filed for divorce and adjusting i751 to waiver, what are my chances?

[togur 0]

i filed for divorce after my wife was cheating on my and my marriage fell apart.  I have retained an immigration lawyer to deal with USCIS for me since i am paranoid about screwing up my paperwork. 

 

I cant find any statistics on i-751 waivers acceptance/denials, they seemed to be all merged in all i-751s.

 

I've been in the US from the UK for almost 7 years now, have a life, a career everything. I'm trying not to be too paranoid about switching from joint to a waiver so i'm trying to search for information that would make me sleep easier at night.  

 

My wife and i were married for a little over 4 years, i-751 RoC has been pending for almost 2 years now (as i filed N400 they seemed to have been combined and moved to the N-400 priority date). I am obviously withdrawing my N400 now until i am eligible to file myself. 

 

So far evidence i have managed to accrue on short notice:

 

• - Joint house deeds
• - Joint home insurance 2014/15/16/17
• - Joint property tax appraisals 15/16/17/18
• -  Joint Taxes 14/15/16 (filed a joint deadline extension for 2017).
• - W-2s for 14/15/16/17 show our joint address.
• - Various bills like gas, water, electricity, cable, HOA
• - Joint car insurance 2014/15/16/17/18
• - Joint car registration 15/16/17/18
•  - Drivers license with home address
• - current health care card from my employer with her named as my dependent
• - my 401k with her as my beneficiary
• -  joint bank acc.
• - 2 Joint credit cards with debt.
• - Joint car title.
• - Joint car loan finance
• - Joint car tax receipt
• - 30+ thousand texts messages from 2014 through to late 2017 (not sure how to share these, they just print off in plain text)
• - various emails over the years

 

With all this information does this look like a solid amount to provide when my Lawyer adjusts my paperwork to a waiver? 

 

My Lawyer also said it would help if i got an affidavit from my wife confirming that we were married for 4 years, confirming the reasons why we divorced. For obvious reason, i don't think she may go for that. 

Edited April 20, 2018 by togur

[mindthegap 2,605]

Waivers are still adjudicated on the evidence provided - removing the joint aspect of the filing does not change that. 

 

 

Regarding your lawyers suggestion, be cautious. If not on good terms currently or likely to not be in the future, an affidavit is perhaps not a great idea, as USCIS can contact anyone who provides an affidavit at a later date, and I unfortunately know only too well what sort of rubbish a lunatic ex can come out with. 

However, if you file/ switch to a waiver without an affidavit from your spouse, your ex spouse will not be contacted and is no longer involved in the process.

Reasons for divorce are largely irrelevant and if for example they denied they cheated (therefore contradicting your given reasons for filing for divorce) it has the potential to confuse matters. Keep it simple.

Edited April 20, 2018 by mindthegap

[togur 0]

Thanks for the prompt reply. 

 

This is why i was concerned about getting an affidavit, Ill discuss again with my lawyer when we get all the new evidence together. 

 

From your experience would you say my evidence is solid? I never thought about the issue of providing evidence of our legitimacy until the reality hit me. I know that's really naive, but i just lived my life with her. I never thought about trying to compile evidence until now.

 

I also cant find any posts of people with divorce waivers getting approved or denied on here, im not sure if thats a good or a bad thing. 

[AbrilJoy 5]

 

Your evidences looks solid. It's not 100% but most waiver filers seem to have been approved.

And you were clever & at least a little bit fortunate to be able to switch to waiver before I-751 was approved.

 

 

Have you looked at this thread?

 

 

[togur 0]

2 minutes ago, AbrilJoy said:

And you were clever & at least a little bit fortunate to be able to switch to waiver before I-751 was approved.

it was more USCIS combining my n-400 and i-751 that caused this to happen. my i-751 should have been approved in 2017 but because of the delays and then filing the n-400 they both got combined (i assume) and pushed to the n-400 date. 

 

From what i can tell this may benefit me, because if they had approved it on the original date, i would have to go through this all again when i re-file my N-400. 

 

5 minutes ago, AbrilJoy said:

Have you looked at this thread?

 

 

I did not find that thread when i was searching. Thank you! will read it all tonight, from reading a few pages quickly it looks like a few people got approved with less evidence than me. That makes me feel a lot better!