PLEASE HELP!!! I-751 pending and divorce

[mcfrl 7]

Update: I am "officially" divorced. my ex filed an uncontested divorce, he got it finalized yesterday, and he call me to update me, since a copy of the divorce decree will be available within 10 days, I am now just waiting on getting this copy, to visit lawyer and move forward.

[SadGirlneedshelp 5]

On ‎3‎/‎6‎/‎2018 at 3:53 PM, cute-cactus said:

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

Like I said, our case status was just recently updated saying that our case will be transferred to a local office. My question is: What should I do now if I get an interview or if I don't?
Will they deny the 10 green card? Will I be deported? Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am scared, stressed and exhausted and I don't want to have any problem with the immigration. Is there anybody in my situation or who has been in my situation?

 

From my personal experience, husband wanting out of a happy marriage always posts a sign of infidelity. If that is the case, never trust them with anything. My ex also promised to wait until I get my 10-year GC. But I found out he took $40,000 out of bank account for unknown reasons and did not hesitate to proceed with the divorce 3 months later. I understand you may still love him and trust him and wouldn't believe they would lie to you or anything. But the truth is usually hard to accept. I would choose to move on with my life and do not rely on him. 

[indianshah 4]

Hello All,

 

I had read @Damara post on this forum about notifying USCIS about separation (not divorce) and decided to give a call to USCIS. Here's the update.

 

My wife moved out 3 weeks and we have different addresses now. However, we are not divorced yet. I called up the USCIS Customer Support  to notify about it. The agent put me on a brief hold and after discussing with her supervisor, came back and let me know me that I will have an interview and the details about the separation needs to be discussed then. Right now, apart from letting them know, there was no action item needed from my end.  I double-checked with her whether I will have an interview and she confirmed "YES".

[Villanelle 4,122]

Does your case status online show waiting for interview? 

 

Anyway nothing is 100% guaranteed. Because they have the option to approve w/o interview there is a chance (can be minuscule) but a chance they will waive the interview. Sometimes people are put in line for an interview and the office gets backlogged and they go through and approve some with no interview. 

 

Did you get the name of the phone rep who told you this? Write it down with the date and other relevant info. If you decide to do nothing and wait for the interview and then worst case it doesnt happen and you are approved you can send a letter to the service center explaining how you called and what you were told and by who and that they approved you while you were separated. It will get added to your file. They probably wont re-open it but it will be in your file for the n400 time so if theres any issues about it you are sorta covered.

[santiagosilva 8]

1 hour ago, indianshah said:

Hello All,

 

I had read @Damara post on this forum about notifying USCIS about separation (not divorce) and decided to give a call to USCIS. Here's the update.

 

My wife moved out 3 weeks and we have different addresses now. However, we are not divorced yet. I called up the USCIS Customer Support  to notify about it. The agent put me on a brief hold and after discussing with her supervisor, came back and let me know me that I will have an interview and the details about the separation needs to be discussed then. Right now, apart from letting them know, there was no action item needed from my end.  I double-checked with her whether I will have an interview and she confirmed "YES".

 

I'm in the same position (i 751 Feb 2017 filer / n 400 feb 2018 filer)   and the agent said the exact same thing.

 

HOWEVER,

She was adamant that these were still 2 different process, and that there would be 2 different interviews.  (this ties in with how ppl are saying they got combo interviews / processes / results )   I told her how ppl were talking about combo interviews on various forums . (  I didn't specify the pages nor the users) She insisted that there's no way that that's true.....?

 

 

Also, was anyone's case sent to a NBC center? (more specifically Lee's Summit MO)

 

 

//Santiago

 

 

[indianshah 4]

@DamaraThanks a lot! I feel good that I contacted USCIS and let them know about my current situation. It's certainly good to be transparent about the situation to avoid issues in the future. Unfortunately I don't remember the name of the agent I talked to, but have a record of the time and date.

[SAS007 5]

Hi there,

 

I am I'm exact same situation.

