PLEASE HELP!!! I-751 pending and divorce

[longuscisprocess 27]

  On 7/17/2019 at 5:25 AM, santiagosilva said:

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 . )

 

 

 

 

 

 

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Yes, one of the lawyer told to file all over again, and the other one told to send a waiver. I am really confused because I think there are very few cases like this and these lawyer have no idea what to do. In the letter, it also says once its withdrawn it cannot be retracted, and it says it cannot be considered joint petition. I dont know what am i suppose to do. My court day for divorce is next week, and I am planning to go local uscis on the same day. See what they say. They do not accept infopass, i hope I will be able to speak with someone and get answer. Right now, I have prepared new I-751 with all the evidences. But I am not sure if I should file entire new package with new fees, new evidence or just the waiver with decree. Lawyers giving mixed answer.

[SunflowerSweet 1,321]

  On 7/17/2019 at 3:34 PM, longuscisprocess said:

Yes, one of the lawyer told to file all over again, and the other one told to send a waiver. I am really confused because I think there are very few cases like this and these lawyer have no idea what to do. In the letter, it also says once its withdrawn it cannot be retracted, and it says it cannot be considered joint petition. I dont know what am i suppose to do. My court day for divorce is next week, and I am planning to go local uscis on the same day. See what they say. They do not accept infopass, i hope I will be able to speak with someone and get answer. Right now, I have prepared new I-751 with all the evidences. But I am not sure if I should file entire new package with new fees, new evidence or just the waiver with decree. Lawyers giving mixed answer.

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I hope you can find a lawyer who knows what he is doing. This case has a really shady feel to it. I’m still very confused on the letter’s justification of withdrawing the petition.

Edited July 17, 2019 by MorganandMichael

[longuscisprocess 27]

  On 7/17/2019 at 4:20 PM, MorganandMichael said:

And you’ve verified that this letter is a legitimate corespondent from USCIS, correct? I know the format looks nothing like anything I’ve ever seen received from them. And again, it really doesn’t make sense that you are being told the petitioner pulled the plug on the process since that’s you.

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Yes, It it from USCIS. I covered the barcode when I posted here. I called USCIS the other day and he tells me you should get a lawyer. I have called them today and right now waiting for tier 2 officer to call me back which will be after 226 minute 🙄. I will update what he says. I am also planning to go visit local uscis office next week with my final decree in hand, and ask them what can I do. Meanwhile, I am preparing for whole new I751 too, because idk which path I should take. 

[mindthegap 2,611]

Have a new I-751 package with evidence prepared, with the waiver box ticked ready to go.

The second you have your final decree in hand, get it photocopied, stick it in the package, and fedex it next day to USCIS.

 

You remain a LPR, you are permitted to file late with a waiver without explanation, so don't worry too much. I can say this having been through something not entirely a million miles away from this...

 

 

Now, what you DO need to do, after filing this new I-751, is get to the bottom of this BS, as they have not followed their own standard procedure. 

Edited July 17, 2019 by mindthegap

[longuscisprocess 27]

  On 7/17/2019 at 5:11 PM, mindthegap said:

Have a new I-751 package with evidence prepared, with the waiver box ticked ready to go.

The second you have your final decree in hand, get it photocopied, stick it in the package, and fedex it next day to USCIS.

 

You remain a LPR, you are permitted to file late with a waiver without explanation, so don't worry too much. I can say this having been through something not entirely a million miles away from this...

 

 

Now, what you DO need to do, after filing this new I-751, is get to the bottom of this BS, as they have not followed their own standard procedure. 

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I just spoke with another lawyer. She tells me to file waiver with divorce until I read her withdrawal letter last sentence. It says i-751 never been filed. Than she says to file complete new application.

[mindthegap 2,611]

  On 7/17/2019 at 5:20 PM, longuscisprocess said:

I just spoke with another lawyer. She tells me to file waiver with divorce until I read her withdrawal letter last sentence. It says i-751 never been filed. Than she says to file complete new application.

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Which is exactly what I said..... prepare it, get it ready, and get it sent as soon as the final divorce is in hand.

 

There is a misconception that the waiver is something that is filed or extra - it isn't, it is just the box on the form (or if already filed, a simple letter noting the switch).

[longuscisprocess 27]

  On 7/17/2019 at 9:02 PM, mindthegap said:

Which is exactly what I said..... prepare it, get it ready, and get it sent as soon as the final divorce is in hand.

