Switching to Wavier After the Divorce

[SadGirlneedshelp 5]

Hi all,

 

I am totally new here, so apologize if this question has been asked by others before.

 

I have never thought of this day in my life. But here I am. My ex-husband (USC) and I met in our grad school and got married soon after in 06/2015. We were happily married and applied for ROC jointly in 11/2017. This January he attended a conference and met another girl from the east coast who started to seduce him by all means (yes by all means) knowing he was happily married, so that she could use him to get herself a decent job next year. A month after he came back from the conference, he told me he wanted to move to Boston (for the convenience of that girl) to work ( I declined job offers from other states to stay in Minnesota after my graduation to wait for him to finish his school). In late Feb, the girl from the east coast flew to his work place to visit him. After that he told me we were never in love before, that his life was in pain with me, and demanded a separation and divorce. I was devastated and tried hard to save my marriage. But he refused to do so. So I am going to file for divorce (yes I am the one who does it because he is a lazy bones and I have to handle everything). Looking back at our marriage, I realized I was quite abused emotionally. He lied to me about his family and his relationship with his ex-girlfriend ( I found these out right before we split up). He consciously or sub-consciously kept me away from my friends, and now he uses this as an excuse claiming I do not know how to socialize with people, and that I am sick, twisted and needy. Even today, he still refused to admit his relationship with this other girl is romantic.

 

Anyway, am going to file with a divorce lawyer on Monday. I do not plan to claim he is emotionally abusive on the divorce decree for the sake of an easy and quick divorce since he is moving next month. I am preparing to send the CSC a letter along with the divorce decree to convert the joint filing of ROC to a waiver.

 

My question is: do I also need to send a lot of other information including tax files for the last year, pictures of joint credit cards, bank statements, and texts between us since we met ( I did not send all these materials since I thought our marriage is real and we were happily married, and was never afraid of any RFE or interviews)? Should I also write a story about how we met and how the relationship ended with detailed evidence (pictures and texts) embedded? This story may be a very long one if I include all the screenshots and pictures. Or do I just send the decree and a letter for the waiver and wait for the RFE? Should I also claim an emotional abuse? Does my therapist's words on this matter count ( I have been visiting a therapist for the initial purpose of saving my marriage. But the therapist concluded in the end that he may have mental issues and is quite mentally abusive). I asked him to visit the therapist with me to save the marriage but he refused so I was the only one who was seeing the therapist.

 

I appreciate your answers a lot!

Edited July 8, 2018 by SadGirlneedshelp

[EmmNM 179]

I'm sorry for everything you went through. Sadly, I do not have the answer to a lot of your questions. I hope someone else in the community can better assist you. All I can say is gather as much evidence as possible to prove the marriage was entered with good intent.

[little immigrant 801]

54 minutes ago, SadGirlneedshelp said:

My question is: do I also need to send a lot of other information including tax files for the last year, pictures of joint credit cards, bank statements, and texts between us since we met ( I did not send all these materials since I thought our marriage is real and we were happily married, and was never afraid of any RFE or interviews)?

You did not send any evidence of a bonafide marriage? I really hope you have those type of documents so you can show it at the interview.

[SadGirlneedshelp 5]

1 minute ago, EmmNM said:

I'm sorry for everything you went through. Sadly, I do not have the answer to a lot of your questions. I hope someone else in the community can better assist you. All I can say is gather as much evidence as possible to prove the marriage was entered with good intent.

Thanks anyway for the kind words.

[SadGirlneedshelp 5]

1 minute ago, little immigrant said:

You did not send any evidence of a bonafide marriage? I really hope you have those type of documents so you can show it at the interview.

Of course I did send some evidence. I only sent part of the bank statements, not all since there are too many! And some pictures. I forgot to send all the text messages and emails between us. I also sent our car insurance, my life insurance from the employer with him being the 1st beneficiary, tax files for the first 2 years, two affidavits from his family members, and some flight tickets and boarding passes from the trip back to China. Unfortunately, we don't have any utility bills or rent since we were living in his Dad's house.

