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Posted

Hi All,

 

I just found this website during my research of filing a divorce waiver.

I live in New York and I married to an US citizen in 2016 and my marriage has ended this year in January. I have filed the divorce in May, so it has not yet finalized, however the 90 days period will begin in August to file the I-751 - removing conditions of my current GC.

I ended up the marriage, because my spouse was emotionally abusive and I didn't want to be in a toxic relationship anymore. I started therapy last year and I was asking my therapist to write me a letter to the USCIS. However she said she'd help me, she has not done this before, so I'd like you to ask what that letter suppose to say? 

I'm collecting the evidences for my marriage, I have utility bills, mobile phone bills, bank statements, airplane tickets, personal statement from our old roommate, letter from the therapist and some screenshots of text messages. I also need to write my personal statement that I've read somewhere it has to be at least 3 pages? Also I can ask my family lawyer to write me a letter?

On the form itself I should mark section where it says:

My conditional residence is based on my marriage or my parent's marriage to a U.S. citizen or lawful permanent resident, and I am filing this joint petition together with (Select only one box):

1.d My marriage was entered in good faith, but the marriage was terminated through divorce or annulment." - I'm not sure this is the right answer if my marriage has not been finalized.

 

I'm doing all this by my own due to lack of finances, so any help would be much appreciated.

Posted

When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can.

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.

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. 

 

Posted
3 minutes ago, mindthegap said:

When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can. 

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.

The 90 days period starts on August 4th. Since the divorce was signed by my spouse in May, it could take a couple of months to be finalized. I don't know. I'm in New York, I'm hoping it will be done soon. I know if I don't attach the final divorce degree, it's an automatically means that they will ask more evidences, which is the degree itself. 

So, you're saying that I don't have to write personal statement. Maybe it must be only required if I filed an abuse.

Filed: Lift. Cond. (pnd) Country: Nepal
Timeline
Posted
On 7/7/2019 at 1:15 PM, mindthegap said:

When do you anticipate the divorce will be finalised? I ask this, as if you can wait until you have the final decree in hand, it is one less bit of hassle for you. As it is a divorce waiver you are permitted to file at any time - it does not have to be within the 90 days - but if you wait until after the 90 day period to do this, you will get initially get scary denial letters appearing in the mail, so best avoided for an easier life if you can.

 

Divorce waiver filings are still adjudicated on the evidence provided - divorce is not a reason for denial. Just be honest.

You do not have to write any sort of personal statement - not sure where you read that... It probably won't hurt, but it isn't required.

Hello, I see in your timeline that you filed for i751 twice. Could you please help me. I have some questions.

 I filed joint petition and we got separated. I filed for divorce and I dont have divorce decree in my hand yet. Today I got a notification that my soon to be ex husband withdrew my petition. I called uscis and tier 2 officer spoke with me. He says someone wrote a letter to uscis(husband) telling to withdraw the form. Now my online account tells my case has been withdrawn and to wait until i receive my withdrawn acknowledgement notice. Is there someone like me? what will happen to my case now. I will receive my final decree in two weeks. I was thinking to sent the decree and to change into waiver once i receive the final decree. What can I do now. Please help.

 
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