 

There is a misconception that the waiver is something that is filed or extra - it isn't, it is just the box on the form (or if already filed, a simple letter noting the switch).

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Yeah, also spoke with the officer. He said my previous i-751 file is closed. So, next week I will be filing entirely new packet. Only the difference will be that single file check mark. Phew! Your profile shows you filed twice too? can I ask the reason?

[longuscisprocess 27]

  On 7/17/2019 at 9:02 PM, mindthegap said:

Which is exactly what I said..... prepare it, get it ready, and get it sent as soon as the final divorce is in hand.

 

There is a misconception that the waiver is something that is filed or extra - it isn't, it is just the box on the form (or if already filed, a simple letter noting the switch).

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Nevermind. I did not see the hide content. Read it. Thats a lot of stress to handle. USCIS can give you depression

[longuscisprocess 27]

Update on my case: Finalized the final decree, sent whole new waiver based package today with another filing fee. Will see what they say after receiving. Waiting for years now. AGAIN.

[InhaleExhale 28]

  On 7/24/2019 at 6:50 PM, longuscisprocess said:

Update on my case: Finalized the final decree, sent whole new waiver based package today with another filing fee. Will see what they say after receiving. Waiting for years now. AGAIN.

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What happened meanwhile and what is the current status?

Have you ever found out if the withdrawal of your first I 751 by your husband was handled correctly?

[longuscisprocess 27]

  On 12/31/2019 at 7:10 AM, InhaleExhale said:

What happened meanwhile and what is the current status?

Have you ever found out if the withdrawal of your first I 751 by your husband was handled correctly?

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My first I751(jointly filed april 2018) was withdrawn by USC-ex spouse. Filed second based on waiver after receiving final divorce decree, received another extension letter, stamped my passport 3 weeks ago, waiting continues.

[InhaleExhale 28]

  On 12/31/2019 at 2:01 PM, longuscisprocess said:

My first I751(jointly filed april 2018) was withdrawn by USC-ex spouse. Filed second based on waiver after receiving final divorce decree, received another extension letter, stamped my passport 3 weeks ago, waiting continues.

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Yes, that is what I was wondering about: I read through the entire thread and many eyebrows were raised regarding your ROC petition being completely withdrawn by USCIS. Was this handled correctly? It appears so..?

That means that USCIS has to dismiss a joint ROC petition when the USC spouse withdraws? Instead of giving the alien spouse the option to switch to divorce waiver they have to dismiss the entire petition?

Edited December 31, 2019 by InhaleExhale

[longuscisprocess 27]

  On 12/31/2019 at 8:37 PM, InhaleExhale said:

Yes, that is what I was wondering about: I read through the entire thread and many eyebrows were raised regarding your ROC petition being completely withdrawn by USCIS. Was this handled correctly? It appears so..?

That means that USCIS has to dismiss a joint ROC petition when the USC spouse withdraws? Instead of giving the alien spouse the option to switch to divorce waiver they have to dismiss the entire petition?

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I don't know if this was handled properly or not. I inquired about it and took big stress on it, I could file a motion but that would instead delay my case, it was better to re-file the entire case. When i went for the stamp for my passport, I spoke with one of the officer. He told me, if it was joint than USC also has right to withdraw his signature. At this point, I have a stamp on my passport and I am working, I am out of exhausted relationship. All I can do it wait for approval or interview. I am not taking any more stress about it, looking forward for the best new year

[InhaleExhale 28]

  On 12/31/2019 at 10:46 PM, longuscisprocess said:

I don't know if this was handled properly or not. I inquired about it and took big stress on it, I could file a motion but that would instead delay my case, it was better to re-file the entire case. When i went for the stamp for my passport, I spoke with one of the officer. He told me, if it was joint than USC also has right to withdraw his signature. At this point, I have a stamp on my passport and I am working, I am out of exhausted relationship. All I can do it wait for approval or interview. I am not taking any more stress about it, looking forward for the best new year

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You have an awesome attitude  I hope all will go great for you!

[Mandysahota 3]

Hi,

 

I am married to USC for 3.5 years now. I have to apply for ROC in April, GC is expiring in July. I moved to States in July 2018, in May 2019 husband and I had an argument. Since then till now he is living at his parents and I’m living at our marital house (been 9 months). We are still married. He is ready to file joint petition and go to interview but I’m so confused how to go about it. He wants divorce soon too. Should I go for joint petition or it’s better to get divorce and file with a waiver? Any help @mindthegap. @Villanelle