I-751 Divorce Waiver Lawyer/Self?

[daboy 26]

Hey Guys,

 

Unfortunately after 8 years amazing years together with my wife (3 years married) it looks like that we're calling it quits and getting a divorce.  It's pretty sudden and unexpected so not only is it pretty devastating to handle by itself, but now I'm looking over the ramifications for immigration purposes and would really love some insight.

 

My main question here is wether or not a lawyer is needed for a divorce waiver?  Specifically with the evidence I have.

Whilst we were married, my partner was in full time school for almost the duration of the marriage, so she didn't have a full time job - which left me paying most of the bills.  We also omitted on Health insurance + 401ks as my employer doesn't offer any perks and we were both young and healthy enough to go without them for now.

So my main concern is that maybe an officer would pick up on this and be suspicious?  Especially with the retirement funds.

Again, we were together for 8 years and were college sweethearts so I'd like to think that it was pretty obvious that the marriage was entered in good faith, you just never know with USCIS!

 

I made a little list and so far I have the following:

Financials

• 2019+2018 Tax returns

• w2s

• Joint Amex Credit Cards

• Joint Auto loan paid off

• Joint Mortgage approval and bid

• Joint life insurance quote

• Cancelled check

• Rent payments from my account

• Venmo transactions

• Buying her a laptop for Christmas 

• DRIVERS LICENCE's at same address

• Diploma from Hair school stating same address 

• Car titles

• Amazon packages

• Travel tickets

 

Bills

• Electric bills in her name

• T-mobile bill in her name

• Xfinity in my name

• Sam’s club joint

• Joint auto insurance

• Joint Dental

• Living will

• Lease agreement plus extensions

• Other car payments and documents from both of us

• Accident with Rav4 detailing both of us in e-mail notices

• Joint cat bills for vet care

 

Evidence of living together 

• Marriage therapy receipts over the last few years

• Trips together:  Vietnam, UK, Amsterdam, Florida, New Jersey

• Itinerary and car insurance rental for both of us

• Visas pictures receipts for Vietnam 

• Social Media Snapshots

• Instagram Facebook

• Siblings social Media

• Mothers social media

• Letters from family weddings with both names

• Tickets for both of us

• Pictures

• New years

 

Possibility of around 5 good affidavits 

 

 

How does it look?  Would you get a lawyer?

 

Thank you!!! :)

 

[Allaboutwaiting 2,503]

Your evidence seems pretty solid. You just need to include the actual divorce decree, check the "divorce" boxes on the form and you're set.

Regarding healthcare and the 401k, write a letter explaining the situation.

No need to involve a lawyer.

Edited May 18, 2021 by Allaboutwaiting

[daboy 26]

@Allaboutwaiting 

Thank you!

[Boiler 45,516]

Very rare for a Divorce Waiver to fail and the few I have come across have had shall we say big time issues.

[mindthegap 2,590]

Divorce is not a reason for denial

[Wuozopo 4,293]

17 hours ago, daboy said:

My main question here is wether or not a lawyer is needed for a divorce waiver?  Specifically with the evidence I have.

This can be done without a lawyer. Are you the immigrant?

The divorce has to be final, but you can send the application and get an RFE for the decree and supply later. Don’t apply late.

 

You have enough evidence but your organization is a bit wonky. For example Drivers license at same address has no financial commingling. It does show living at same address. Go over you list again and focus on things that show both names on the document like joint tax returns, joint bank accounts and credit cards. A lease in one name doesn’t prove anything for example. You didn’t say if both names were on that. Also remember you need an assortment of documents from early in the marriage to present, so make sure you show older dates on statements as well as most recent. 
 

I think the 401k and health insurance are non-players in this case. Lots don’t get that and nobody gets “suspicious”. Don’t bring it up with some explanation to remind them what you don’t have. Just include your best evidence with both names and don’t think up things you don’t have to explain. Stick with the positives.

[Villanelle 4,122]

2020 taxes? 

 

Also you should sort your evidence into the following 4 categories rather than the 3 you listed out in your post. 

1- lived together 

2-shared financial responsibilities

3-shared life experiences 

4- planned for the future together

 

Here is a link to a somewhat recent post with more details on the 4 categories and drafting a cover letter/assembling the package. Obviously your situation is different from that users but the information in general is the same.  https://www.visajourney.com/forums/topic/758354-for-i751-affidavit-of-support/?do=findComment&comment=10401964

[daboy 26]

@Boiler Thank you for the input, after reading some of the other guides/law forums out there it seemed as if the denial rate was really high and problematic. 