[LoveAlways2 90]

On 7/7/2018 at 11:48 PM, SadGirlneedshelp said:

Of course I did send some evidence. I only sent part of the bank statements, not all since there are too many! And some pictures. I forgot to send all the text messages and emails between us. I also sent our car insurance, my life insurance from the employer with him being the 1st beneficiary, tax files for the first 2 years, two affidavits from his family members, and some flight tickets and boarding passes from the trip back to China. Unfortunately, we don't have any utility bills or rent since we were living in his Dad's house.

I think this is good evidence that you sent already! I would send the Divorce decree, a letter telling them your story, and updated tax and bank statements (just from the date you sent your ROC to now) that is what I send when I asked to change my ROC from joint to waiver. 

[SadGirlneedshelp 5]

46 minutes ago, SadStories said:

I think this is good evidence that you sent already! I would send the Divorce decree, a letter telling them your story, and updated tax and bank statements (just from the date you sent your ROC to now) that is what I send when I asked to change my ROC from joint to waiver. 

Hi SadStories! I am so happy for your approval and I see hope in my case from yours! Thanks for the advice.

 

PS: our names are even similar

[SadGirlneedshelp 5]

Hi all,

 

I already submitted my updates along with the divorce decree to the USCIS to switch my jointly filed i-751 to a waiver. But I haven't heard anything from them. What do I expect next? I do not see any updates on myUSCIS either. Will I eventually receive a confirmation letter in my mail?

 

Thanks!

[LoveAlways2 90]

Hello,

When I send my paperwork with the update I did not hear anything back either. After 2 months I called and I talked to a tier two immigration officer who did a service request to make sure the new documents were placed with my file. Then a few weeks later I got a letter responding to the service request saying that my updated documents were placed with my file and were going to be reviewed with all my information.  

 

[SadGirlneedshelp 5]

4 hours ago, SadStories said:

Hello,

When I send my paperwork with the update I did not hear anything back either. After 2 months I called and I talked to a tier two immigration officer who did a service request to make sure the new documents were placed with my file. Then a few weeks later I got a letter responding to the service request saying that my updated documents were placed with my file and were going to be reviewed with all my information.  

 

Thanks for the info! In your resubmitted file, did you include any newly filled form (e.g. refilling I-751)? Or did you just submit a letter saying you want a switch along with some other materials?

 

Thanks!

[LoveAlways2 90]

On 9/4/2018 at 3:27 PM, SadGirlneedshelp said:

Thanks for the info! In your resubmitted file, did you include any newly filled form (e.g. refilling I-751)? Or did you just submit a letter saying you want a switch along with some other materials?

 

Thanks!

Just the letter and the new documents. I did include a copy of the NOA 1 so that they could trace it to my file. 

[BrianK 1]

On 9/5/2018 at 4:16 PM, SadStories said:

Just the letter and the new documents. I did include a copy of the NOA 1 so that they could trace it to my file. 

Did you wait until divorce was finalized before sending? My friend is in a similar situation, she sent in her joint I-751 in November and has just decided to divorce - not sure if she should let them know now that she is planning to divorce or wait until the divorce is finalized.

[SadGirlneedshelp 5]

1 hour ago, BrianK said:

Did you wait until divorce was finalized before sending? My friend is in a similar situation, she sent in her joint I-751 in November and has just decided to divorce - not sure if she should let them know now that she is planning to divorce or wait until the divorce is finalized.

Yes. I sent them the final decree.

[SadGirlneedshelp 5]

Hi all,

 

Just wanted to update my case here. I just got my card approved and my name updated! Yay finally don't have to use my cheating ex-husband's disgusting name on official documents anymore (except for my past academic publications - I have to explain it to people all the time)!!!

 

No RFE no interview. I hope everyone got their case approved smoothly as well!

[TBoneTX 45,361]

What great news.  Thanks for returning with the happy update.  You must feel great, and for good reason!