Please help with advice! (I-751 Interview)

[Renegade 11]

1 minute ago, kline19 said:

Ok this is just my observation on status updates so take it for what its worth. 

 

Status update " Case ready for interview" doesn't mean that your interview is imminent. There are lots of cases lately (apparently) who are getting this update and then it remains in this status for months.

 

Even if there is an interview you CAN tell the interview officer that you are changing your case to a divorce waiver at the interview.

But it would be better to write a letter to uscis to inform them asap that you are changing your case to divorce waiver. You can tell them the rough time-line for the divorce proceedings to be completed. They will send you an RFE for divorce decree. You can then respond back to RFE with the status of your divorce process in case you didn't have the divorce already granted. 

 

Don't do what your husband is telling you. That amounts to destroying your perfectly legit case and (I believe) committing a crime. 

 

So you're telling that there is a chance that we will get approved without the interview?

I Googled, in California divorce takes on average 15-20 months and I got my extension letter In July for 18 months... I really don't know what to do

[Renegade 11]

2 minutes ago, Bill & Katya said:

Thanks for the segue.

 

This was from the thread I linked earlier from @Villanelle.

 

Posted December 9, 2017 (edited)

They really should upload an example letter for this situation to the example form section on VJ since it comes up a lot.

 

You just need to write a basic letter in a semi-formal format.

 

USCIS

address

 

RE- LPRS name,

A#

NOA case number

DOB

resident since date

address

phone number

 

date of letter

 

Request to switch to a divorce waiver

 

To whom it may concern:

 

On X date, I, (name), A# filed a joint petition with my spouse (their name) with the X service center (where you mailed it). My case number is X. (from your NOA).  On X date (spouses name) and I legally separated/physically separated/filed for divorce/divorced. Please accept this letter as my request to switch to a divorce waiver. I am/am not attaching the divorce decree. (if you are list date of divorce and court name/if not state it will provided when the court issues it.) I am also attaching X Y and Z for your consideration.

 

Signed

dated

(you can get it notarized but it doesnt have to be)

 

 

Keep a copy for your records and mail it with a tracking number to the same service center you sent the original ROC packet to.

 

Personally I would submit a short basic letter like the above and attach a longer affidavit about the relationship and its breakdown. That statement can be multiple pages long and refer to evidence that you attach. Think 'courthouse' style evidence. You can label the attachments as attachment A, B, C etc and refer to them in your affidavit. Example we had joint bank accounts at X bank (see attachment A) blah blah. We took a trip together to Hawaii (see attachment B-D) etc., 

Edited December 9, 2017 by Damara 

Yes, I was just reading that too!
I guess now I need to have a serious conversation with him.

[JeanneAdil 6,609]

1 hour ago, Renegade said:

I don't think we will be approved without the interview because our status says that there's gonna be an interview. We are in California, and unfortunately I know nothing about the divorce procedures He still tells me that he will help me with interview but I have some doubts, and I think it would be much worse if he says something inappropriate during the interview.

California is "no fault " and either party can divorce 

must live in the county for 6 months to file

Once you file the divorce petition and serve it on your spouse, you will have to wait at least six months for your divorce to be finalized.

 

California divorce laws on the following site:

https://www.divorcenet.com/states/california/cafaq04

[mindthegap 2,599]

4 hours ago, Renegade said:

So you're suggesting tell the officer honestly about our situation during the interview, that we're gonna get divorce? What if they deny the petition?

Divorce is not a reason for I-751 denial.

[dwheels76 5,468]

18 hours ago, Renegade said:

No, we filed in May, and as of August 2019 our case status is "Ready to schedule for the interview" 
And all this happened in September

Our I-751 has been in status "Ready to schedule for the interview"  since May 23, 2019. It doesn't mean you will even get an interview it is a standard template.
You entered in good faith no one is lying. Just don't go playing the happily ever after live together couple. Or file for divorce and if you are called for interview you have the filing or final decree in hand. No big deal.

[SunflowerSweet 1,321]

3 minutes ago, dwheels76 said:

Our I-751 has been in status "Ready to schedule for the interview"  since May 23, 2019. It doesn't mean you will even get an interview it is a standard template.
You entered in good faith no one is lying. Just don't go playing the happily ever after live together couple. Or file for divorce and if you are called for interview you have the filing or final decree in hand. No big deal.

That’s interesting. I’ve been active in the September/October/November 2018 I-751 filers threads and I can’t recall a single person who got approved without and interview mentioning their status ever being that. 

[Renegade 11]

On 10/12/2019 at 10:04 AM, dwheels76 said:

Our I-751 has been in status "Ready to schedule for the interview"  since May 23, 2019. It doesn't mean you will even get an interview it is a standard template.
You entered in good faith no one is lying. Just don't go playing the happily ever after live together couple. Or file for divorce and if you are called for interview you have the filing or final decree in hand. No big deal.

 

 

We are still waiting for the interview, Im scared to file for divorce since in California it takes 6 months to complete, but I've read that they will send you RFE for the final decree but you have only 87 days to reply... ?