I751 pending while filing the divorce

[Ani2 24]

Hello guys,

So me and my husband applied for a divorce, it’s uncontested divorce, both parties agreed. It won’t take too long for the divorce to be finalized. Back in May, I already applied for the I 751 - joint. After I get my divorce decree, what else do I need to sent to USCIS ? And do I have to fill the same form again but just under a waiver ? Do I need to explain why did we break up in the letter ? I appreciate your help , thank you

 

[da95826 387]

2 hours ago, Ani2 said:

After I get my divorce decree, what else do I need to sent to USCIS ?

You should submit a letter to the USCIS office handing your case and request your i751 joint application be converted to a i751 waiver case based on devorce of a bona fide marriage. 

 

Use the address in the receipt notice to send the letter to, include a copy of recept notice, A-number, Recept Notice number copy of devorce papers you have.

 

You can also convert your i751 joint application to a i751 waiver in writing at an i751 interview.

 

If you convert your i751 case you do not need to fill out the i751 form again.

 

You should notify USCIS soon about the devorce filing as getting your joint i751 approved AFTER you separate or get a final devorce decree before you joint i751 approved would be a problem later with USCIS when you natulizes as USCIS will question whether or not your i751 was approved correctly.

[Ani2 24]

6 minutes ago, da95826 said:

You should submit a letter to the USCIS office handing your case and request your i751 joint application be converted to a i751 waiver case based on devorce of a bona fide marriage. 

 

Use the address in the receipt notice to send the letter to, include a copy of recept notice, A-number, Recept Notice number copy of devorce papers you have.

 

You can also convert your i751 joint application to a i751 waiver in writing at an i751 interview.

 

If you convert your i751 case you do not need to fill out the i751 form again.

 

You should notify USCIS soon about the devorce filing as getting your joint i751 approved AFTER you separate or get a final devorce decree before you joint i751 approved would be a problem later with USCIS when you natulizes as USCIS will question whether or not your i751 was approved correctly.

The thing is, we still live together because we have a lot of bills and trying to save some money , both of us. Can I still do the whole procces even if I live on the same adress with my ex? 

[da95826 387]

1 hour ago, Ani2 said:

Can I still do the whole procces even if I live on the same adress with my ex? 

Perhaps you may be able to get away with not updating USCIS with the accurate marriage status. But you are making a paper trail with by filing for and obtaining a devorce so you are not in a bonafide marriage anymore.

 

You are going to get a devorce decree at some point, if you get it well after your i751 is approved and you can prove you are still together with your spouse up to the time of approval then no problem. But your devorce has facts in them like when you legally separated and when the decree was issued, if those dates are before your JOINT i751 PETITION was approved USCIS is likely to question whether your marriage was bona fide marriage when it was approved, because it is not. 

 

So later when you file for naturalization, or file to bring relatives to US USCIS is going to review the circumstances for your i751 case and see that you were not married when you were approved, that is likely to be a problem.

 

To avoid the need to defend your i751 case in the future I would advise you conduct your case the proper way. An i751 waiver based on devorse are routinely approved and if you simply convert you current joint i751 case to the waiver case you will have no issue after it is approved with USCIS.

 

I would seek legal advice about the risks of not updating your case with USCIS.

[Ani2 24]

1 hour ago, da95826 said:

Perhaps you may be able to get away with not updating USCIS with the accurate marriage status. But you are making a paper trail with by filing for and obtaining a devorce so you are not in a bonafide marriage anymore.

 

You are going to get a devorce decree at some point, if you get it well after your i751 is approved and you can prove you are still together with your spouse up to the time of approval then no problem. But your devorce has facts in them like when you legally separated and when the decree was issued, if those dates are before your JOINT i751 PETITION was approved USCIS is likely to question whether your marriage was bona fide marriage when it was approved, because it is not. 

 

So later when you file for naturalization, or file to bring relatives to US USCIS is going to review the circumstances for your i751 case and see that you were not married when you were approved, that is likely to be a problem.

 

To avoid the need to defend your i751 case in the future I would advise you conduct your case the proper way. An i751 waiver based on devorse are routinely approved and if you simply convert you current joint i751 case to the waiver case you will have no issue after it is approved with USCIS.

 

I would seek legal advice about the risks of not updating your case with USCIS.

Yea I understand. How do I convert my case to the waiver case , just with writing a letter to USCIS? Thank you for your answers

[da95826 387]

28 minutes ago, Ani2 said:

How do I convert my case to the waiver case , just with writing a letter to USCIS?

Yes, write a letter requesting your i751 joint application be converted to a i751 waiver case based on a devorce of a bonited marriage. 

Mail the letter to the USCIS office handling your case, the address is on your receipt notice sent to you.

 

Provide your A-number, your receipt notice number, enclose a copy of your receipt notice and maybe some evidence you filed for a devorce. 

 

You can also convert your i751 case if you are called in for an interview by handing a written request to convert your i751 joint application to a i751 waiver case based on devorce to the officer interviewing you.

 

You will get a RFE, request for more evidence, for a copy of the final devorce decree, your i751 waiver case can not be approved without the final devorce decree. You will be given time (around 120 days) to provide the final decree. If you have the final decree when you convert the i751 you would provide a copy of the final devorce decree with the conversion request.

Edited October 18, 2021 by da95826

[Ani2 24]

16 minutes ago, da95826 said:

Yes, write a letter requesting your i751 joint application be converted to a i751 waiver case based on a devorce of a bonited marriage. 

Mail the letter to the USCIS office handling your case, the address is on your receipt notice sent to you.

 

Provide your A-number, your receipt notice number, enclose a copy of your receipt notice and maybe some evidence you filed for a devorce. 

 

You can also convert your i751 case if you are called in for an interview by handing a written request to convert your i751 joint application to a i751 waiver case based on devorce to the officer interviewing you.

 

You will get a RFE, request for more evidence, for a copy of the final devorce decree, your i751 waiver case can not be approved without the final devorce decree. You will be given time (around 120 days) to provide the final decree. If you have the final decree when you convert the i751 you would provide a copy of the final devorce decree with the conversion request.

Thank you for all answers. You have been very helpful. 

[reejo173 1]

which address did tou send the the amendment to? is it one on i797 receipt or the phnx lockbox one?

[da95826 387]

1 hour ago, reejo173 said:

which address did tou send the the amendment to? is it one on i797 receipt or the phnx lockbox one?

Only use the address from your receipt notice, you need to send the letter to the USCIS office that is handling your i751 case.

The lock box address in Phoenix will not work.

Edited October 29, 2021 by da95826