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I-751 Divorce Waiver Experiences

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On 3/12/2021 at 4:10 PM, EvieMN said:

Just checking in here to follow your journey and share my experience as well.

 

I filed jointly with my spouse November 2019. 
We separated a few months after but didn’t file for a divorce until November 2020. 
I got a RFE in October so I used that to inform them that we’re going through a divorce. Also because I didn’t have any additional evidence to provide them with. 
My case was transferred to NBC in February and I got my interview notice a week ago - it will be on April 19th! 
 

I started working with a lawyer after I knew that we’d be going forward with the divorce. They helped me answer the RFE and will be accompanying me to the interview. 
My only concern is that I don’t have a divorce decree just yet. I have a hearing on Tuesday so hopefully it will be finalized then. 

Hi EvieMN! Goodluck with your interview! I am in a similar situation where I dont have divorce decree but my spouse and I are only separated. My spouse and I filed together but he recently sent a letter to USCIS mentioning something about divorce or separation and they sent an RFE. We have been married for 4 years and have a 19 month old daughter. I would love to hear more about your experience as i dont have a divorce decree and am very worried as to what to do. Even if we file soon we wont have anything by the time im supposed to provide evidence. Also will your ex-spouse be accompanying you to the interview?

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Filed: AOS (apr) Country: Bulgaria
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43 minutes ago, MK878 said:

Hi EvieMN! Goodluck with your interview! I am in a similar situation where I dont have divorce decree but my spouse and I are only separated. My spouse and I filed together but he recently sent a letter to USCIS mentioning something about divorce or separation and they sent an RFE. We have been married for 4 years and have a 19 month old daughter. I would love to hear more about your experience as i dont have a divorce decree and am very worried as to what to do. Even if we file soon we wont have anything by the time im supposed to provide evidence. Also will your ex-spouse be accompanying you to the interview?

Hi! I already had my interview and received my green card. 
For your case, the most important thing is - do you think there is any hope for your marriage? If not, file for divorce as soon as possible. Even if you don’t have the divorce decree, respond to the RFE before the given deadline and give them whatever additional evidence you have that you didn’t include in your original filing. I’m not an expert and I did use a lawyer but I would definitely include a statement from yourself outlining what has happened/is happening with your spouse. I also didn’t have my divorce finalized when they asked for more evidence and my lawyers sent a similar statement. I provided the divorce decree at my interview. And no, my ex wasn’t at the interview. Once you switch to a divorce waiver, typically the ex spouses aren’t involved anymore. 

05/24/2017 Entered the US on a J1 visa

10/10/2017 We got married!

10/27/2017 AOS Package sent via USPS - Chicago Lockbox

10/30/2017 Package delivered 

10/31/2017 Priority Date

11/07/2017 Received email and text notifications about all 4 forms

11/14/2017 Received hard copies of all 4 NOAs

11/21/2017 Received biometrics appointment notice scheduled for 11/29

12/15/2017 Interview notice - interview is scheduled for January 19th! Holy #$%^ that's less than 3 months from PD!

01/02/2018 EAD + AP approved

01/16/2018 Combo card delivered

01/19/2018 Interview - recommended for approval

01/22/2018 New card is being produced :dance:

 

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13 hours ago, MK878 said:

dont have a divorce decree and am very worried as to what to do. Even if we file soon we wont have anything by the time im supposed to provide evidence. Also will your ex-spouse be accompanying you to the interview

Your husband “ sent letter to USCIS “ telling them he is divorcing you BUT as you indicated, he has not filed for divorce…and you know he did that to hurt you, out of spite, anger… You have nothing to worry about , other than deciding if you want to stay in the marriage.

1. IF you want to stay in the marriage and communication w your husband is still possible, then when the interview comes both of you can go ( u don’t have to be living together at time of the interview if relationship is still on the rocks, by law you are still legally married and USCIS can only look at THE EVIDENCE bonafides of the 2 years BEFORE I-751 filing ). IN this case you respond to RFE w anything new u have ( remember it’s evidence from date of LPR to Date of Filing I-751..don’t worry about the in between time frame ) and say you and husband request for JOINT INTERVIEW to be scheduled…which may happen quickly after that. 
But don’t worry if you do this and assuming you both agree to save marriage and he changes his mind at last moment . You can show up by yourself at the interview and tell USCIS you are amending I-751 to Divorce Waiver.

