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Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
19 hours ago, vietnamus said:

53B26393-7AF0-4E55-93B6-DEED056FF2A5.thumb.jpeg.b27f424bd3be8070b42792d2f9b8fc4a.jpeg

 

First, you are applying for ROC, not AOS. So wrong part of the forum.

 

Since you're applying for ROC, I believe you applied with a Divorce Waiver, but didn't send the divorce decree. I believe since you were still married when you applied, you should've applied as married, and then send the divorce decree when it's finalized. 

 

You don't need an extension, you can just send later. Hopefully you will get the final divorce decree before the extension.

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
1 hour ago, Ayrton said:

 

First, you are applying for ROC, not AOS. So wrong part of the forum.

 

Since you're applying for ROC, I believe you applied with a Divorce Waiver, but didn't send the divorce decree. I believe since you were still married when you applied, you should've applied as married, and then send the divorce decree when it's finalized. 

 

You don't need an extension, you can just send later. Hopefully you will get the final divorce decree before the extension.

I believe you are correct; good catch on ROC- I was thinking hmm that was a reeeallllyy short marriage if he was AOS.  If @vietnamus was married he should have filed normally; you aren't divorced until you are REALLY divorced. You will get a 60 day extension due to COVID and honestly if you don't have your divorce decree by then I am not sure what your options are.. especially since it looks like you didn't file correctly :( 

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Posted
6 minutes ago, Luckycuds said:

I believe you are correct; good catch on ROC- I was thinking hmm that was a reeeallllyy short marriage if he was AOS.  If @vietnamus was married he should have filed normally; you aren't divorced until you are REALLY divorced. You will get a 60 day extension due to COVID and honestly if you don't have your divorce decree by then I am not sure what your options are.. especially since it looks like you didn't file correctly :( 

I will not have the divorce decree by august 1 ( due date by June1 + 60 days extension = august 1 )

 

I believe I should have the divorce decree around late august. 
 

that why I just wanna write letter to uscis to explain my situation , hopefully they can hold my case open (or give me extra time) until I have the divorce decree but my English is not good enough. 
 

please help me , I need the form of letter

 

thank you very much. I hope you guys understand. 
 

or If you know the agent or person... give me their inf, so I can contact them. 
 

thank you.  

 

 

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
Just now, vietnamus said:

I will not have the divorce decree by august 1 ( due date by June1 + 60 days extension = august 1 )

 

I believe I should have the divorce decree around late august. 
 

that why I just wanna write letter to uscis to explain my situation , hopefully they can hold my case open (or give me extra time) until I have the divorce decree but my English is not good enough. 
 

please help me , I need the form of letter

 

thank you very much. I hope you guys understand. 
 

or If you know the agent or person... give me their inf, so I can contact them. 
 

thank you.  

 

 

I think you may be missing a few points.. Why did you submit a divorce waiver when you were not divorced? You were not divorced when you submitted your divorce waiver/removal of conditions so even once you receive your divorce decree it's not going to match up with the date you submitted the petition; therefore invalidating the petition. I'm not sure if this falls under misrepresentation and could be a big problem in the future; or at a minimum result in a denial? Maybe a senior member can chime in. 

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NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

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US Entry : 12/15/14 Fort Lauderdale, Florida

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CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Posted
16 hours ago, Luckycuds said:

I think you may be missing a few points.. Why did you submit a divorce waiver when you were not divorced? You were not divorced when you submitted your divorce waiver/removal of conditions so even once you receive your divorce decree it's not going to match up with the date you submitted the petition; therefore invalidating the petition. I'm not sure if this falls under misrepresentation and could be a big problem in the future; or at a minimum result in a denial? Maybe a senior member can chime in. 

 

Because that is what you would if your spouse is not signing the petition? A lot of people file divorce waiver before they file the divorce itself or while their divorce is pending since divorce does take time. It is not unusual, there are hundreds of post on VJ about it lol

 

Maybe she switched to divorce waiver later on? or had a separation date on the application. It is however VERY odd that the OP, 2 years later, is not divorced as that is long enough period to get it done unless their is a like a massive custody and assets battle?  

 

That being said, since we are not here to judge you, and your back story is irrelevant, I am curious to know why you didn't finalize your divorce in TWO years, but then again, doesn't matter. There is no such thing as ask them to give you extension. If you don't send them what they are asking for, they will deny your application. If you can't get final decree by August, here what you should do:

 

Before the deadline, Send them a copy of the divorce filling. You can obtain a notarized document that you/spouse signed with the court to file for divorce. Send them a proof that you filed for divorce along with a letter that your divorce will be final in two month and in the interview you will submit the final decree. Also, explain to them what happened in your relationship from how you met to WHY IT TOOK YOU TWO YEARS TO GET DIVORCED.

 

They will either accept that and send you to an interview/send you another RFE for the final decree, or they will deny you right away, which will take months or weeks. If they deny you, once you get the letter, send them your packet again (send the petition, new evidence evidence, and the check), along with the final divorce decree and a letter explain that what happened.

 

 

 

 

 

 

 

 

Posted
On 6/18/2020 at 12:59 PM, Luckycuds said:

I believe you are correct; good catch on ROC- I was thinking hmm that was a reeeallllyy short marriage if he was AOS.  If @vietnamus was married he should have filed normally; you aren't divorced until you are REALLY divorced. You will get a 60 day extension due to COVID and honestly if you don't have your divorce decree by then I am not sure what your options are.. especially since it looks like you didn't file correctly :( 

thank you for helping

Posted
11 hours ago, DSOTM1973 said:

 

Because that is what you would if your spouse is not signing the petition? A lot of people file divorce waiver before they file the divorce itself or while their divorce is pending since divorce does take time. It is not unusual, there are hundreds of post on VJ about it lol

 

Maybe she switched to divorce waiver later on? or had a separation date on the application. It is however VERY odd that the OP, 2 years later, is not divorced as that is long enough period to get it done unless their is a like a massive custody and assets battle?  

 

That being said, since we are not here to judge you, and your back story is irrelevant, I am curious to know why you didn't finalize your divorce in TWO years, but then again, doesn't matter. There is no such thing as ask them to give you extension. If you don't send them what they are asking for, they will deny your application. If you can't get final decree by August, here what you should do:

 

Before the deadline, Send them a copy of the divorce filling. You can obtain a notarized document that you/spouse signed with the court to file for divorce. Send them a proof that you filed for divorce along with a letter that your divorce will be final in two month and in the interview you will submit the final decree. Also, explain to them what happened in your relationship from how you met to WHY IT TOOK YOU TWO YEARS TO GET DIVORCED.

 

They will either accept that and send you to an interview/send you another RFE for the final decree, or they will deny you right away, which will take months or weeks. If they deny you, once you get the letter, send them your packet again (send the petition, new evidence evidence, and the check), along with the final divorce decree and a letter explain that what happened.

 

 

 

 

 

 

 

 

should I send them settlement agreement, too  ? and all copy of the divorce filling. thank you. Iam so panic :((. 

 

 
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