PLEASE HELP!!! I-751 pending and divorce

[santiagosilva 8]

44 minutes ago, hval1981 said:

Oh okay, but you know my situation right? We were together and filled jointly and now while waiting the roc we got divorced and we got the decree, so not sure what to notify here... or how to do the waiver... 

i'm in the exact same situation, as are a lot of ppl here. I met " sadgirlneedshelp" on VJ, and she was in the exact same situation.

I know she now has her GC, and isn't as active on VJ, but you could reach out to her and see if she'd have advise for you.

 

 

[santiagosilva 8]

did anyone send in a waver after having sent initial i 751?

if so, did you pay the fee again / send in more evidence?   

 

I'm sure this has been asked in the past, and on 100000s of forums, I'm just to exhausted to start weeding through messages.

[mindthegap 2,610]

You do not have to file again or pay any fee to switch a joint filing to a solo waiver filing.

[santiagosilva 8]

3 minutes ago, mindthegap said:

You do not have to file again or pay any fee to switch a joint filing to a solo waiver filing.

So i do nothing? just wait?

[longuscisprocess 27]

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

Hello everyone, 

 

I need some help with my situation. I can't find any good information so I hope some of you can help me. I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:
- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing m eas the beneficiary
- Copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

 

I received in May 2017 the Notice of Action Form I-797C for my biometric appointment, and I did my biometric appointment in June 2017. 

 

We had an update on our case status on March 5th 2018 saying that our case will be transferred to a local office. 

 

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?

 

Thank you

What happened to your case? were you approved with waiver?

[SunflowerSweet 1,321]

I would also like to know how any of these cases worked out. 

[santiagosilva 8]

Just got appointment letter... jul 22 in msp... even thou my field agent in fargo said I'd do it with him in fargo....?

[longuscisprocess 27]

Hello everyone, I know this group is silent from a while. But I really need help here. I filed joint petition and we got separated. I filed for divorce and I dont have divorce decree in my hand yet. Today I got a notification that my soon to be ex husband withdrew my petition. I called uscis and tier 2 officer spoke with me. He says someone wrote a letter to uscis(husband) telling to withdraw the form. Now my online account tells my case has been withdrawn and to wait until i receive my withdrawn acknowledgement notice. Is there someone like me? what will happen to my case now. I will receive my final decree in two weeks. I was thinking to sent the decree and to change into waiver once i receive the final decree. What can I do now. Please help.

[santiagosilva 8]

9 hours ago, longuscisprocess said:

Hello everyone, I know this group is silent from a while. But I really need help here. I filed joint petition and we got separated. I filed for divorce and I dont have divorce decree in my hand yet. Today I got a notification that my soon to be ex husband withdrew my petition. I called uscis and tier 2 officer spoke with me. He says someone wrote a letter to uscis(husband) telling to withdraw the form. Now my online account tells my case has been withdrawn and to wait until i receive my withdrawn acknowledgement notice. Is there someone like me? what will happen to my case now. I will receive my final decree in two weeks. I was thinking to sent the decree and to change into waiver once i receive the final decree. What can I do now. Please help.

 

He withdrew YOUR i 751?  That doesn't sound possible, as you're the applicant for the i 751. I.e it's YOUR application, NOT his. You can even apply without him present.  Unless he forged your signature or something to that effect. 

 

Does anyone know about this?

[longuscisprocess 27]

6 hours ago, santiagosilva said:

 

He withdrew YOUR i 751?  That doesn't sound possible, as you're the applicant for the i 751. I.e it's YOUR application, NOT his. You can even apply without him present.  Unless he forged your signature or something to that effect. 

 

Does anyone know about this?

Yes, I am the beneficiary and petitioner but it is a joint petition. So one of us can withdraw it. He said, he went to uscis office and wrote a letter in front of the clerk and gave it to him. Now my case is withdrawn. I dont know what to do now.

[dumiduda1990 19]

16 hours ago, longuscisprocess said:

Hello everyone, I know this group is silent from a while. But I really need help here. I filed joint petition and we got separated. I filed for divorce and I dont have divorce decree in my hand yet. Today I got a notification that my soon to be ex husband withdrew my petition. I called uscis and tier 2 officer spoke with me. He says someone wrote a letter to uscis(husband) telling to withdraw the form. Now my online account tells my case has been withdrawn and to wait until i receive my withdrawn acknowledgement notice. Is there someone like me? what will happen to my case now. I will receive my final decree in two weeks. I was thinking to sent the decree and to change into waiver once i receive the final decree. What can I do now. Please help.

Did you have NOA that extends your status for 18 months?

 

I am guessing the withdrawn acknowledgement notice would tell you what the next steps are, hopefully it will arrive soon! Either way I think you should be able to file a new application with a divorce waiver, regardless if you have the decree or not, and send the decree when you have it. It takes a while for USCIS to process the application and by the time they touch yours, hopefully you will have the decree in hand when they send you an RFE.

 

I'm so sorry for your situation. I filed jointly and am not in the middle of a divorce too. It's a terrible thing to go through itself, let alone on top of the immigration drama. I wish you best luck, hang in there!

[longuscisprocess 27]

1 minute ago, sherriJoy said:

Did you have NOA that extends your status for 18 months?

 

I am guessing the withdrawn acknowledgement notice would tell you what the next steps are, hopefully it will arrive soon! Either way I think you should be able to file a new application with a divorce waiver, regardless if you have the decree or not, and send the decree when you have it. It takes a while for USCIS to process the application and by the time they touch yours, hopefully you will have the decree in hand when they send you an RFE.

 

I'm so sorry for your situation. I filed jointly and am not in the middle of a divorce too. It's a terrible thing to go through itself, let alone on top of the immigration drama. I wish you best luck, hang in there!

Yes I do have 18 months extension letter. The problem is, should I file entire new i751 with new fees, and all the evidences again or should i just file the waiver. I am confused because  my case is withdrawn it means it has been closed i think. So Idk what will my next step be. The tier 2 officer told me to hire a lawyer 😐

[dumiduda1990 19]

5 minutes ago, longuscisprocess said:

Yes I do have 18 months extension letter. The problem is, should I file entire new i751 with new fees, and all the evidences again or should i just file the waiver. I am confused because  my case is withdrawn it means it has been closed i think. So Idk what will my next step be. The tier 2 officer told me to hire a lawyer 😐

 

I would wait to see what the withdrawn notice says. Many lawyers have free consultations, maybe it doesn't hurt to try those before you decide to go with a lawyer or not.

[longuscisprocess 27]

10 minutes ago, dumiduda1990 said:

 

I would wait to see what the withdrawn notice says. Many lawyers have free consultations, maybe it doesn't hurt to try those before you decide to go with a lawyer or not.

yes, by the time i will have my withdrawn notice, i will have my final divorce decree to. I might meet with few lawyer those do free consultation i guess

[dumiduda1990 19]

1 hour ago, longuscisprocess said:

yes, by the time i will have my withdrawn notice, i will have my final divorce decree to. I might meet with few lawyer those do free consultation i guess

That sounds a good place to start  Again, good luck! Keep us updated