File I-751 With Divorce Waiver: Need Advice

[Nguyenthingoc129 0]

Hi everyone, I created my first post on VJ and I am in need of advice for my case! I came to the U.S as an F-1 student in March 2016 and received my green card as a family-based (through marriage with U.S Citizen) in July 2019. We met on Facebook around the end of 2018 and got married around March 2019. We then filed for the 2 years green card in April 2020 and got approved 3 months after, in July 2020. I was living with him in Eastern Washington the whole time and our marriage was entered as faithful and as happy as it could be, up until the end of 2019. 

 

We have an age gap for 13 years (he is 34 and I am 21), which is the reason why most of our thoughts are not alike. I am primarily focused on my career while he wanted to have children, which I am totally fine with, but I was not 100% supporting the idea at that time. We had fights about that and we made up with each other, but we were not as happy as we were before. At the end of 2019, he got into a DUI, resulting in a huge financial hardship from his lawyer and insurance. I was making minimum wage at that time, while he was earning around $50,000/year. We kept fighting over financial issues and things got worse. In February 2020, I got fired from my job in Easter Washington and could not find any other job due to my career field. I received an offer from Seattle and decided to move to Seattle for that position, along with going back to school in Seattle as well. 

 

We have been physically separated since February 2020 and rarely visited each other due to the Covid-19 situation. He is still extremely supportive of me and we still respect and support each other, however, I do not think we would be able to stay married. Our marriage was real and as truthful as it could be, things unfortunately could not be fixed in terms of love and feelings. 

 

We do have a ton of evidence together, including:

 

• Over 70 pictures

• A lot of text messages

• Finance:

  • Joint tax return of 2019 and 2020

  • Bank statements from 06/2019 - present

  • Credit Card together

  • 401k (He’s on my 401k and I am on his 401k)

• Insurance:

  • Health insurance (I am on his health insurance and he is on my health insurance)

  • Car Insurance (I am on his car insurance)

• Bills:

  •  Utility bills together

  • Phone bills

  • Mail to the same address

• Affidavit from him

• Affidavit from his dad

• Misc:

  • Travel tickets together

  • Airbnb receipt together

  • His text with my mom

  • Emergency Contact

  • Amazon Subscription together

 

I am wondering if my case, if filed as I-751 with a waiver based on faithful marriage - would that be a strong case? Thank you so much in advance for your help!

[mindthegap 2,590]

Divorce is not a reason for denial, and you can only provide what evidence exists.

 

[Ku Mưa 29]

16 hours ago, khanhkhanhsmith said:

Hi everyone, I created my first post on VJ and I am in need of advice for my case! I came to the U.S as an F-1 student in March 2016 and received my green card as a family-based (through marriage with U.S Citizen) in July 2019. We met on Facebook around the end of 2018 and got married around March 2019. We then filed for the 2 years green card in April 2020 and got approved 3 months after, in July 2020. I was living with him in Eastern Washington the whole time and our marriage was entered as faithful and as happy as it could be, up until the end of 2019. 

 

We have an age gap for 13 years (he is 34 and I am 21), which is the reason why most of our thoughts are not alike. I am primarily focused on my career while he wanted to have children, which I am totally fine with, but I was not 100% supporting the idea at that time. We had fights about that and we made up with each other, but we were not as happy as we were before. At the end of 2019, he got into a DUI, resulting in a huge financial hardship from his lawyer and insurance. I was making minimum wage at that time, while he was earning around $50,000/year. We kept fighting over financial issues and things got worse. In February 2020, I got fired from my job in Easter Washington and could not find any other job due to my career field. I received an offer from Seattle and decided to move to Seattle for that position, along with going back to school in Seattle as well. 

 

We have been physically separated since February 2020 and rarely visited each other due to the Covid-19 situation. He is still extremely supportive of me and we still respect and support each other, however, I do not think we would be able to stay married. Our marriage was real and as truthful as it could be, things unfortunately could not be fixed in terms of love and feelings. 

