I-751 Divorce Waiver Experiences

[MK878 16]

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?

[EvieMN 105]

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. 

[Family 3,988]

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 
 

 

[Rocio0010 5,579]

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.

[Rocio0010 5,579]

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. 

[MK878 16]

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!

[Rocio0010 5,579]

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.

[Family 3,988]

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.” . 
 

 

[Rocio0010 5,579]

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.

[MK878 16]

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. 

[Ontarkie 14,226]

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