that you filed in the package and USCIS will send you a request for further evidence for the actual divorce decree.

 

But if you talked to an immigration lawyer he could/should have told you what to put in there. Please keep me posted on what you find out. i'm about to send mine in with just that explanation and the filing evidence. Can't really wait since i screwed up on the expiration date and am half way into the 90 days to file.

[AbrilJoy 5]

20 hours ago, Tux_1987 said:

i haven't really gotten an answer other than " without the decree you are still married" on here so far. the stuff i keep reading though suggests that you can put the evidence that you filed in the package and USCIS will send you a request for further evidence for the actual divorce decree.

 

But if you talked to an immigration lawyer he could/should have told you what to put in there. Please keep me posted on what you find out. i'm about to send mine in with just that explanation and the filing evidence. Can't really wait since i screwed up on the expiration date and am half way into the 90 days to file.

Hi Tux,

 

I was told by 2 lawyers not to fill out " 1.d. "My marriage was entered in good faith, but the marriage was terminated through divorce or annulment." while divorce is pending. One lawyer said that on P.1 Marital Status 13, there's a place to fill out the date your marriage ended. And you cannot put anything in there because of course you haven't got a divorce decree. Another lawyer said if you check 1.d., it will get denied and you'll have to pay the fee again.

 

So all I know is that the lawyer's recommendation is to first check 1.g. "The termination of my status and removal from the United States would result in an extreme hardship", + explain clearly in cover letter that you are currently separated with USC spouse and your intention is to switch the category to 1.d. from 1.g. once you obtain a divorce decree.

 

I'm not a lawyer, and these are what I've heard. I think you need to consult to lawyer. I can give you the contact of this good lawyer I found. The office is in Ohio but I think they can support you nationwide. You can consult on a phone.  Let me know if I should PM you.

 

 

Please ask for help, as we are not sure about this!!

 

 

[AbrilJoy 5]

 

Hi VJ Community !!!

We ask for your experience knowledge !!!!!!!!

How did you fill out I-751 while you are waiting for divorce degree?