Congratulations! It’s a divorce!

[thatguyuknow 147]

Well boys and girls, I’m back. After being married for 3.5 years my partner has been doing the dirty and we’re going through a separation. 
 

Sometime next week we should be able to file the paperwork and get the process moving forward for a no fault, nothing contested divorce.

 

I just wonder where this puts me with immigration? The I-751 was filed back in January jointly.

 

Main points:

1. Should I write to uscis advising them we are getting a divorce? - new I-751?

2. If I write to them I will get an rfe, what if the divorce is not finalized.

3.If I don’t have a final divorce decree for interview will I be put in removal proceedings or will I be living on extensions until the divorce is finalized?

4. My case is at NBC, so will likely get an interview. I take it if I can’t get them to play nice it will go against me if they don’t come with me to interview?

 

 

Thank you all in advance. Wonderful people. 

[Crazy Cat 41,888]

You can change from a joint petition to a divorce waiver at the interview. You might have the divorce decree by then. 

[thatguyuknow 147]

13 minutes ago, Lucky Cat said:

You might have the divorce decree by then. 

Meh, it’s taking ages to get divorces finalized because of covid.

 

Should I write to them? I know you can have problems with citizenship down the road if your go is issued without them being aware of the divorce (Incase I don’t go for interview)

[Crazy Cat 41,888]

1 minute ago, thatguyuknow said:

Meh, it’s taking ages to get divorces finalized because of covid.

 

Should I write to them? I know you can have problems with citizenship down the road if your go is issued without them being aware of the divorce (Incase I don’t go for interview)

You could write to them now......but they might issue an RFE NOW.  That would give you only a limited time to submit the divorce decree.  Waiting until your interview will give you more time.  Just an idea.

[thatguyuknow 147]

Just now, Lucky Cat said:

You could write to them now......but they might issue an RFE NOW.  That would give you only a limited time to submit the divorce decree.  Waiting until your interview will give you more time.  Just an idea.

Cool, done. I won’t bother writing then. Or maybe if hopefully I get it by the end of the year I’ll write, 

Thank you. 

[Crazy Cat 41,888]

Just now, thatguyuknow said:

Cool, done. I won’t bother writing then. Or maybe if hopefully I get it by the end of the year I’ll write, 

Thank you. 

I'm not an expert in the area of divorce waivers.  Hopefully, more experienced members can chime in.  Personally, my wife's case is at MSC.  We filed her I-751 in March 2019.  We are still waiting for an interview....😒.  Since she entered via a CR-1, we WILL get an interview.

[sweetadams 138]

3 hours ago, thatguyuknow said:

Well boys and girls, I’m back. After being married for 3.5 years my partner has been doing the dirty and we’re going through a separation. 
 

Sometime next week we should be able to file the paperwork and get the process moving forward for a no fault, nothing contested divorce.

 

I just wonder where this puts me with immigration? The I-751 was filed back in January jointly.

 

Main points:

1. Should I write to uscis advising them we are getting a divorce? - new I-751?  Wait until your either get a finalized divorce decree, or you can change it at the interview if you get called in for interview before the divorce is final.

2. If I write to them I will get an rfe, what if the divorce is not finalized. Yes you will definitely get an RFE, not having the finalized decree in before the RFE due date puts you in a mess.

3.If I don’t have a final divorce decree for interview will I be put in removal proceedings or will I be living on extensions until the divorce is finalized? No, as long as you notify IO before the start of your interview of your intention to switch from a joint filing to a divorce waiver. He will issue you and RFE or simply reschedule your interview till when you get the finalized divorce.

4. My case is at NBC, so will likely get an interview. I take it if I can’t get them to play nice it will go against me if they don’t come with me to interview? I believe you mean your ex-spouse here? Since you will be changing to a divorce waiver, you do not need your ex for the interview.

 

 

Thank you all in advance. Wonderful people. 

