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MyNameIsEarl

About to send Waiver Docs - Interview scheduled for joint filing

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Hi Everyone,

 

                         Am in a dilemma, I filed joint waiver in Jan,2020 and the case is sent to SRC. On July,2021 it is transferred to NBC. Am going through some issues with my spouse and separated in August,2020. Though we tried to reconcile, it didn't happen so I filed my divorce in July,2021 and  it's finalized in October,2021.

 

I collected all my documents and proofs and was about to send them today and this morning my USCIS case status changed to 'Ready to Schedule an Interview' from 'Case is Transferred to Another Office'. 

 

Should I wait filing the waiver and take the divorce copy and other documents to the interview directly or should I go ahead and file the waiver?

 

Inputs are appreciated, thanks.

 

            

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Filed: Citizen (apr) Country: Myanmar
Timeline

If you know you are having an interview then bring your divorce decree and a photo copy to the interview and request to convert to an individual filing with an divorce waiver. 
 

If you don’t know then proceed as you planned.  Keep a paper trail.  It might  come up during naturalization.  

Edited by Mike E
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9 minutes ago, Mike E said:

If you know you are having an interview then bring your divorce decree and a photo copy to the interview and request to convert to an individual filing with an divorce waiver. 
 

If you don’t know then proceed as you planned.  Keep a paper trail.  It might  come up during naturalization.  

Thanks Mike. I don't know when it is though, all I know is they are ready to schedule.

 

I don't want USCIS to think I am hiding my divorce but at the same time am worried if I file my waiver, they might send me another 18 month extension and keep me waiting for another 2 years without processing my case.

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Filed: Citizen (apr) Country: Iran
Timeline
13 hours ago, MyNameIsEarl said:

Should I wait filing the waiver and take the divorce copy and other documents to the interview directly or should I go ahead and file the waiver?

You can convert your case at an interview if you bring a request to convert in writing with you. 

 

Many ready to schedule an interview can take many months, sometimes years to schedule. Safest thing to do is to Send a letter requesting your i751 joint application be converted to an i751 waiver application based on divorce. No reason to wait and best to notify USCIS sooner rather than later  USCIS that you have divorce.

Use the address on your receipt notice to mail the letter to  include a copy of your receipt notice and copy of your divorce decree or proof you have filed for divorse.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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1 hour ago, da95826 said:

You can convert your case at an interview if you bring a request to convert in writing with you. 

 

Many ready to schedule an interview can take many months, sometimes years to schedule. Safest thing to do is to Send a letter requesting your i751 joint application be converted to an i751 waiver application based on divorce. No reason to wait and best to notify USCIS sooner rather than later  USCIS that you have divorce.

Use the address on your receipt notice to mail the letter to  include a copy of your receipt notice and copy of your divorce decree or proof you have filed for divorse.

Thanks much.  Based on all your advices and my research I will send the waiver documents to USCIS immediately and use the same docs in the interview.

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