Filing for I751 after divorce

[leila85 12]

@mushroomspore thank you ☺️ well I divorced so that’s why I need more supporting evidences like affidavits. I did sent him everything from the beginning but even tho it’s a lot of documents 4 months of waiting is a way too long.... is not really hard for a native speaker to correct simple testimonials lol. My friend had a very complicated case and her lawyer did not take long at all. Too bad she’s from Florida otherwise I would have hired her instead 😞

[towson15 15]

5 minutes ago, leila85 said:

@mushroomspore thank you ☺️ well I divorced so that’s why I need more supporting evidences like affidavits. I did sent him everything from the beginning but even tho it’s a lot of documents 4 months of waiting is a way too long.... is not really hard for a native speaker to correct simple testimonials lol. My friend had a very complicated case and her lawyer did not take long at all. Too bad she’s from Florida otherwise I would have hired her instead 😞

Hi. I applied with divorce waiver and my case was approved without interview. I prepared all the case file by myself. I don’t think that you need an attorney as attorney cannot alter what evidence you have. Just for your information: I sent no pictures and no affidavits but sent a lot of primary evidence. Goodluck to you...

Edited June 4, 2021 by towson15

[Timona 4,208]

25 minutes ago, leila85 said:

@mushroomspore thank you ☺️ well I divorced so that’s why I need more supporting evidences like affidavits. I did sent him everything from the beginning but even tho it’s a lot of documents 4 months of waiting is a way too long.... is not really hard for a native speaker to correct simple testimonials lol. My friend had a very complicated case and her lawyer did not take long at all. Too bad she’s from Florida otherwise I would have hired her instead 😞

 

You say you have tons of evidence....why do you need an affidavit? Affidavits are lightweight and used mostly as a last case scenario as they can be written by anyone. 

I-751 is less than 11pages, some of which don't even pertain to you. So you end up with like 5 pages to fill. 

 

There are guidelines here. You can also read its instructions and what you can submit. 

 

Lawyer won't do anything magical. See, from your own words, he told you he'd file immediately but this later changed as soon as he secured the $$$. You've now wasted 2 months. Additionally, from your own words, it's the assistant who's dealing with you. I'm pretty sure the assistant doesn't have law degree. Most are just clerks. You can fill this form within 20 mins. Don't you know your name? Address? SSN etc? Infact unbeknownst to you, you already did fill the I-751 by providing the information to them. Ditch the lawyer. Ask for your money back. File yourself by tomorrow.

Edited June 4, 2021 by Timona

[Timona 4,208]

22 hours ago, Mike E said:

Our attorney wants to meet us 120 days before my wife’s green card expires and she plans  to file at exactly 90 days before the gc is filed. IOW  she wants just 30 days to organize the I-751 
 

Since you are already divorced you don’t have to wait until 90 days before your gc expires.  
 

Something seems off with what your lawyer is doing.  

 

Ditch the lawyer. This is a recipe for disaster. File way inside the 90 days NOT at the 90 day mark, unless you want to go back at the beginning of the queue upon USCIS rejection, which might happen months later.

 

You don't need an attorney by the way. Save your money.

Edited June 4, 2021 by Timona

[Mike E 11,742]

23 hours ago, Mike E said:

Our attorney wants to meet us 120 days before my wife’s green card expires and she plans  to file at exactly 90 days before the gc is filed. IOW  she wants just 30 days to organize the I-751 
 

Since you are already divorced you don’t have to wait until 90 days before your gc expires.  
 

Something seems off with what your lawyer is doing.  

 

 

 

21 minutes ago, Timona said:

This is a recipe for disaster. File way inside the 90 days NOT at the 90 day mark

Why would I file "way inside the 90 days", i.e. near the deadline and thus

1. increase the risk missing the deadline, and therefore putting my wife's liberty in jeopardy? 
2. delay when USCIS considers our case, and thus delays when the case is approved, and thus delays when we get a 10 year green card and potentially delays when the citizenship application one year later is ultimately approved?

And "way inside" is meaningless to me. Does it mean at 89 days? 1 day? 45 days? Without specificity your advice is unactionable. 

 

21 minutes ago, Timona said:

unless you want to go back at the beginning of the queue upon USCIS rejection, which might happen months later.

Why does a USCIS rejection for a filing "way inside the 90 days" not result in going to beginning of the queue and a why does a USCIS rejection for a filing "at the 90 day mark" result in going to beginning of the queue?

 

Any rejection is going to result in going to beginning of the queue. A rejection for a filing at 90 days means there is higher chance the new filing can done before green card expires, and regardless means that problem is addressed sooner rather than later.

 

And why do you assume an I-751 filing will be rejected? 

 

I don't see anything good resulting from waiting to file I-751. Perhaps you can explain what I am missing.

 

21 minutes ago, Timona said:

You don't need an attorney by the way. Save your money.

 

"Give me the luxuries of life and I will willingly do without the necessities."
- Frank Lloyd Wright 

 

 

[mushroomspore 3,044]

9 hours ago, leila85 said:

@mushroomspore thank you ☺️ well I divorced so that’s why I need more supporting evidences like affidavits. I did sent him everything from the beginning but even tho it’s a lot of documents 4 months of waiting is a way too long.... is not really hard for a native speaker to correct simple testimonials lol. My friend had a very complicated case and her lawyer did not take long at all. Too bad she’s from Florida otherwise I would have hired her instead 😞

Just because you're divorced doesn't mean you need the third-party affidavits. 

[USC4SPOUSE 506]

@leila85, you can also just ask your lawyer to prioritize your case. By the way, you won't be out of status. (I think I read you mentioned that concern on an earlier post). All you need is your NOA which is an extension letter for 18 months. Hopefully, your case gets routed to the Texas Service Center. That is the fastest of all Service Centers at processing I-751.