 

Filed in July 2017 for ROC. In June 2018 wife wants a divorce. I was hoping she would wait at least a few more months until visa was through but she was having none of it. We were married in total for 3.5 years, and I have been in the States for 3 years now (past the two year requirement) 

 

California requires a minimum of 6 months until decree is through. If I advise USCIS now they require evidence in 90 days. With that, I am potentially 3 to 6 months from approval and at minimum 6 months from divorce. There is no "pending" box when it comes to USCIS. You're either married or divorced. 

 

I spoke to TWO different lawyers to double check as I felt unsure on the first advice and here is what they advised:

 

- Do NOT let USCIS know as they will require evidence of the divorce which you won't have. Potentially means starting the whole process over again/deportation. 

- Only let USCIS know when you know you can provide the decree within 90 days of them asking.

- Get yourself a properly worded affidavit of support from spouse showing marriage was real and genuine (which I have). Lots of declarations online you can steal wording from - check its the correct wording for your particular State. 

- IF called for an interview, then come clean and bring a lawyer to argue the case that you are separated but not divorced. Therefore you did not advise USCIS as you felt they only want divorced applicants.The key is showing a bonafide marriage which I can easily do to prove I did not enter legally. Note while a divorce is pending, on mingled finances remain the same such as healthcare/beneficary etc. This is the law. 

- Both lawyers think I'll be approved without even an interview. But that's second guessing in my book. 

- In the midst of all this is a child, born in the US whom i miss loads and do not have access to as of now, half due to the divorce and playing nice to my partner to help with my immigration case. The thought of being deported and not seeing my son makes me feel physically sick to the stomach.  

 

USCIS really need to get a handle on these types of cases. Each case is unique and their backlog is causing the stress/pressure on people like myself and has effects on children involved too. I wish there was a simple policy that says "Please advise if pending a divorce and we will extend your greencard temporarily for this period until a decree can be provided". That's it - no drama. No issues. Instead we are all second guessing and playing a gamble whether we advise or don't advise knowing it will only cause us more issues. The stress I feel and no doubt others feel is simply unreal. We haven't done anything illegal and nor are we trying to. Its admin red tape which is the issue. 

[santiagosilva 8]

18 minutes ago, SAS007 said:

Hi there,

 

I am I'm exact same situation.

 

Filed in July 2017 for ROC. In June 2018 wife wants a divorce. I was hoping she would wait at least a few more months until visa was through but she was having none of it. We were married in total for 3.5 years, and I have been in the States for 3 years now (past the two year requirement) 

 

California requires a minimum of 6 months until decree is through. If I advise USCIS now they require evidence in 90 days. With that, I am potentially 3 to 6 months from approval and at minimum 6 months from divorce. There is no "pending" box when it comes to USCIS. You're either married or divorced. 

 

I spoke to TWO different lawyers to double check as I felt unsure on the first advice and here is what they advised:

 

- Do NOT let USCIS know as they will require evidence of the divorce which you won't have. Potentially means starting the whole process over again/deportation. 

- Only let USCIS know when you know you can provide the decree within 90 days of them asking.

- Get yourself a properly worded affidavit of support from spouse showing marriage was real and genuine (which I have). Lots of declarations online you can steal wording from - check its the correct wording for your particular State. 

- IF called for an interview, then come clean and bring a lawyer to argue the case that you are separated but not divorced. Therefore you did not advise USCIS as you felt they only want divorced applicants.The key is showing a bonafide marriage which I can easily do to prove I did not enter legally. Note while a divorce is pending, on mingled finances remain the same such as healthcare/beneficary etc. This is the law. 

- Both lawyers think I'll be approved without even an interview. But that's second guessing in my book. 

- In the midst of all this is a child, born in the US whom i miss loads and do not have access to as of now, half due to the divorce and playing nice to my partner to help with my immigration case. The thought of being deported and not seeing my son makes me feel physically sick to the stomach.  

