PLEASE HELP!!! I-751 pending and divorce

[mindthegap 2,611]

The USC spouse cannot withdraw the petition. They can withdraw themselves from the joint part of it, which is what they appear to have done.

You should be able to switch it to a divorce waiver - this is permitted and standard practice.

Worst case you have to file a new one, but see what the notification you get says first.

[santiagosilva 8]

  On 7/10/2019 at 4:52 PM, mindthegap said:

The USC spouse cannot withdraw the petition. They can withdraw themselves from the joint part of it, which is what they appear to have done.

You should be able to switch it to a divorce waiver - this is permitted and standard practice.

Worst case you have to file a new one, but see what the notification you get says first.

Expand  

This is what I was saying.

 

it doesn't sound right that he could cancel her i 751.

 

unless, as I said, he's forged her signature on a written withdrawal, or if one can do it over the phone, he pretended to be her. (This of course assuming they haven't changed the processes and the way the work, in the last 2-3 years since I applied for i 751 )

[longuscisprocess 27]

This is what it says online, he went to uscis office and wrote a letter in front of the clerk and handed to the clerk. Thats what he said. I guess i will just wait for now to see what the notice going to be

[kline19 102]

  On 7/10/2019 at 5:33 PM, longuscisprocess said:

This is what it says online, he went to uscis office and wrote a letter in front of the clerk and handed to the clerk. Thats what he said. I guess i will just wait for now to see what the notice going to be

Expand  

He had no legal right to withdraw the application unless he faked a request to withdraw on your behalf (which might have involved forging your signature)

 

I think you probably want to get in touch with a lawyer as soon as possible. If your 90 day window to apply for i751 has passed then this could trigger the process of sending you an NTA by uscis.

[santiagosilva 8]

  On 7/10/2019 at 5:33 PM, longuscisprocess said:

This is what it says online, he went to uscis office and wrote a letter in front of the clerk and handed to the clerk. Thats what he said. I guess i will just wait for now to see what the notice going to be

Expand  

see how it says "your request".

 

I would call and ask if that means "you" or a general "you". Because I think he called or sent a letter saying he was you.  As far as I know, only YOU can do that. IF i'm right, I'm thinking that he might've committed fraud of some sorts.  I would hire a lawyer to see about what could be done. You might have a bigger case than you think on your hand.

 

 

[SunflowerSweet 1,321]

My first thought was also that your spouse shouldn't have had the ability to just pull your petition like that, so I am glad to see others thought the same thing.

 

Though, if that's what your case status is reading, it's concerning. But I strongly echo the suggestions of other to get in contact with both USCIS and a lawyer. 

[mindthegap 2,611]

Wait and see what the letter says.

 

As I said, worst case, you have to file a new one.... however, if they have closed the whole thing based solely on the USC withdrawing from it, that is a HUGE no, and you can request it re-opened. Standard policy is to switch to a waiver filing from a joint, not cancel/deny and have to re-file.

Edited July 10, 2019 by mindthegap

[longuscisprocess 27]

ok, I want to update with you guys. I received a mail today telling my i751 have been withdrawn and USCIS will treat it like it was never filed. It says petitioning spouse submitted written notice requesting withdrawal, and it is a joint petition submitted jointly so it has been withdrawn. I spoke to few immigration lawyer and they suggested me to file entire new i751 based on waiver once I receive my final decree. The problem is I will have red flag on my case because my spouse withdrew the case. So, I will have my final decree soon and i will refile the case and wait for zillion more years i guess.

[Villanelle 4,122]

  On 7/12/2019 at 8:37 PM, longuscisprocess said:

ok, I want to update with you guys. I received a mail today telling my i751 have been withdrawn and USCIS will treat it like it was never filed. It says petitioning spouse submitted written notice requesting withdrawal, and it is a joint petition submitted jointly so it has been withdrawn. I spoke to few immigration lawyer and they suggested me to file entire new i751 based on waiver once I receive my final decree. The problem is I will have red flag on my case because my spouse withdrew the case. So, I will have my final decree soon and i will refile the case and wait for zillion more years i guess.