 

[Crazy Cat 41,888]

2 minutes ago, sweetadams said:

 

I agree.  It seems to me that waiting until the interviews to declare a change to a divorce waiver gives @thatguyuknow more flexibility.....

Edited May 24, 2021 by Lucky Cat

[mindthegap 2,590]

On 5/24/2021 at 9:57 AM, thatguyuknow said:

Should I write to uscis advising them we are getting a divorce? 

Yes, no, maybe.

In the eyes of USCIS there is married or divorced - no separated so until you notify them, it is still a joint filing. 

 

 

The timing here is tricky because you have already filed. 

The problem is that if you tell them now, they may RFE you for the final decree immediately, or it may take time. 

If they do so immediately and, say divorce take a year in your state, then you have problems as you can't provide it in time. 

 

There is no guarantee you will get an interview as your current filing is joint, and consequently you may also get approved before notifying them, which has its own set of potential problems further down the line as you correctly note. 

 

You are best off waiting until after filing for divorce and before the divorce is final, but when you know it will be final in a few months, and writing to them then to notify them then. That way if an RFE comes quickly you can provide it. 

 

 

On 5/24/2021 at 9:57 AM, thatguyuknow said:

new I-751?

 

 

No. Accepted policy is to switch from a joint to solo filing in the event of divorce. No refiling or fee required.

 

On 5/24/2021 at 9:57 AM, thatguyuknow said:

If I don’t have a final divorce decree for interview will I be put in removal proceedings or will I be living on extensions until the divorce is finalized?

If at interview you requested a switch, they would RFE you. Standard response time for an RFE is 90 days but can be less. 

If you cant provide it when RFE'd, then yes, you would get a denial.

You could then go to court and provide the decree to the judge, or you could refile. 

This is why the timing is tricky for you...but that is a whole different scenario of what ifs or maybes, that you are a long way from, so don't stress about it for now. 

 

 

On 5/24/2021 at 9:57 AM, thatguyuknow said:

I take it if I can’t get them to play nice it will go against me if they don’t come with me to interview?

Divorce is not a reason for denial. A bitter spouse talking (removed) may well lead to one (take me as a perfect example that this can happen).

Unlike a joint filing where the spouse MUST attend, your former spouse does not have to attend any interview if you have switched or are switching to a divorce waiver. You are welcome to bring them along if they will support your case and aren't malicious, but it is not a requirement at all. 

Edited May 25, 2021 by Ontarkie
by-passing language filter

[thatguyuknow 147]

1 hour ago, sweetadams said:

 

Done, done and done. Thank you! 

[mdma11 121]

Sorry to hear. Seems like you got a good handle on things even though these things are never easy.

[thatguyuknow 147]

20 hours ago, mindthegap said:

Yes, no, maybe.

 

Great! Fantastic from everyone. Thank you!!!

 

18 hours ago, mdma11 said:

Sorry to hear. 

Meh, it is what it is. Some people are just evil. Worst part was it wasn't just one person but 3 randoms, also one was married with 2 kids, so there is that. 

 

Honestly this forum is incredible. I honestly can't thank you guys enough. 

Edited May 25, 2021 by thatguyuknow

[mdma11 121]

1 hour ago, thatguyuknow said:

Great! Fantastic from everyone. Thank you!!!

 

Meh, it is what it is. Some people are just evil. Worst part was it wasn't just one person but 3 randoms, also one was married with 2 kids, so there is that. 

 

Honestly this forum is incredible. I honestly can't thank you guys enough. 

Wow. Always look on the bright side. All you can do really. Enjoy the free agency and all that dead weight off your shoulders! 

[Mill&bill 131]

On 5/24/2021 at 8:44 AM, Lucky Cat said:

I'm not an expert in the area of divorce waivers.  Hopefully, more experienced members can chime in.  Personally, my wife's case is at MSC.  We filed her I-751 in March 2019.  We are still waiting for an interview....😒.  Since she entered via a CR-1, we WILL get an interview.

did u apply for citizenship and what is your state and field office?