Joint I751 filed and now getting divorced - US Cit wife sent something to USCIS

[SDH 63]

Hi all,

 

I really didn’t expect to be here again so soon and saying what I am saying now.

 

To cut a long story short I came in to the US from the UK with a Fiancé Visa sponsored by my US Citizen wife and we got married in Dec 2018.

 

I filed for I751 ROC in July 2021 just before my green card expired in October 2021. I have so far got the 18 month and 24 month extension letters from USCIS.

 

At the end of September 2021 I asked my wife for a divorce. There were so many things that were not big things but eventually everything added up to me being unhappy and not wanting to be with my wife anymore. We have two beautiful children who will be 3 and 2 in January 2022. We moved to Florida in July and so we can’t file for divorce until January 2022 because of the minimum 6 months residency in the state of Florida rule.

 

Anyway, things went really south on October 1st, and I don’t want to go into too much detail but she ended up filing for an injunction against me in the civil family court and after the hearing the injunction was put in place for 1 year while we manage to get the divorce done. I have been out of my house since then and she has not let me see the children all this time.

 

I saw through informed delivery that she had three envelopes coming to her with her writing on so they were self addressed evelopes. I checked the tracking numbers and there were three ZIP codes and the one thing they all had in common was they were USCIS filing addresses. Two In Texas and one in Phoenix. So she sent three envelopes to three different USCIS offices certified mail with return envelopes. I still don’t know what she sent or what was returned obviously but I assume she is trying to make waves for me somewhere along the line.

 

I got a notification yesterday that USCIS had received my correspondence and are reviewing it. If they need anything from me they will send a notice.

 

I suppose my question is any ideas what she might be trying to achieve?

 

Do I send a letter to USCIS explaining we have separated but not yet filed for Divorce? I was going to leave it until we have filed and got our divorce and then send the divorce paperwork to USCIS and ask them to make my I751 a divorce waiver. Bearing my mind I only submitted it in July and they are taking 18-24 months to process.

 

Thank you for any input you may have.

[milimelo 4,486]

Probably tried to get out of the I-864 form but that’s not possible. 

[Marieke H 2,512]

It could be anything:

 

She may be trying to withdraw her I-864, but it is too late for that.

She may be claiming that you married her for a green card and may have sent a bunch of "evidence", but it is unlikely that that will have any effect, because you went through Adjustment of Status already and you submitted proof of a bona fide marriage.

She may be trying to withdraw the I-751, but she can't do that.

 

It is interesting that you received a notification about correspondence you had supposedly submitted. Maybe you can call USCIS and try to get through to a Tier 2 and try to find out what kind of correspondence they received?

[SDH 63]

35 minutes ago, Marieke H said:

It could be anything:

 

She may be trying to withdraw her I-864, but it is too late for that.

She may be claiming that you married her for a green card and may have sent a bunch of "evidence", but it is unlikely that that will have any effect, because you went through Adjustment of Status already and you submitted proof of a bona fide marriage.

She may be trying to withdraw the I-751, but she can't do that.

 

It is interesting that you received a notification about correspondence you had supposedly submitted. Maybe you can call USCIS and try to get through to a Tier 2 and try to find out what kind of correspondence they received?

Yeah, they are all the things I was thinking about.

 

I did try calling USCIS yesterday and it was a mammoth task to get through the new automated system but when I did all she would tell me is what I already knew and was reading on the website. I asked for tier 2 but they wouldn’t play ball and get me through. She just said that if they need anything they will ask for it.

 

I didn’t get a notification as such, my case tracker app is where I always look and had been looking since I had put together the evidence that she had been trying to get something to USCIS.

 

I’m guessing I’ll just have to wait and see what, if anything USCIS do about whatever they have had sent by her and go from there.

 

Thank you for the good info though, I appreciate it!

[Crazy Cat 41,898]

3 hours ago, SDH said:

Hi all,

 

I really didn’t expect to be here again so soon and saying what I am saying now.

 

To cut a long story short I came in to the US from the UK with a Fiancé Visa sponsored by my US Citizen wife and we got married in Dec 2018.

 

I filed for I751 ROC in July 2021 just before my green card expired in October 2021. I have so far got the 18 month and 24 month extension letters from USCIS.

 

At the end of September 2021 I asked my wife for a divorce. There were so many things that were not big things but eventually everything added up to me being unhappy and not wanting to be with my wife anymore. We have two beautiful children who will be 3 and 2 in January 2022. We moved to Florida in July and so we can’t file for divorce until January 2022 because of the minimum 6 months residency in the state of Florida rule.

