Submitting I-751 (Divorce Waiver) without decree?

[HarryWL 262]

Hello everyone.

 

I had a question regarding submitting I-751 without the divorce decree (Knowing I'll get an RFE for it). I've already filed for divorce but it looks like it might take a while to get a simplified divorce processed in the state of Florida. (It's already been 40 days and they haven't even assigned a date with the judge) My I-751 window would have opened up September 18th anyway without the divorce, but I'm planning to submit it around 20-21st to avoid the new USCIS fees that go into effect October 1st.

 

Would it make more sense to submit all my evidence and mention that I'm still waiting for the divorce to be finalized because of delays due to Covid-19? I'm still waiting on our joint tax return to be processed too, we submitted it jointly back in February and it's still pending. I read that furloughs are being postponed at USCIS, but obviously I want to get the ball rolling asap.

 

https://www.natlawreview.com/article/uscis-halts-furlough-70-workforce-still-processing-times-likely-to-increase

 

Does anyone see any problems with this method and just submitting the decree once I receive the RFE? 

[Sweet5884 12]

No problem. When you receive your divorce decree, send to them. 

[HRQX 4,145]

On 8/30/2020 at 12:25 PM, Sweet5884 said:

No problem. When you receive your divorce decree, send to them. 

Do note that sometimes RFE has a strict deadline listed (e.g. 87 days) for the required item.

Edited August 31, 2020 by HRQX

[Medi_07 58]

Hi, final judgment usually takes several months. I know for fact that it’s 6 months in California. You might go ahead and just send your packet and hopefully you get the final judgment before you get an RFE.

it will be good if you can get the tax return, will definitely help!

good luck

[DSOTM1973 52]

Unless you are the unicorn, no one will look at your application for at least 10 months. You don't even need to note anything, send what you were planning on sending, and writing a good statement about relationship make it detailed.

once you have the decree, put it in envelope with a copy of the NOA and send it to the service center handling your case

If you are already filed for divorced and have the signed affidavit, you can submit that, otherwise, don't worry abut it

 

 

[HarryWL 262]

Thanks for the responses!