i-751 filers with a divorce waiver

[santiagosilva 8]

12 hours ago, kerrydavid said:

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.,

And as i said , i would ask USCIS or an immigration lawyer. But if i've understood the "philosophy" of immigration via marriage ; the marriage with which you obtained your visa(s) is the one that counts, and that you have to prove was real. I.e. in theory, even if you've gotten married 1000x after that marriage, doesn't matter. As long as you can prove that the one that gave you the visa(s), was genuine.

Then of course the question becomes "what is proof?", and if you don't have it, "why don't you have proof of having been in a real relationship, if it in fact was real?". but that's the next step, and could involve you going to several interviews, and sending several pieces of evidence, and still not being believed by the person making the decision.

[kerrydavid 2]

thanks, the only thing im worried is we dont have a bank account as a joint and no properties as well coz we only been married fro 1 year, but the rest lile joint tax, insurance, i can provide that and some pictures together. 

[santiagosilva 8]

and in your case, it might come down to where they say "but you weren't married for 2 years, that's the minimum in order to even qualify for ROC, UNLESS , all these other things apply, such as ... bantered spouse, deceased USC, hardship if you return to your country of origin etc etc etc ........."  .  i would recommend talking to an immigration lawyer or USICS

[Villanelle 4,122]

@kerrydavid- when someone says they dont know the answer theres no point in continuing to ask them. Someone will eventually come along and answer you...

 

Anyway- Once you have a conditional GC you MUST complete ROC successfully OR abandon your status (return overseas) / have it denied. So its either has to be approved or denied/surrendered. You CAN NOT simply let the card expire and file AOS through a new spouse. 

You probably have more evidence then you realize. Look through the ROC threads for ideas of what people sent. See what you have. Then you choose if you want to pay and file and wait 15-19 months for it to be approved or leave the US and surrender your GC. If you surrender your GC and then immediately file for a new spousal visa they will ask you about your previous marriage as it would appear you opted to not prove it bonafide and lose the status. This wont prevent you from getting the spousal visa but it can delay you with RFEs and extra time in AP. 

[Char2424 4]

Hi,

freaking out a little bit.

 

I met my now wife in 2014. We married in November 2016 and I got my greencard in August 2017. We lived happily together in a house with her two kids whom I love very much. I was happily married (for the most part), until I discovered she had cheated on me, and procceeded to go on a two week drinking/drug/ cheating binge, leaving me behind. At the end of the weeks, one of her good friends confronted her and she realized she needed help. I took her to an inpatient rehab center, and I stayed home with her two kids, taking care of everything, hoping things would get better. 

When she came home, she was sober and motivated to stay sober, but ofcourse things weren't the same. I tried working on things, still loving my wife to pieces. Then I discovered she also cheated on me while being in rehab and continued to have a relationship with that person (through letters). That's the day I decided to move out. Since then, we have been in touch, for the kids, trying te reconcile, and even gone to marriage counseling. But at the end of the day she says she does not want to be with me. She says she loves me, but is not infatuated with me anymore (this is another story, that makes me mad). 

She agreed to stay married to me until I could get my conditions removed... but it is becoming a burden, as my financials have suffered because of her... she is a complete different person I once knew. 

 

I don't know what to do at this point. File for a divorce? And get a waiver? Or stick it out... even though we wouldn't have good proof of the last 5 months of us being in a happy marriage... 

I am terrified of losing my stepkids... I love them and still have a great relationship with them. I just dont know what to do. And/or what my changes are of getting the waiver approved. I know we entered the marriage in good faith. There is plenty of proof (proof we also used when filing for the greencard). My family came for the wedding, I have a great relationship with her family, and her kids. I also know that almost everyone would testify for me about her wrong-doing. 

Man, it just sucks that not only I'm going through this rough time in my life, on top of it I have to be worried about immigration...

 

Any words of wisdom or encouragement would be welcome.

[kerrydavid 2]

thank u @Damara  and @santiagosilvafor the advice,  i think its best for me to file for a waiver and see what happens, its not in my hands anymore,  I put in Gods hands whatever the outcome will be, but i really got married in good faith, i will try to call uscis and also ask immigration atty what can they advice me in my situation. thank u.

[Jubilant Judy 6]

Hi everyone, filling out my I-751 divorce waiver. My divorce is not yet finalized so I'm not sure what to fill out in the Date of Divorce box (#13). Anyone been through this and know what to write? Google has been so helpful thusfar, just stumped on this one thing. I know how particular they want things.

