Divorce while I-751 pending

[annab864 55]

18 minutes ago, G>^v said:

I believe the form is found in the website, my lawyer just sent me one page through email so I could sign (everything was done through email because of Covid) the form I signed was called “G-28”, so maybe search for that. This document, divorce decree and a letter was all the lawyer told me he was going to send to Potomac. I hope it helps.

 

12 minutes ago, geowrian said:

The waiver is a checkbox on the I-751 + the final divorce decree. If already filed, the letter should just be sent to USCIS requested the change on the I-751.

 

The G-28 is the form to declare an attorney for your case.

Thank you so much!! 

[G>^v 6]

17 minutes ago, geowrian said:

The waiver is a checkbox on the I-751 + the final divorce decree. If already filed, the letter should just be sent to USCIS requested the change on the I-751.

 

The G-28 is the form to declare an attorney for your case.

That makes sense. That was the only paper I had to sign for the waiver then.

[Sweet5884 12]

Wait for the final divorce decree and send letter asking for divorce waiver

[Ani2 24]

On 7/22/2020 at 10:19 AM, G>^v said:

No. I also did my waiver (while my I751 was pending) with a lawyer, and no additional evidence was needed. Just the divorce decree, a letter and the waiver form.

Did you have to pay again when you submitted a waiver form ? 

[da95826 387]

4 hours ago, Ani2 said:

Did you have to pay again when you submitted a waiver form ?

No you don't pay the fee again if you convert your existing joint i751 application to a devorce waiver case.

 

If you file a new i751 waiver from scratch you would need to pay a new fee, you would only do that if your current i751 got denied. 

 

You can convert to a waiver case by letter to the USCIS office handling your case (get the mailing address from receipt notice). If you call in for an interview you can convert your case with the officer interviewing you, give them the letter requesting the i751 be converted to a waiver case with evidence of the devorce (hopefully your final devorce decree).

 

[pdx751 12]

My ex and I got divorced AFTER I completed the ROC successfully and got my 10-yr green card. Now I am up for my N400 interview next week. I've collected as many docs as possible to prove the validity of our marriage and the timeline resulting in our divorce.

 

Any other divorcees out there who got divorced after ROC and then had to appear for their N400 interview ? I am curious to find out about the questions you were asked and docs you needed to present. My timeline:

 

July 2015 - got married to USC spouse

Feb 2016 - 2Yr GC approved

Nov 2017 - Applied for ROC (we were living together when I applied for ROC)

Jan 2019 - ROC approved. 10 yr GC issued. (We split up in late 2017 ....Spouse got a job in a different city so we lived separately , though still married)

July 2019 - Got divorced

Nov 2020 - Applied for N400

Oc 2021 - N4OO Interview

 

If it is any help, I called USCIS several times before filing ROC to ask about how to describe our marital situation. In Nov 2017 our marriage was on the rocks but we were not ready to file for divorce yet. USCIS agents informed me over phone that I did not need to provide a divorce waiver since I had not filed for one yet. They said I could explain the situation if and when called for an interview for the ROC. I ended up getting my perm GC without an interview , but I am sure that the divorce will come up in my N400 interview next week. 

 

If you're reading this and can relate, please reach out  

[reejo173 1]

On 7/22/2020 at 8:52 AM, Walbrzyszanka221 said:

Hi all, I can't seem to get my question answered but I have a pending I-751 that I filed jointly with my husband in September 2019. February 2020, we separated and I filed for divorce. Yesterday just found out the hearing court date. I am planning to hire an immigration lawyer and send the divorce waiver with the divorce decree. Will I need to send marital evidence all over again for the entirety of the marriage?

hi which address did you send your amendment? is it to the address in i797 receipt you received or the phnx lockbox one?

[da95826 387]

On 10/21/2021 at 2:42 PM, pdx751 said:

USCIS agents informed me over phone that I did not need to provide a divorce waiver since I had not filed for one yet.

USCIS agents give poor advice, they don't even work for USCIS as employees they are contractors to answer the phone, USCIS is not responsible for bad advice from them.

 

On 10/21/2021 at 2:42 PM, pdx751 said:

My ex and I got divorced AFTER I completed the ROC successfully and got my 10-yr green card. Now I am up for my N400 interview next week. I've collected as many docs as possible to prove the validity of our marriage and the timeline resulting in our divorce.

 

Since you were divorced months AFTER after ROC you will likely be okay, be honest but don't bring anything up unless asked, don’t volunteer information unless directly asked.

 

It is a good idea to be prepared to defend your good faith marriage if USCIS brings it up. So bring evidence that will help prove your bonafide marriage may be helpful if needed.