Expand  

Can you please post a picture of the letter with your info blacked out>?   Also if the majority opinion is that you should be able to fight the withdrawal are you interested in pursuing that or do you plan on just leaving it alone.?

[kline19 102]

  On 7/12/2019 at 8:37 PM, longuscisprocess said:

ok, I want to update with you guys. I received a mail today telling my i751 have been withdrawn and USCIS will treat it like it was never filed. It says petitioning spouse submitted written notice requesting withdrawal, and it is a joint petition submitted jointly so it has been withdrawn. I spoke to few immigration lawyer and they suggested me to file entire new i751 based on waiver once I receive my final decree. The problem is I will have red flag on my case because my spouse withdrew the case. So, I will have my final decree soon and i will refile the case and wait for zillion more years i guess.

Expand  

Wouldn't it be better to resend everything back to them with a letter attached stating clearly that as petitioner (that is you), you never assented to withdraw the case and therefore you are requesting USCIS to cancel the Withdrawal in the first place and switch your case to Divorce Waiver?

I751 is not a Joint Application. A spouse signature to show the marital status doesn't give the USC spouse any whatsoever equity into YOUR I751 case.

I am at a loss to the lawyer you talked to who saw no problem with this line of argumentation. 

[SunflowerSweet 1,321]

  On 7/12/2019 at 8:37 PM, longuscisprocess said:

ok, I want to update with you guys. I received a mail today telling my i751 have been withdrawn and USCIS will treat it like it was never filed. It says petitioning spouse submitted written notice requesting withdrawal, and it is a joint petition submitted jointly so it has been withdrawn. I spoke to few immigration lawyer and they suggested me to file entire new i751 based on waiver once I receive my final decree. The problem is I will have red flag on my case because my spouse withdrew the case. So, I will have my final decree soon and i will refile the case and wait for zillion more years i guess.

Expand  

The thing is, YOU are the petitioning spouse. If YOU didn’t send a written request in, what happened was wrong and possibly fraud. 

 

I’m shocked the lawyer didn’t suggest any avenue to try and fight this.

[longuscisprocess 27]

Here is the letter, and it says clearly that if one of the member withdraws than it could be withdrawn, since it is a joint petition. I was sure that my soon to be ex could do no harm to my case. But well, I was wrong. I will be refiling entirely new i751 next week I guess. 

[santiagosilva 8]

  On 7/15/2019 at 12:55 PM, longuscisprocess said:

Here is the letter, and it says clearly that if one of the member withdraws than it could be withdrawn, since it is a joint petition. I was sure that my soon to be ex could do no harm to my case. But well, I was wrong. I will be refiling entirely new i751 next week I guess. 

Expand  

I would hire a lawyer to read this, because "petitioner" in this paragraph, literally contradicts the word in the forms.

 

Also, as far as I read it, you should still be able to file your own, w a waver. Get a lawyer ASAP!!! You may only have a few days to file before the window closes. (If i'm reading it right . )

 

 

 

 

 

 

[jumbo mambo 4]

  On 3/6/2018 at 9:53 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

Expand  

your post is wrong .. 

you are not a  legal permanent resident- LPR 

rather  a conditional card holder....

 

now start again .............

 

NO he cant do anything to you. just dont sign anything for  divorce.... you can do that by yourself ,because you can prove that you entered the marriage with good intentions and you ll be approved... or if you had any you can file for DV .. ( domestic violence ) 

easyyyyyyyyy

Edited July 17, 2019 by jumbo mambo
miss

[jumbo mambo 4]

  On 7/10/2019 at 5:41 PM, kline19 said:

He had no legal right to withdraw the application unless he faked a request to withdraw on your behalf (which might have involved forging your signature)

 

I think you probably want to get in touch with a lawyer as soon as possible. If your 90 day window to apply for i751 has passed then this could trigger the process of sending you an NTA by uscis.

Expand  

YES  thats what he did and its criminal ....