 

We do have a ton of evidence together, including:

 

• Over 70 pictures

• A lot of text messages

• Finance:

  • Joint tax return of 2019 and 2020

  • Bank statements from 06/2019 - present

  • Credit Card together

  • 401k (He’s on my 401k and I am on his 401k)

• Insurance:

  • Health insurance (I am on his health insurance and he is on my health insurance)

  • Car Insurance (I am on his car insurance)

• Bills:

  •  Utility bills together

  • Phone bills

  • Mail to the same address

• Affidavit from him

• Affidavit from his dad

• Misc:

  • Travel tickets together

  • Airbnb receipt together

  • His text with my mom

  • Emergency Contact

  • Amazon Subscription together

 

I am wondering if my case, if filed as I-751 with a waiver based on faithful marriage - would that be a strong case? Thank you so much in advance for your help!

You will be good girl. Don't stress too much. Base on your nickname, i guess we are the same nationality, maybe i'm wrong :).

Back to your case. i was the same situation with you, i separated with my ex-wife in 3 month after getting 2-year green card and then we divorce few months later, i don't even have joint tax but have another good evidence. At this time i got approved without RFE or interview. it took me 11 months for getting approval from USCIS.

So good luck girl.

Edited September 1, 2020 by Ku Mưa

[Nguyenthingoc129 0]

8 hours ago, Ku Mưa said:

You will be good girl. Don't stress too much. Base on your nickname, i guess we are the same nationality, maybe i'm wrong :).

Back to your case. i was the same situation with you, i separated with my ex-wife in 3 month after getting 2-year green card and then we divorce few months later, i don't even have joint tax but have another good evidence. At this time i got approved without RFE or interview. it took me 11 months for getting approval from USCIS.

So good luck girl.

Thank you so much! and yes I am from Vietnam as well. May I ask you a couple of questions - thank you in advance:

 

1. Did you use a lawyer for your case?

 

2. What is your good evidence if you don't mind sharing?

 

3. When did you file? I am worried that USCIS is strict now in terms of interviews!

[Nguyenthingoc129 0]

On 8/31/2020 at 7:12 PM, mindthegap said:

Divorce is not a reason for denial, and you can only provide what evidence exists.

 

Thank you so much! My worry is that the USC is very supportive and definitely can move forward with filing jointly. We still respect and support each other, just can't fix the marriage. I am wondering if my case is strong enough to file with a divorce waiver, or should I go with filing jointly? 

 

Biggest problem is I am physically separated from him for over 6 months!

[Ku Mưa 29]

9 minutes ago, khanhkhanhsmith said:

Thank you so much! and yes I am from Vietnam as well. May I ask you a couple of questions - thank you in advance:

 

1. Did you use a lawyer for your case?

 

2. What is your good evidence if you don't mind sharing?

 

3. When did you file? I am worried that USCIS is strict now in terms of interviews!

1- No. Form i-751, it’s not hard to fill out. You can do it easily with your English.

2- I had joint lease with electric bills, both name on car title, joint bank, car insurance, pictures. That’s it. We don’t have any joint taxes.

3- i filed in Sep 2019 and got approved in August 2020 without rfe and interview from Texas center.

[Nguyenthingoc129 0]

Tagging @Villanelle for more help with this situation! Appreciate a ton!

[Medi_07 58]

16 minutes ago, khanhkhanhsmith said:

Thank you so much! My worry is that the USC is very supportive and definitely can move forward with filing jointly. We still respect and support each other, just can't fix the marriage. I am wondering if my case is strong enough to file with a divorce waiver, or should I go with filing jointly? 

 

Biggest problem is I am physically separated from him for over 6 months!

Hi there, I don’t think is a good idea to file jointly even if your husband is still supportive. You guys live separately and you don’t want to risk things with USCIS, being divorced isn’t a reason for denial as far as you show that you entered the marriage in good faith. I am not a professional and this is just my point of view.

 you can check with a lawyer, there are lot of law firms that offer free consultation.