 

USCIS really need to get a handle on these types of cases. Each case is unique and their backlog is causing the stress/pressure on people like myself and has effects on children involved too. I wish there was a simple policy that says "Please advise if pending a divorce and we will extend your greencard temporarily for this period until a decree can be provided". That's it - no drama. No issues. Instead we are all second guessing and playing a gamble whether we advise or don't advise knowing it will only cause us more issues. The stress I feel and no doubt others feel is simply unreal. We haven't done anything illegal and nor are we trying to. Its admin red tape which is the issue. 

 

 

 

That's so annoying! LITERALLY the person i spoke to at USCIS said the opposite!  

- not to say anything about separation or divorce , wait for interview and let them tell me that the application(s) are denied / canceled

- not to reach out to my wife (as she said not to reach out to her )

 

 

not to mention what others have written on other VJ posts.

 

and there's no way to reach out the specific person dealing with ones case!

 

 

so annoying!

 

 

 

[SAS007 5]

33 minutes ago, santiagosilva said:

 

 

 

That's so annoying! LITERALLY the person i spoke to at USCIS said the opposite!  

- not to say anything about separation or divorce , wait for interview and let them tell me that the application(s) are denied / canceled

- not to reach out to my wife (as she said not to reach out to her )

 

 

not to mention what others have written on other VJ posts.

 

and there's no way to reach out the specific person dealing with ones case!

 

 

so annoying!

 

 

Case in point. There is no official stance.

As someone commented earlier, the facts are: Were you married when you filed jointly? Were you in a bona fide marriage? If yes then you have met the requirements.

 

When you separated/divorced while a case is pending is really not a legal basis to deport you. Yes its annoying and will potentially cost you money to argue the case, but my lawyer feels there is nothing to worry about. 

 

Doesn't stop me worrying though! 

[santiagosilva 8]

1 minute ago, SAS007 said:

As someone commented earlier, the facts are: Were you married when you filed jointly? Were you in a bona fide marriage? If yes then you have met the requirements.

 

When you separated/divorced while a case is pending is really not a legal basis to deport you. Yes its annoying and will potentially cost you money to argue the case, but my lawyer feels there is nothing to worry about. 

 

Doesn't stop me worrying though! 

 

I know!  And then you hear horror stories from other who say "i got deported / denied cos i forgot/ didn't do this one detail in the past...."  .. and then you don't know who to believe !

 

 

and it seem not a lot of ppl post about the full process when it comes to this topic. i've looked all over the world wide interweb , and don't find a lot..OTHER than stories relating to clients for immigration lawyers.... and who knows if they're real cases? 

 

 

 

 

 

 

[SAS007 5]

1 minute ago, santiagosilva said:

 

I know!  And then you hear horror stories from other who say "i got deported / denied cos i forgot/ didn't do this one detail in the past...."  .. and then you don't know who to believe !

 

 

and it seem not a lot of ppl post about the full process when it comes to this topic. i've looked all over the world wide interweb , and don't find a lot..OTHER than stories relating to clients for immigration lawyers.... and who knows if they're real cases? 

 

 

 

 

 

 

Same. It's why I went with a second lawyer. I could not believe my ears when they said not to bother letting USCIS know as it will only complicate matters. 

 

I like to play it straight. If I'm going through a divorce I'd like USCIS to give me the option to say how it is and not make my life more stressful/nervous than it already is. My health has suffered for sure with both the immigration/divorce going through together. I would just love an official policy/clarity. It's pretty crazy when you think about it.

[Villanelle 4,122]

Guys-

 

I dont think there is any uncertainty about the laws and processes currently being used in these types of situations. Rather there are SO many variables that come into play. You have to look at it like its a flow chart. Every question is yes/no. Depending on your answers you will take a distinct path and there are plenty of choices you make that influences how things play out. No one will have the exact path you have- (so comparing info can cause confusion.) But the same policy guidelines apply to everyone.

 

So often there are posts made that say 'an attny told me xyz" and yes it does contradict things posted here and even other attny advice. But what you were told is true. In the crazy world of immigration it is possible for something to be true and contradict other true statements.  This is because the statement is often specific to the situation. It may only apply when certain conditions are met. Different situation- different conditions- different statements offered as advice.

