Jump to content
GreenGem

I-751 Insight needed - Joint or Divorce Waiver

By GreenGem in Removing Conditions on Residency General Discussion

 Share

3 posts in this topic

Recommended Posts

GreenGem Enthusiast

GreenGem   58

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted

Hello,

 

I need some insights. Thank you in advance. My window for filing is closing on Oct. 20, 2018. We're going to get a divorce. But due to financial constraints filing the divorce is being pushed and pushed on a later date. On my estimate we might be able to file the divorce on November. What do you think should I do? 

 

1. File jointly and once I have the divorce decree inform USCIS that I'm switching to divorce waiver? This is given that he would sign, we're not on talking terms. 

 

2. File with a divorce waiver and put pending on the divorce decree and wait for an RFE? I'm worried about this due to the new uscis policy regarding denying an application that has incomplete papers. Instruction specifically states that the divorce decree should be attached when filing a divorce waiver. They had been considerate before but since they had released a new policy it made me worried. 

 

Any insight will be appreciated. Thanks in advance.

 

 

Link to comment
Share on other sites
mindthegap Experienced

mindthegap   2,589

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)
10 minutes ago, Emmerald said:

1. File jointly and once I have the divorce decree inform USCIS that I'm switching to divorce waiver? This is given that he would sign, we're not on talking terms. 

Would be the best option. However, if he won't sign then you cannot file jointly. 

 

 

You may well be caught out with awkward timing here - If you file with a waiver off the bat, they will at some point RFE you for a final divorce decree. If you don't have it in hand within the RFE period you may have a more convoluted process to contend with involving scary denial letters, NTAs and a date with an immigration judge, plus perhaps having to re-file (and pay for) a fresh I-751.

 

If a waiver filing is necessitated, then it is absolutely in YOUR best interests to protect yourself and to file for divorce and get it done ASAP, and to file your I-751 as late as possible, so you don't get caught out with an RFE for a divorce decree that you don't have and can't provide. 

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Link to comment
Share on other sites
GreenGem Enthusiast

GreenGem   58

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
  • Author
Posted
1 minute ago, mindthegap said:

Would be the best option. However, if he won't sign then you cannot file jointly. 

 

 

You may be caught out with awkward timing here - If you file with a waiver off the bat, they will at some point RFE you for a final divorce decree. If you don't have it in hand within the RFE period you may have a more convoluted process to contend with involving scary denial letters, NTAs and a date with an immigration judge, plus having to re-file (and pay for) a fresh I-751.

 

If a waiver filing is necessitated, then it is absolutely in YOUR best interests to protect yourself and to file for divorce and get it done ASAP, and to file your I-751 as late as possible, so you don't get caught out with an RFE for a divorce decree that you don't have and can't provide. 

 

 

Thank you. We're in Las Vegas and divorce here is fast. 1 month for a joint filing which is what we're going to do. But I might reach out to him and he might sign the I-751 filing jointly so I can breathe freely since my window is almost over. Then I can focus on the divorce and requesting to switch to a divorce waiver later.

 

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...