I’m  filling mine with a waiver through a lawyer. 
good luck to you 

[Nguyenthingoc129 0]

1 minute ago, Medi_07 said:

Hi there, I don’t think is a good idea to file jointly even if your husband is still supportive. You guys live separately and you don’t want to risk things with USCIS, being divorced isn’t a reason for denial as far as you show that you entered the marriage in good faith. I am not a professional and this is just my point of view.

 you can check with a lawyer, there are lot of law firms that offer free consultation.

I’m  filling mine with a waiver through a lawyer. 
good luck to you 

Thank you so much for that! I do have a lot of good evidence to show. I am still worry because he bought a house with a mortgage way before he met me and we have never thought about adding me to the mortgage at all, would that be a problem to USCIS? 

[Medi_07 58]

6 minutes ago, khanhkhanhsmith said:

Thank you so much for that! I do have a lot of good evidence to show. I am still worry because he bought a house with a mortgage way before he met me and we have never thought about adding me to the mortgage at all, would that be a problem to USCIS? 

Just make sure to provide proves that you lived there and you get mails delivered to his house! If you decide to go with a waiver, you will need to write a statement and explain what happened from the day you met to the separation. 

[Nguyenthingoc129 0]

Just now, Medi_07 said:

Just make sure to provide proves that you lived there and you get mails delivered to his house! If you decide to go with a waiver, you will need to write a statement and explain what happened from the day you met to the separation. 

Yes I do have a lot of mails to that address, along with a ton of utility bills as well. Do you have any idea where I can find a sample letter for explanation? I am extremely careful with my case and I want to prepare my best for the lawyer. 

 

Thank you for your help!

[Medi_07 58]

3 minutes ago, khanhkhanhsmith said:

Yes I do have a lot of mails to that address, along with a ton of utility bills as well. Do you have any idea where I can find a sample letter for explanation? I am extremely careful with my case and I want to prepare my best for the lawyer. 

 

Thank you for your help!

That’s good! I’m sure you will find some samples, it’s pretty straight forward. You basically tell your story or write it like a timeline... 

 

01-01-18

first we met blah blah....

01-20-18

first date.... 

lawyers usually help and guide you with all these things and they basically tell you what to do and what to bring.

good luck

[Nguyenthingoc129 0]

2 hours ago, Medi_07 said:

That’s good! I’m sure you will find some samples, it’s pretty straight forward. You basically tell your story or write it like a timeline... 

 

01-01-18

first we met blah blah....

01-20-18

first date.... 

lawyers usually help and guide you with all these things and they basically tell you what to do and what to bring.

good luck

Thank you! My worry is that we met and get married within a short time. Met online in 12/2018 and married in 03/2019. We got the GC in 07/2018 but started living separate in 02/2020 but still work  things out. I’m worried if this is gonna be a problem? 
  

[Villanelle 4,122]

On 8/31/2020 at 9:52 PM, khanhkhanhsmith said:

Hi everyone, I created my first post on VJ and I am in need of advice for my case! I came to the U.S as an F-1 student in March 2016 and received my green card as a family-based (through marriage with U.S Citizen) in July 2019. We met on Facebook around the end of 2018 and got married around March 2019. We then filed for the 2 years green card in April 2020 and got approved 3 months after, in July 2020. I was living with him in Eastern Washington the whole time and our marriage was entered as faithful and as happy as it could be, up until the end of 2019. 

 

 

This does not make any sense. You say you got your GC in July 2019 and also that you filed for the 2 yr card in April 2020 and got it July 2020. Which is it? 

[Nguyenthingoc129 0]

8 hours ago, Villanelle said:

This does not make any sense. You say you got your GC in July 2019 and also that you filed for the 2 yr card in April 2020 and got it July 2020. Which is it? 

Sorry,

 

That was my bad. Timeline here:

 

- Married 03/2019

- Filed for 2 years Gc 04/2019

- Received 2 years Gc in 07/2019

 

Now I am planning to field ROC in 04/2021. I plan to file divorce in 10/2020.