Good to see a fellow welshman around too :) 

[daboy 26]

@mindthegapThank you for your input :) Reading over some of the other ***removed*** sights there's a lot of conflicting info out there.

As far as enough evidence, would you see this being a problem?

[daboy 26]

@Wuozopo Thank you for your detailed response!

I'm the immigrant.  So that was my next question, we haven't even begin filing for divorce yet and my 2 year GC expires in 2 months.  Should I file with a waiver with an attachment that a divorce is pending?

 

I know the evidence is a little wonky lol - I'm gonna try and sort it out somewhat.  I have a lot of joint bills and leases etc but some of the main bills like cable and electric were only in one name as they didn't allow joint account holders.  Would you still include these?

And then finally you mentioned about not mentioning the 401ks.  Should I not even put a comment in the cover later stating the reasons for not having one set up?

 

Thank you!!!

[daboy 26]

@Villanelle Thank you for the insight!!

No 2020 joint taxes as we were separated at the point of filing, so they were filed married filing separately.  Do you think this will be a problem?  

I'll check that link out now!

Thank you :)

[RamonGomez 271]

If money isn't an issue I would definitely hire a reputable lawyer, especially if you have to attend an interview down the road.

[mindthegap 2,590]

12 minutes ago, daboy said:

we haven't even begin filing for divorce yet and my 2 year GC expires in 2 months.  Should I file with a waiver with an attachment that a divorce is pending?

If filing with a divorce waiver the 90 day window does not apply and you can file at any time before, during, or after the joint filing 90 day window.  
It even states this on page 1 of the instructions. 
 

 

[USC4SPOUSE 506]

2 hours ago, daboy said:

@Wuozopo Thank you for your detailed response!

I'm the immigrant.  So that was my next question, we haven't even begin filing for divorce yet and my 2 year GC expires in 2 months.  Should I file with a waiver with an attachment that a divorce is pending?

 

I know the evidence is a little wonky lol - I'm gonna try and sort it out somewhat.  I have a lot of joint bills and leases etc but some of the main bills like cable and electric were only in one name as they didn't allow joint account holders.  Would you still include these?

And then finally you mentioned about not mentioning the 401ks.  Should I not even put a comment in the cover later stating the reasons for not having one set up?

 

Thank you!!!

I would still include those bills because they still show the address where you both reside/resided. Those are still shared financial responsibilities.

I think your evidence looks solid. Sometimes things just do not work out. That's life.

An affidavit from your spouse would probably be helpful but it's not a must either. 

If you listed her as your emergency contact anywhere (at work, gym membership, doctor's office, etc), I would include that.

 

All the best,

 

USC4SPOUSE

[Wuozopo 4,293]

3 hours ago, daboy said:

@Wuozopo Thank you for your detailed response!

I'm the immigrant.  So that was my next question, we haven't even begin filing for divorce yet and my 2 year GC expires in 2 months.  Should I file with a waiver with an attachment that a divorce is pending?

 

I know the evidence is a little wonky lol - I'm gonna try and sort it out somewhat.  I have a lot of joint bills and leases etc but some of the main bills like cable and electric were only in one name as they didn't allow joint account holders.  Would you still include these?

And then finally you mentioned about not mentioning the 401ks.  Should I not even put a comment in the cover later stating the reasons for not having one set up?

 

Thank you!!!

We did not file as a waiver, but I can give you an example of mine that flew through just fine with no interview. 

My wife had a  401k but her grown kids were beneficiaries so it wasn’t mentioned because it didn’t help. She already owned her house outright so no lease, mortgage, or joint ownership to show. Not mentioned. We bought a new house but the whole thing was easier to get a mortgage by herself than add an English bloke with no job and no US credit record, having not been in the country very long. So I was still not on any housing record. All the utility bills were long established in her name and she didn’t go change all that, just changed service address when we moved. Our water company changed so we added me to that...just one bill jointly. We didn’t have the same mobile phone company or health insurance. There was no cover letter. Yet somehow all that didn’t matter.
 

We did have joint bank account, joint tax returns, me on five credit card with her. We had driver licenses at same address, both names on the vet and dentist bills, trips with boarding passes showing we sat next to each other, receipt for a class we took together, library cards at same place, both on car purchase and car insurance. And a number of photos with friends and family, holidays, London trip, and just doing normal couple things like selfie with the cats, decorating (painting) at new house, putting up the Christmas tree, etc. No affidavits. You’ve got so many good things including marriage counseling to show you tried to work things out. You just have to show you entered your marriage in good faith and not to get a greencard. Give them a glimpse of a real married couple. Not all couples run their lives the same way so all won’t have the same evidence.