 

Anyway, things went really south on October 1st, and I don’t want to go into too much detail but she ended up filing for an injunction against me in the civil family court and after the hearing the injunction was put in place for 1 year while we manage to get the divorce done. I have been out of my house since then and she has not let me see the children all this time.

 

I saw through informed delivery that she had three envelopes coming to her with her writing on so they were self addressed evelopes. I checked the tracking numbers and there were three ZIP codes and the one thing they all had in common was they were USCIS filing addresses. Two In Texas and one in Phoenix. So she sent three envelopes to three different USCIS offices certified mail with return envelopes. I still don’t know what she sent or what was returned obviously but I assume she is trying to make waves for me somewhere along the line.

 

I got a notification yesterday that USCIS had received my correspondence and are reviewing it. If they need anything from me they will send a notice.

 

I suppose my question is any ideas what she might be trying to achieve?

 

Do I send a letter to USCIS explaining we have separated but not yet filed for Divorce? I was going to leave it until we have filed and got our divorce and then send the divorce paperwork to USCIS and ask them to make my I751 a divorce waiver. Bearing my mind I only submitted it in July and they are taking 18-24 months to process.

 

Thank you for any input you may have.

Your attorney might have a good idea...... You have a good divorce attorney, don't you?

[SDH 63]

Just now, Crazy Cat said:

Your attorney might have a good idea...... You have a good divorce attorney, don't you?

I have told her about it and she was going to outright ask my wife’s attorney about what she sent but I said to hold off on that yet.

 

I’m thinking I will just hold stations right now and see what USCIS says. I’m guessing there is a chance they may say nothing at this point, but it does depend on what she might have sent. To my knowledge there is nothing she could have sent other than outright lies, but then I wouldn’t put that past her either. When she feels like she’s not getting what she wants or her back is against the wall she might just make something up to get an edge.

 

We will see……

[Crazy Cat 41,898]

Just now, SDH said:

I’m thinking I will just hold stations right now and see what USCIS says.

Personally, I think that is best course of action at the moment.  Good luck.

[Mike E 11,739]

I suspect she wrote to USCIS to withdraw from  the joint I-751 petition.  
 

If you voluntarily left the house then writing as a divorcee, you put yourself in a tough position. Since you don’t have access to critical documents.  I never left my home until I got a divorce decree. 
 

You need to file a change of address request with USCIS.  
 

 

Edited December 2, 2021 by Mike E

[SalishSea 17,842]

1 hour ago, SDH said:

I have told her about it and she was going to outright ask my wife’s attorney about what she sent but I said to hold off on that yet.

 

I’m thinking I will just hold stations right now and see what USCIS says. I’m guessing there is a chance they may say nothing at this point, but it does depend on what she might have sent. To my knowledge there is nothing she could have sent other than outright lies, but then I wouldn’t put that past her either. When she feels like she’s not getting what she wants or her back is against the wall she might just make something up to get an edge.

 

We will see……

Maybe she sent a copy of the no-contact order?

[Rocio0010 5,579]

I’m so sorry you’re in this situation. 
We can’t predict what she sent. Maybe she is trying to withdraw the I-864, maybe she sent a letter to withdraw the joint i751, maybe she’s trying to make you look bad by saying you’re with her for the green card. Who knows. You’ll have to wait and see if USCIS contacts you. Too bad there are kids involved.

[HappyAndIKnowIt 24]

On 12/2/2021 at 2:09 PM, Marieke H said:

It could be anything:

 

She may be trying to withdraw her I-864, but it is too late for that.

She may be claiming that you married her for a green card and may have sent a bunch of "evidence", but it is unlikely that that will have any effect, because you went through Adjustment of Status already and you submitted proof of a bona fide marriage.

She may be trying to withdraw the I-751, but she can't do that.

 

It is interesting that you received a notification about correspondence you had supposedly submitted. Maybe you can call USCIS and try to get through to a Tier 2 and try to find out what kind of correspondence they received?

Bold part is garbage.  She absolutely CAN withdraw from the joint I-751.  It is probably a safe bet that she did.  Expect to have to file another I-751 as a waiver and evidence of your intent to establish a life together at the time of marriage.

 

You left the details of the injunction and reasons for your wanting divorce out of this public forum, which I can understand, but this situation does not look good.  You need to go to court and seek an order allowing you to see your children.  If you don't, the Court is very likely to award her full custody in the divorce.  With your explanation wanting a divorce as "not big things" and just not wanting to be with her anymore, combined with whatever that injunction is about, does not look good for I-751 approval.  Most on this site will probably say I-751 divorce waiver approval is easy, and that is what my ex-wife's immigration attorney thought, but it didn't pan out so well for my ex-wife.  Getting on good terms with your wife is also highly suggested.

 

But, most importantly, get that court order to have time with your kids.