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Filed for Divorce Trying to Notify USCIS

By adbc16 in Removing Conditions on Residency General Discussion

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adbc16 Rookie

adbc16   1

Posted
Filed: Lift. Cond. (pnd) Timeline
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My husband and I filed for divorce a month ago and I wanted to notify USCIS about this change in our relationship. 

 

I am a September 2018 filer and I filed at the California Service Center. 

 

Is there a specific address where I should send the letter? Or would I use the same PO Box address that’s on the NOA letter I received last year?

 

Any information is appreciated. Thank you.

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

Unless you have a divorce decree in hand, i don’t see a point in notifying the USCIS.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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adbc16 Rookie

adbc16   1

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
6 hours ago, arken said:

Unless you have a divorce decree in hand, i don’t see a point in notifying the USCIS.

I read that questions might come up during N400 interviews if the divorce is not disclosed while waiting for the removal of conditions. I’d rather be cautious.

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
On 6/7/2019 at 9:13 PM, adbc16 said:

I read that questions might come up during N400 interviews if the divorce is not disclosed while waiting for the removal of conditions. I’d rather be cautious.

Yes...but at the present time you are still legally married.  

As soon as you are divorced send a copy of the decree in - until then you are doing nothing wrong. The absolute worst thing would be notifying them now, them immediately sending you an RFE for a final decree (with the standard 87 day response time) and you can't provide it because your state takes six months or something, or it gets drawn out due to property/money/oneupmanship disputes.

In such circumstances, you would receive a denial and have further hoops to deal with

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. 

 

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adbc16 Rookie

adbc16   1

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
49 minutes ago, mindthegap said:

Yes...but at the present time you are still legally married.  

As soon as you are divorced send a copy of the decree in - until then you are doing nothing wrong. The absolute worst thing would be notifying them now, them immediately sending you an RFE for a final decree (with the standard 87 day response time) and you can't provide it because your state takes six months or something, or it gets drawn out due to property/money/oneupmanship disputes.

In such circumstances, you would receive a denial and have further hoops to deal with

At the moment my ex and I are in good terms so we’re still going through with the joint petition. Wouldn’t they be RFEing me for a decree if I changed it to a divorce waiver, which I didn’t do. Or would they RFE for a decree regardless?

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
6 hours ago, adbc16 said:

At the moment my ex and I are in good terms so we’re still going through with the joint petition. Wouldn’t they be RFEing me for a decree if I changed it to a divorce waiver, which I didn’t do. Or would they RFE for a decree regardless?

You are not yet divorced so why are you worried about “which I didn’t do” part. Yes, as already said, once you inform USCIS about your divorce proceedings, you’ll be RFE’d for divorce decree which you wouldn’t have. So plan to inform USCIS once you have the decree.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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adbc16 Rookie

adbc16   1

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
3 hours ago, arken said:

You are not yet divorced so why are you worried about “which I didn’t do” part. Yes, as already said, once you inform USCIS about your divorce proceedings, you’ll be RFE’d for divorce decree which you wouldn’t have. So plan to inform USCIS once you have the decree.

Got it. If trend continues with approvals I would probably get my 10-year card before my divorce decree. So will I inform them after?

 

Thanks for your responses and clearing a lot of things up for me.

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