-----------------------------------------

On 8/7/2018 at 6:28 PM, santiagosilva said:

 

I'm in the same position (i 751 Feb 2017 filer / n 400 feb 2018 filer)   and the agent said the exact same thing.

 

HOWEVER,

She was adamant that these were still 2 different process, and that there would be 2 different interviews.  (this ties in with how ppl are saying they got combo interviews / processes / results )   I told her how ppl were talking about combo interviews on various forums . (  I didn't specify the pages nor the users) She insisted that there's no way that that's true.....?

 

 

Also, was anyone's case sent to a NBC center? (more specifically Lee's Summit MO)

 

 

//Santiago

 

 

You filed ROC and n400. They are two separate processes. They both require an interview however ROC can waive it. A combo interview does not technically exist. There is no code for it/no policy officially they do not offer combos. In reality if you have a ROC and N400 going at the same time and they both end up in the local office- the local office can and often does schedule you for an interview and conducts both the ROC and the N400 at the same time/consecutively/etc/ So it is called a combo interview.

 

1 hour ago, SAS007 said:

Hi there,

 

I am I'm exact same situation.

 

Filed in July 2017 for ROC. In June 2018 wife wants a divorce. I was hoping she would wait at least a few more months until visa was through but she was having none of it. We were married in total for 3.5 years, and I have been in the States for 3 years now (past the two year requirement) 

The two years starts when you get the GC not when you married.

1 hour ago, SAS007 said:

 

California requires a minimum of 6 months until decree is through. If I advise USCIS now they require evidence in 90 days. With that, I am potentially 3 to 6 months from approval and at minimum 6 months from divorce. There is no "pending" box when it comes to USCIS. You're either married or divorced. 

They require evidence 87 days from the date they ask.  You already filed ROC. Your case is sitting waiting to be processed. If you send a letter it will get attached to your file. Someone may pick it (your case file) up quickly or it may sit until its gotten to. Whenever they get to it and read the letter they will send the RFE and the 87 day clock starts.

 

The process is horrible. You have no way of knowing when the clock will start so you have to look at how long the case has been pending, others reported timeframes and how much time you need.

 

1 hour ago, SAS007 said:

 

I spoke to TWO different lawyers to double check as I felt unsure on the first advice and here is what they advised:

 

- Do NOT let USCIS know as they will require evidence of the divorce which you won't have. Potentially means starting the whole process over again/deportation. 

Yes- USCIS will ask for the final decree. Will you have it? Maybe. Depends when they ask. Yes- in some cases you have to reapply for the 751. (I dont see you on that path) Yes- you can end up in removal proceedings but I dont see that for you either.

 

1 hour ago, SAS007 said:

- Only let USCIS know when you know you can provide the decree within 90 days of them asking.

This is the only way to be 100% sure you will have it when asked. However if you wait too long you risk them approving you with out knowing. This can cause future complications. 

1 hour ago, SAS007 said:

- Get yourself a properly worded affidavit of support from spouse showing marriage was real and genuine (which I have). Lots of declarations online you can steal wording from - check its the correct wording for your particular State. 

Sure if you are going to use your ex's statement- do it the best you can. Deciding to submit their statement or not include one is a personal choice specific to your situation. There are potential risks of submitting it and potential pros. 

1 hour ago, SAS007 said:

- IF called for an interview, then come clean and bring a lawyer to argue the case that you are separated but not divorced. Therefore you did not advise USCIS as you felt they only want divorced applicants.The key is showing a bonafide marriage which I can easily do to prove I did not enter legally. Note while a divorce is pending, on mingled finances remain the same such as healthcare/beneficary etc. This is the law. 

I find this wording amusing. "argue the case"... um argue with who? No argument is needed. If an interview is scheduled you have a few options. You can BOTH attend (this only applies if you do not have a final decree yet)- you both attend and request to stay in the joint petition. You will both be interviewed and a decision made. Or you can go alone. If you have the decree you give it to them and they switch you to a waiver right then and there and you are interviewed and a decision made. If you dont have the decree they will send you home and youll get an RFE asking for the decree in 87 days. 

