USC in Divorce Filing - Should I Step Back?

[SunflowerSweet 1,321]

I realize this question is more opinion-based than procedural, so hopefully someone can share their thoughts!

 

I am the USC, and my ex-husband and I had filed a joint I-751 back in October of 2018. We just got our finalized divorce papers in the mail after a pretty lengthy covid-related delay.

 

I am helping him out with drafting the letter, since he is really just not that great with this stuff and I have immigration and other legal experience. I KNOW it's his petition and he really should be taking the lead, but were still in an amicable relationship and I wanted to support him.

 

Anyway, I was thinking of signing off on the letter explaining the situation, and I added a blurb about how I am still available to assist in the process and answer any questions if needed. This would obviously be in addition to his signature. Do you think this is okay to do, or could it look bad on us somehow?

 

The reality is we are divorced but we still talk here and there, and I'm not the type to just abandon someone I care about just because the romantic aspect of our relationship turned out a little dumpster-firey. I am just paranoid about possible bad optics?

 

Thank you~

[Lemonslice 4,841]

In your shoes, I would write my own letter and sign it, up to him to include it, or not, in what he will send them.  Then you can help him draft his own letter, if you feel like it. So, helpful, but separate, if it makes sense. 

[mindthegap 2,590]

No letter/analysis required to switch to a divorce waiver.

Put one if you want, but it is not necessary, and divorce is not a reason for denial. 

An interview will probably be scheduled where he will be asked questions - if you were to accompany him to that, it would be more beneficial than any letter (your attendance is not required/compulsory once switched to a divorce waiver).

 

Also, great that you are supporting him instead of trying to return him like an amazon package like many ex-spouses do.

Edited June 26, 2020 by mindthegap

[SunflowerSweet 1,321]

17 minutes ago, mindthegap said:

No letter/analysis required to switch to a divorce waiver.

Put one if you want, but it is not necessary, and divorce is not a reason for denial. 

An interview will probably be scheduled where he will be asked questions - if you were to accompany him to that, it would be more beneficial than any letter (your attendance is not required/compulsory once switched to a divorce waiver).

 

Also, great that you are supporting him instead of trying to return him like an amazon package like many ex-spouses do.

I probably shouldn't have called it a "letter". It's not anything really narrative or deeply personal or anything. Just "I am requesting to switch our joint case to a waiver case... while waiting for adjudication the marriage dissolved and we got divorced on this date xxx... please let us know if you require more information" and then a list of the few documents I am attaching. So more of a cover letter than a letter letter.

 

And yes, I am okay attending an interview. I would probably be his ride there anyway! We were still together for his biometrics and they didn't let me into the USCIS building though.

Edited June 26, 2020 by MorganandMichael

[Wuozopo 4,293]

Opinion: I would step back. He requests to switch to waiver and sends a photocopy of the divorce decree. His case will stand on all the documentation originally submitted as evidence of a bonafide marriage. Did you send good things?
You have no official part in his Immigration journey now that you aren’t married. 

[Boiler 45,499]

Also agree, think it would look odd, not complicated let him do it.

[SunflowerSweet 1,321]

12 hours ago, Wuozopo said:

Opinion: I would step back. He requests to switch to waiver and sends a photocopy of the divorce decree. His case will stand on all the documentation originally submitted as evidence of a bonafide marriage. Did you send good things?
You have no official part in his Immigration journey now that you aren’t married. 

I think what we sent was decent considering we in our early 20’s and have no kids or owned property yet. 
 

• Evidence supporting a bonafide marriage:

o Exhibit 1 - Copy of our joint IRS Tax Return Transcripts for fiscal years 2016 and 2017

o Exhibit 2 - Monthly statements from our joint checking account from 9/2016 to 8/2018

o Exhibit 3 - Copies of our credit cards, showing joint accounts

o Exhibit 4 - Apartment leases and other correspondence from landlords showing joint residency

o Exhibit 5 - Copies of Driver’s Licenses with matching addresses

o Exhibit 6 - Periodic statements from rental insurance in both of our names at our various residential addresses

o Exhibit 7 - A cellphone plan overview and monthly bills from Sprint showing cell phones on same family plan

o Exhibit 8 - Various plane tickets from trips taken together

o Exhibit 9 - Photos of us and family/friends over the years

o Exhibit 10 - Affidavits attesting to our relationship from family members and friends

 

 

With this packet I am mailing today,  I have added in our 2019 tax returns as well as a few forms I completely when starting my new job last fall, designating him as the beneficiary for my life insurance, retirement service, and unpaid compensation for deceased employees.

Edited June 27, 2020 by MorganandMichael

[Wuozopo 4,293]

1 hour ago, MorganandMichael said:

I think what we sent was decent considering we in our early 20’s and have no kids or owned property yet. 
 

Yes, looks very good.