[APOLONIA 1]

On 6/19/2018 at 9:07 PM, lissatt89 said:

I am in the same boat now. Divorce is not final yet but I think it will in the next two weeks. Should I notify USCIS right away as soon as I have my divorce decree or should my lawyer do it? Also, for some reason my case was put on hold because of pending security check. I also filed October 2016 and I kinda believe they lost my stuff. Do you have to submit all evidence again with the divorce decree and your statement that you want to switch to a waiver? Luckily my husband and me are still in good terms and are trying to work things out but he's firm on getting divorced which is super frustrating  

Dear Member 

Can you share your lawyer address please. We do have the same situation and don't know how to move forward.  Your help is appreciated.

Thanks in advance

[Jehua 3]

I have a question.

i file i-751 wavier before our two year anniversary while pending divorce paper. We married October 10, 2015 and we divorced in October 5 2018. We have two kids in this marriage.

am i eligible to apply for citizenship?

 

[Jubilant Judy 6]

Have you all heard about the new rules as of September 2018? Incomplete or incorrect submissions can be denied on the spot without the adjucations officer requesting an RFE. Now I'm not sure if I should wait,into file with divorce waiver, my divorce is pending but my 2 yr GC expires before the divorce will be finalized. Hmm 

[indianshah 4]

I’m looking for some help here. My wife and I are going through a divorce and I’ll be filing a divorce waiver as soon as I have the final decree. I’m on a family mobile  plan with her and her parents, however I can’t get the historical bills because only she knows the passcode for the AT&T account. She said she’ll not provide them and I called up AT&T and they let me know that they can’t do anything without the passcode. Has anyone dealt with a similar situation? If so, please advice. 

 

Thanks!

[Jubilant Judy 6]

26 minutes ago, indianshah said:

I’m looking for some help here. My wife and I are going through a divorce and I’ll be filing a divorce waiver as soon as I have the final decree. I’m on a family mobile  plan with her and her parents, however I can’t get the historical bills because only she knows the passcode for the AT&T account. She said she’ll not provide them and I called up AT&T and they let me know that they can’t do anything without the passcode. Has anyone dealt with a similar situation? If so, please advice. 

 

Thanks!

This is abuse. Did you tell your lawyer? If you married for love and sacrificed so much to be with her, she is putting you in a precarious situation by not cooperating and denying you information you need to maintain status.

[indianshah 4]

32 minutes ago, Jubilant Judy said:

This is abuse. Did you tell your lawyer? If you married for love and sacrificed so much to be with her, she is putting you in a precarious situation by not cooperating and denying you information you need to maintain status.

I haven’t talked to my lawyer yet. Let me talk to the lawyer and see if there’s anything I can do in this situation. Meanwhile, I was trying to see if there’s any way I can get the bills for the number registered on my name from AT&T. Worst case I can only produce emails from her stating that she can’t give the phone bills,  though I had paid for it every month only because I’m on a family plan with her.

[Jubilant Judy 6]

2 minutes ago, indianshah said:

I haven’t talked to my lawyer yet. Let me talk to the lawyer and see if there’s anything I can do in this situation. Meanwhile, I was trying to see if there’s any way I can get the bills for the number registered on my name from AT&T. Worst case I can only produce emails from her stating that she can’t give the phone bills,  though I had paid for it every month only because I’m on a family plan with her.

Yes definitely keep communication on email and maintain paper trail for proof. 

[Villanelle 4,122]

6 hours ago, Jubilant Judy said:

This is abuse. Did you tell your lawyer? If you married for love and sacrificed so much to be with her, she is putting you in a precarious situation by not cooperating and denying you information you need to maintain status.

Not giving your soon to be ex-spouse cell phone records is NOT ABUSE. Is it nasty and vindictive? Yes. But it is not abuse. 

 

Im also not sure why you are advising him to 'keep a document trail' ??

 

He can ask his attny to try to negotiate it into the divorce but its really not that big of a deal. All he has to do is submit a statement explaining how he was on her family cell plan from x date until y date and that the account was under her name and he can not access the records. Honestly cell phone records or lack thereof are not going to be the deciding factor. Everyones packet is unique in terms of evidence- as long as he has a well rounded packet not having call records isnt an issue.