 

1 hour ago, SAS007 said:

- Both lawyers think I'll be approved without even an interview. But that's second guessing in my book. 

- In the midst of all this is a child, born in the US whom i miss loads and do not have access to as of now, half due to the divorce and playing nice to my partner to help with my immigration case. The thought of being deported and not seeing my son makes me feel physically sick to the stomach.  

 

USCIS really need to get a handle on these types of cases. Each case is unique and their backlog is causing the stress/pressure on people like myself and has effects on children involved too. I wish there was a simple policy that says "Please advise if pending a divorce and we will extend your greencard temporarily for this period until a decree can be provided". That's it - no drama. No issues. Instead we are all second guessing and playing a gamble whether we advise or don't advise knowing it will only cause us more issues. The stress I feel and no doubt others feel is simply unreal. We haven't done anything illegal and nor are we trying to. Its admin red tape which is the issue. 

Oh my... Im sorry for what you are going through. You dont need to 'play nice' with your spouse. The laws are designed to protect the immigrant in the process and prevent the USC or other parties from using it as blackmail. Also immigration status is NOT considered in family court.

[santiagosilva 8]

@Damara   i think we're all on the same page here, it's just that it's easy to second guess what one heard. Especially since a person giving one piece of info, will be adamant that THEIR info is the right one, and spend days posting back and forth about how THEY'RE right, and the other person saying the opposite is wrong.

And since you can't often scrutinize ppl just from posts on a social media platform, it just plants that one seed in your brain.

-"Maybe i'm in the same boat? I mean, i did forget to flush this morning... i wonder if they'll hold that against me...? "   u know '?

 

 

but tbh, i haven't found a lot of ppl who posted their full story, past filing for the i 751 waver. that could be because

1.) ppl were denied , and were too embarrassed to share their stories.

2.) they felt so relieved after getting a yes, that they forgot about everyone else still in the trenches .

 

 

I'd be interested to know what they'd ask in such a situation. Or if the other party doesn't want to collaborate anymore.. or simply tells lies..... ?

 

Me personally, i have (what i feel ) is proof, incl financial, pix, communication, letters from ppl, etc... that i THINK, i should be good.... but i'd still be interested in knowing what they'll ask me . You know?

 

 

 

[Villanelle 4,122]

Yes often people dont come back to update. It stinks but thats how it is.. 

 

Very few people are denied ROC. Occasionally someone will post published statistics. Its a low percent and many of them are just technical denials for not having the divorce decree, also they include withdrawls.

 

Every interview is going to be different based on the situation, proof submitted and your ability to answer questions satisfactorily. If you file as a waiver (or switch to one) then your spouse is no longer included in the process. They can not and will not call or interview your spouse simply because you have a waiver ROC pending. IF you submit an affidavit from your spouse then USCIS is allowed to speak with them to verify the contents. The same is true for ANYONE that you submit an affidavit from. Its incredibly rare for USCIS to reach out to affidavit writers though.

 

If your spouse is so inclined (for whatever reason) to submit a letter to USCIS about you to try to influence your ROC negatively there is nothing you can do about it. It is also something not to be worried about. USCIS understands things dont always end well so they consider the motivations of such a unsolicited letter and they often end up 'trashed'. 

 

Unless you have something that you are hiding theres nothing to worry about.

 

Some interviewers just review basic info and make chit-chat. Some go over various documents. Some ask for more documents. Most of the questions are focused on dates. Know your dates. Depending on what they are different questions will come up. If it was a short marriage- you separated soon after getting the GC- etc. Know your timeline. There are no 'wrong' answers. It is how it is. The best thing you can do is be honest. Write out a timeline if it helps. Think long and hard and honestly what happened and when it happened. 

 

You may be able to find more specific interview experiences by searching and reading reviews on here.

[santiagosilva 8]

Any updates on anyone's case?