 

2. IF YOU decide to throw in the towel and divorce, then file for divorce asap and ask the court to Bifurcate ( u get a faster divorce status while other issues like custody can take their time). That spiteful notice he sent to USCIS will actually help you in Family Court get a faster status only divorce. )
 

No matter what happens to the marriage, you have NOTHING to worry about…other than make a decision to save your marriage or file for divorce 
 

 

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Filed: Citizen (apr) Country: Argentina
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2 hours ago, Family said:

USCIS can only look at THE EVIDENCE bonafides of the 2 years BEFORE I-751 filing )

Not 100% true. If they decide to go to the interview together, USCIS can definitely ask for newer, updated evidence in light of what the husband just did.

 

2 hours ago, Family said:

IN this case you respond to RFE w anything new u have ( remember it’s evidence from date of LPR to Date of Filing I-751..don’t worry about the in between time frame )

This is a little off. OP must have included everything she had when she filed for I-751. The request for evidence is most likely going to ask for updated evidence. Sending them what they already have/old evidence + what the husband did will almost guarantee a denial. Either your wording is not clear, or we have 100% different points of view.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Argentina
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16 hours ago, MK878 said:

Hi EvieMN! Goodluck with your interview! I am in a similar situation where I dont have divorce decree but my spouse and I are only separated. My spouse and I filed together but he recently sent a letter to USCIS mentioning something about divorce or separation and they sent an RFE. We have been married for 4 years and have a 19 month old daughter. I would love to hear more about your experience as i dont have a divorce decree and am very worried as to what to do. Even if we file soon we wont have anything by the time im supposed to provide evidence. Also will your ex-spouse be accompanying you to the interview?

Has your husband already filed for divorce? Is he being 100% honest about it? 

Regardless of what you decide to do, in between now and the interview date you should still be collecting evidence of a bona fide relationship. If you decide to work it out, you should attend the interview together and be honest about it only if asked. Do not offer extra information, but if they do ask, of course be honest. 

If you decide to divorce, you should do it sooner rather than later in order to get the divorce decree. You do not need to inform USCIS of your divorce right away; you can go to the interview and request to switch to a divorce waiver. If you have it, you submit it there, if you don't, ideally, having filed for divorce a few months prior will buy you time, and it should not be hard to obtain. But you still have to prove that you entered the marriage in good faith, and not to circumvent immigration laws. 

Sometimes, exes can be cooperative and write an affidavit saying that your marriage was genuine, but it didn't work out. Unfortunately yours doesn't seem to be that nice, so don't count on it. 

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Thank you @Rocio0010 @Family @EvieMN for your kind words and help! so appreciated!

I definitely am going for divorce but because this just one of the things he's done and there is a lot else he has been doing, I hadn't filed or served him. He definitely will not participate or be of any help in the interview and any documentation required so option 2 is the only route. 

Approx, how long did it take you to get the divorce decree from date of filing? Also im based in nyc so please share details of any good immigration lawyers you may know! We have a 19 month old daughter who's been with me throughout the separation and i know he will delay proceedings for custody even though he barely comes to meet her so bifurcate divorce is an interesting option! much appreciate your help!

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Filed: Citizen (apr) Country: Argentina
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12 minutes ago, MK878 said:

Thank you @Rocio0010 @Family @EvieMN for your kind words and help! so appreciated!

I definitely am going for divorce but because this just one of the things he's done and there is a lot else he has been doing, I hadn't filed or served him. He definitely will not participate or be of any help in the interview and any documentation required so option 2 is the only route. 

Approx, how long did it take you to get the divorce decree from date of filing? Also im based in nyc so please share details of any good immigration lawyers you may know! We have a 19 month old daughter who's been with me throughout the separation and i know he will delay proceedings for custody even though he barely comes to meet her so bifurcate divorce is an interesting option! much appreciate your help!

Immigration is federal so any immigration attorney can help you, even if outside of the US. Go with Jim Hacking, hands down. Has a YouTube show.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Prioritize your budget for a good divorce lawyer first, sounds like it will be difficult. Don’t lose a moment’s sleep worrying about your LPR status. Response  to RFE can be as simple as “ My husband has threatened divorce along with many other things, but we are not currently  in divorce proceedings.” . 
 



 

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Filed: Citizen (apr) Country: Argentina
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Forgot to say that sometimes , more often than not, the interview is waived, but you still have the obligation to let them know about the divorce.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Thank you so much both! Super helpful. I was more worried about possibly having to leave the country but I was assured by a lawyer aswell that the process may take longer than expected but it will be fine! So grateful for the guidance and it seems on point. My lawyer suggested filing for divorce and sending any associate court papers as proof to switch waiver. 

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Filed: Citizen (apr) Country: Canada
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~~Hijack post removed. Please do not post your question more then once. It is considered spamming and will put your account at risk~~

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Cards Received01-22-09
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