Need help, please. I-751 was approved but failed to inform USCIS.

[Villanelle 4,122]

5 minutes ago, MorganandMichael said:

This is sort of hijack-y, but asking for a friend, if OP had let USCIS know ASAP as soon as they had the finalized divorce degree in hand and switched to a divorce waiver at that point, would they have been in the clear?

 

What if the case was decided and the card was sent out in between filing and finalization? Your technically, legally still married at that point I believe in the eyes of immigration, right? In other instances when you need to prove you are free to marry you need finalized divorce records, so that seems to be their definition. So if they receive the 10 year card based on a joint marriage filing while still married, is that kosher?

 

I already mentioned how states with long divorce waiting periods make this process sort of a nightmare, so I want to know what the best plan going forward would be if a friend were in a similar situation. 

If a joint petition is filed and divorce is filed or separation occurs it is always best to notify USCIS in a timely fashion.  Now timely fashion is a loose phrase. It basically means you want to notify them BEFORE they approve you w/o interview, but also in some cases not so far in advance of actually getting the final decree or else you will not be able to respond to the RFE for the decree.  It really is a case by case determination of when is a good time to send it taking in to account when the joint was filed and how long divorce process will take. 

 The bottom line though is there is always a way for those switching from joint to divorce waivers. Some are easy (RFEs or bringing it to interview) others are more difficult (going to court and presenting decree). Anyone in such a situation should post their own thread with pertinent details for advice as everyones situation is different. 

 

Re the question about if joint  ROC is approved before a final decree is issued but after divorce proceedings have started--- Yes, a joint ROC can be approved as long as they are still legally married. However in cases where a divorce is filed or a separation occurs it is always recommended to notify USCIS of the change in circumstances. When USCIS is notified they will most likely require a joint interview or for you to switch to a waiver. Couples have been approved with divorce pending on a joint ROC just because the final decree wasnt done yet and they both went to the joint interview. There have also been examples of couples who filed joint, then filed for divorce, ROC was approved while they were still married and they didnt notify USCIS of the pending divorce before USCIS approved them. Later when applying for n400 or family visas  it is discovered USCIS did not have all the information when adjudicating their ROC (specifically divorce was in process) and it caused major issues like them revoking the GC or misrep issues/lack if GMC. 

[geowrian 22,338]

3 hours ago, Nitas_man said:

Amazing that USCIS re-interpreted that to mean 1-2 years later or whenever they feel like picking up and reviewing the application.

Yup, USCIS and the BIA.

 

3 hours ago, Nitas_man said:

The referenced court case seems to retroactively strip the validity of the initial petition which, if true, means OP is in serious trouble.

Correct, it can happen. Generally they do not pursue such extreme actions unless there is evidence of actual wrongdoing (fraudulent marriage, intentionally hiding it, etc.) - this isn't as uncommon as one might think - but it certainly can become something serious. Hence why the suggestion is to make sure it's on record that they are trying to inform USCIS now and not let then find out later.

[Nitas_man 3,100]

12 hours ago, MorganandMichael said:

This is sort of hijack-y, but asking for a friend, if OP had let USCIS know ASAP as soon as they had the finalized divorce degree in hand and switched to a divorce waiver at that point, would they have been in the clear?

 

What if the case was decided and the card was sent out in between filing and finalization? Your technically, legally still married at that point I believe in the eyes of immigration, right? In other instances when you need to prove you are free to marry you need finalized divorce records, so that seems to be their definition. So if they receive the 10 year card based on a joint marriage filing while still married, is that kosher?

 

I already mentioned how states with long divorce waiting periods make this process sort of a nightmare, so I want to know what the best plan going forward would be if a friend were in a similar situation. 

Based on the manual it seems to imply “shall issue a waiver”, once the divorce is final, especially if both parties jointly acknowledge that the marriage was in good faith but just didn’t work out.

If divorce is still pending it looks like once the RFE for the decree expires the applicant goes to removal proceedings.

This IS applicable to the thread.

Edited December 7, 2019 by Nitas_man