Filed I 751 jointly then divorced

[krbha 0]

Hi All,

 

I filed my I 751 jointly last year. After few months after filing I 751 jointly i applied for Divorce since my wife is abusing me and hurting me physically, I got divorce under "Cruel Treatment" category from the court.  After the divorce, my wife contacted USCIS to cancel my I751 application. My application is not cancelled and still pending. 

 

 

Question 1 : Do i need to inform USCIS about my divorce now or should i wait for the interview and show my divorce (under cruel treatment) when i goto interview.

Question 2 : What are the chances of getting my permanent green card ? The fault for the divorce is on my wife side and in the divorce decree its mentioned cruel treatment. 

 

 

Thanks for the response.

 

Jay.

 

 

 

 

[Just Paul 4,595]

If the divorce is Finalized then you change your I-751  to include a divorce waiver.

[Going through 5,671]

1 hour ago, krbha said:

Question 2 : What are the chances of getting my permanent green card ? The fault for the divorce is on my wife side and in the divorce decree its mentioned cruel treatment. 

Quite a good chance if you can show evidence of a marriage with bonafide intent.  Evidence of co-mingling finances, shared lease/bank accounts/health insurance/tax filings, etc. prior to initiated divorce proceedings is needed.

 

USCIS will not care who is at fault for the divorce, or the reason stated in the divorce decree.  For the purposes of the i-751 with a divorce waiver, their main concern is you proving a bonafide marriage up until that marriage broke down.

Edited June 4, 2019 by Going through

[mindthegap 2,590]

Divorce is not a reason for I-751 denial....nor is any weight or bias given on who filed for divorce.

Having said that, what exactly did she say to USCIS? I know from unfortunate first hand experience that this can affect things depending on what was said/alleged.

 

Now you have a final decree you should inform USCIS of this, requesting a switch to a divorce waiver, and you will more than likely then be scheduled for an interview. No difference - same evidence required, from gaining permanent residence to the date of separation/divorce.

Edited June 4, 2019 by mindthegap