 

I suppose it does not hurt to have affidavits from your in-laws, especially if you get them notarized. There is no correct format. The more organic they are, the better. Best wishes.

 

[leila85 12]

@USC4SPOUSE thank you 🙏 I’ll get them all notarized but my ex husband one it’s already done tho and notarized. 
The attorney said that now to get that extension is getting up to 8 weeks cause of Covid 😟 and if I don’t have that I won’t even be able to renew my drive license or travel abroad and he should know better lol. But I am gonna call them today and see what is going on because at this point if I do it by myself I can file faster 

[USC4SPOUSE 506]

2 minutes ago, leila85 said:

@USC4SPOUSE thank you 🙏 I’ll get them all notarized but my ex husband one it’s already done tho and notarized. 
The attorney said that now to get that extension is getting up to 8 weeks cause of Covid 😟 and if I don’t have that I won’t even be able to renew my drive license or travel abroad and he should know better lol. But I am gonna call them today and see what is going on because at this point if I do it by myself I can file faster 

@leila85, your ex-husband's affidavit is probably the most important one. That is great. 

You can look through the timelines that people have posted recently and see that folks have been getting the extension letter within 3 weeks. USCIS received our package on the 7th of May. We got the NOA (extension letter) sometime between 5/25 and 5/28. It does not take 8 weeks. 

[Chocobo 196]

From date of delivery to receipt of the NOA is about 5(ish) weeks.  Definitely not 8 weeks.  

[leila85 12]

@USC4SPOUSE thank you so much for the info! I just contacted the office and they said they are going to let me know next week. So this week I didn’t receive any updates yet. Definitely going to file by myself if I don’t have everything ready by Tuesday it has been a way too long is not even a very complicated case. But thanks and I’ll keep you posted good luck to you too 😀

[leila85 12]

@towson15 hi thank you so much. I do have evidences I just thought it would have been easier and faster with an attorney but it is not. Like you said I would have already filed it I did it myself. To be honest it might have been hard to organize everything but at least it would have been done. And now I just talked to them and they said they’ll contact me back next week so much bs 🤢 and I’m paying for this lol. Thanks a lot anyway 

[leila85 12]

@Timona I agree with @Mike E it is better to file as soon as you can to avoid delays and just to make sure that if something happens there is enough time to fix the mistake. He’s not going to be rejected there is a calculator on the uscis website who tells you the first day you can file. I would have already filed if he depended by me. Besides their attorney seems more knowledgeable and professional than mine definitely since he/she is prioritizing their case and not letting them missing the dead line like mine is doing. Anyway I am pisses that I waites so much for nothing 😞

[Timona 4,208]

On 6/4/2021 at 12:00 AM, Mike E said:

 

 

 

Why would I file "way inside the 90 days", i.e. near the deadline and thus

1. increase the risk missing the deadline, and therefore putting my wife's liberty in jeopardy? 
2. delay when USCIS considers our case, and thus delays when the case is approved, and thus delays when we get a 10 year green card and potentially delays when the citizenship application one year later is ultimately approved?

And "way inside" is meaningless to me. Does it mean at 89 days? 1 day? 45 days? Without specificity your advice is unactionable. 

 

Why does a USCIS rejection for a filing "way inside the 90 days" not result in going to beginning of the queue and a why does a USCIS rejection for a filing "at the 90 day mark" result in going to beginning of the queue?

 

Any rejection is going to result in going to beginning of the queue. A rejection for a filing at 90 days means there is higher chance the new filing can done before green card expires, and regardless means that problem is addressed sooner rather than later.

 

And why do you assume an I-751 filing will be rejected? 

 

I don't see anything good resulting from waiting to file I-751. Perhaps you can explain what I am missing.

 

 

"Give me the luxuries of life and I will willingly do without the necessities."
- Frank Lloyd Wright 

 

 

 

You've been on VJ for long to know that filing something immediately the window opens is a recipe for disaster. I'm actually surprised you're checking me on this. So I'd suggest filing 10 days in.

 

As you know, it's currently taking USCIS 2-3 months to receive paperwork, cash checks and issue receipts. You don't want to wait for that long only for yours to get rejected because of early filing. 

 

Remember, USCIS doesn't take timezones into consideration. There are a lot of stories here in VJ of people who got rejected because they filed immediately their window opened. 

 

That's all I can tell you.

[Mike E 11,742]

26 minutes ago, Timona said:

Remember, USCIS doesn't take timezones into consideration.

 

 

I am in the pacific time zone.  Assuming

 

* a post office is open at 12:01 am (I could imagine Los Angeles has one)

 

*   I mail the I-751 at 12:01 am exactly 90 days before her green card expires, and 

 

* this post office  instantly teleports the package to USCIS,

 

what can possibly happen? Is there I-751 processing in Hawaii? AFAIK cases are sent to Phoenix.  

 

26 minutes ago, Timona said:

There are a lot of stories here in VJ of people who got rejected because they filed immediately their window opened. 

I recall one case where someone filed at 91 days thinking it would take at least a day to arrive and it would thus arrive at 90 days. Instead it arrived same day.  
 

I am curious about specifics on cases where people filed the day the 90 day window opened and the case was rejected for filing too early.  I am thinking these would have been cases sent from major cities in the APAC region where it is possible to leave on day X and arrive in the USA on day X-1.  
 

Regardless it seems like the answer is to set your phone’s clock to MST time when calculating the window.  Versus sacrificing 10 full days.  

 

Or is your concern as much about USCIS erroneously miscalculating and thus causing 3 month delay?