i-751 filers with a divorce waiver

[APOLONIA 1]

Thanks for sharing your experience  My friend is also going through the same stress .

She divorced her husband recently after almost 3 years of marriage and has not claimed from her ex-husband. He is rich and doing very well . 

It was a good faith arranged marriage as per Indian tradition but didn't work .

 

Hope she will be able to lift condition from her greencard.

Thank you for sharing your experience .

If you could kindly share the Lawyer details who must have helped you in this regards.

Thanks

[littlefrench 8]

On ‎6‎/‎19‎/‎2018 at 2:13 PM, mindthegap said:

Unlikely...but you would be lying to USCIS which is not wise and can cause you massive issues further down the line, with a citizenship application for example.

 

You need to notify them. You can remain as a joint filing if you wish.

Should be noted that divorce is not grounds for denial -  filings are adjudicated on the evidence provided, whether joint or waiver.

Mindthegap I don't know who told you this but you are sharing a lot of wrong information.

Divorce IS ground for a denial if you filed the I-751 jointly. Once the divorce is finalized you MUST switch to a waiver. 

However, if you have separated and the divorce is not finalized yet, and your soon ex-spouse is willing to cooperate, you can still file jointly but in this case the presumption of bad faith is very high.

It's always advised to file the I-751 with a waiver if you decide to get divorced.

Edited July 26, 2018 by littlefrench

[mindthegap 2,590]

47 minutes ago, littlefrench said:

Mindthegap I don't know who told you this but you are sharing a lot of wrong information.

Divorce IS ground for a denial if you filed the I-751 jointly. Once the divorce is finalized you MUST switch to a waiver. 

However, if you have separated and the divorce is not finalized yet, and your soon ex-spouse is willing to cooperate, you can still file jointly but in this case the presumption of bad faith is very high.

It's always advised to file the I-751 with a waiver if you decide to get divorced.

 

Divorce is not a sole reason for denial of an I-751.

Divorcing after filing a joint I-751 but failing to request a waiver of the joint filing can lead to denial as the petition cannot proceed without it, but that is not the same thing. 

 

The fact remains that the underlying I-751petitions are adjudicated by USCIS on the evidence provided and divorce is not a sole reason for denial.

 

 

 

 

 

Of course, I have zero experience of a) multiple I-751s, b) divorce after filing jointly c) requesting a divorce waiver d) denial e) refiling, and I clearly have no idea what I am talking about, haven't amassed and delved through the detail of thousands of pages of relevant USCIS documents, anecdotal evidence and case law, and I enjoy sharing fake news and mis-information for fun.

 

 

 

 

 

[littlefrench 8]

1 hour ago, mindthegap said:

 

Divorce is not a sole reason for denial of an I-751.

Divorcing after filing a joint I-751 but failing to request a waiver of the joint filing can lead to denial as the petition cannot proceed without it, but that is not the same thing. 

 

The fact remains that the underlying I-751petitions are adjudicated by USCIS on the evidence provided and divorce is not a sole reason for denial.

 

 

 

 

 

Of course, I have zero experience of a) multiple I-751s, b) divorce after filing jointly c) requesting a divorce waiver d) denial e) refiling, and I clearly have no idea what I am talking about, haven't amassed and delved through the detail of thousands of pages of relevant USCIS documents, anecdotal evidence and case law, and I enjoy sharing fake news and mis-information for fun.

 

 

 

 

 

you just confirmed what I was saying. It's true that USCIS can't deny if the couple is just separated or has initiated divorce proceedings. But can deny a joint petition if the divorce is finalized before the interview.

Infact

[santiagosilva 8]

Was anyones case sent to a NBC center? (more specifically Lee's Summit MO )

 

 

[Audrey! 2]

On 4/18/2018 at 10:29 AM, zsuzsanna said:

Hello all who divorced while i-751 was pending,

 

I just wanted to write a little encouragement for all who need it. 

I filed the i-751 jointly with my then husband at the end of September of 2016. NOA was October 12, 2016. 

9 months later my husband left me and a few months later our divorce was final with no green card in sight. 

I amended my i-751 and switched to a divorce waiver in October 2017. And yesterday, I was approved without an RFE or an interview. YAY. 

 

I understand what an uncertain and fearful time this is in our lives. As if getting a divorce wasn't bad enough. I can't offer too much information on the divorce waiver other than how I did it, but we can surely encourage each other through this journey. I noticed that there are quite a few people who are filing with a divorce waiver and thought to start this group to offer information and encouragement to each other.  

 

Zsuzsanna

Thank you so much for sharing your success story. I am in your same situation and this gives me hope and much needed reassurance. Thanks again

[kerrydavid 2]

hi guys, i need ur help!! i was divorced too, and now im applying for the 10 yr gc through divorce waiver, my problem is, i dont have joint bank account, and none of the utility bills was under my name, i dont have yet the final certificate for my divorce but i have already the final papers that were signed by the judge,  what if my ex and I will just file jointly?  or its better to file on my own throught divorce waiver. thank u guys.  pls help.

[santiagosilva 8]

1 hour ago, kerrydavid said:

hi guys, i need ur help!! i was divorced too, and now im applying for the 10 yr gc through divorce waiver, my problem is, i dont have joint bank account, and none of the utility bills was under my name, i dont have yet the final certificate for my divorce but i have already the final papers that were signed by the judge,  what if my ex and I will just file jointly?  or its better to file on my own throught divorce waiver. thank u guys.  pls help.

You didn't ever have anything in both names?
did you NEVER have joint accounts, insurance, car tittles, etc..?

[kerrydavid 2]

i have car insurance and i have the paper that he transfered the car under my name as a wife, but thats all i have, but i have ids that same address in his address and joint tax return written as a wife.

[santiagosilva 8]

do you have any letters, email, b-day cards, fb messages texts that talks about you being in a real relationship?

[kerrydavid 2]

i have cards and some screen shots from our facebook together and pictures with family and friends.

[santiagosilva 8]

1 minute ago, kerrydavid said:

i have cards and some screen shots from our facebook together and pictures with family and friends.

As far as the consensus goes on these pages; if you can prove that the marriage was entered into in good faith, you don't always need ALL the other types of proof.

 

So if you had things from back when you first met, and throughout the marriage, you should be ok. As far as everyone says! 

[kerrydavid 2]

thank you, but what about if i remarried again and just get a new based visa?like spouse visa, or its better to apply on my own like through my divorce?

[santiagosilva 8]

8 minutes ago, kerrydavid said:

thank you, but what about if i remarried again and just get a new based visa?like spouse visa, or its better to apply on my own like through my divorce?

I would ask an immigration lawyer , but if i had to guess, i would put that you're married, but not to the person from whom you got the conditional GC from. And then, again, prove that THAT marriage was entered into in good faith. But this is just a guess. If you're remarried already and want to know about "starting from scratch", you should either ask at USCIS or a lawyer.

 

[kerrydavid 2]

thank you, i wasnt remarried yet, but im engaged and want to get married mybe next yr, my fiance told me to just wait til my gc expires and when we get married we will apply for a new gc. but im afraid mybe the uscis will think i only get married again just for me to stay here in u.s.,