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wtl751

Initiated Divorce Right Before I-751 Joint Filling ROC Interview

By wtl751 in Effects of Major Family Changes on Immigration Benefits

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wtl751 Rookie

wtl751   2

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Hi Guys, 


I have some URGENT questions.

I filed I751 joint filing back in Jan 2020. We've recently filed for a divorce, and the filing date is Dec 2nd(Final decree will be issued after June according to the family law of California). But on Dec 9th I got an update that our interview had been scheduled. The mail notice just came in yesterday showing that the interview date is Jan 6th. I know I'm not eligible to switch to waiver at the moment because our final decree won't be available until June this year. My questions are: 
- Are we allow to proceed I751 joint petition process at the interview even if we filed for divorce ? My spouse agrees to show up at the interview with me. If not, what can happen?
- If USCIS happens to issue an RFE to me asking for decree, but there's no way I can provide my final decree within that 87 days, what would happen and what should I do?
- What evidences should I bring?

Thank you!
 

Edited by wtl751
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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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Fill out a new I-751 and gather the divorce documents that you've already submitted. 

 

Go with all to the interview and ask to switch to divorce waiver. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Ani2 Enthusiast

Ani2   24

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Filed: K-1 Visa Country: Bosnia-Herzegovina
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On 12/17/2021 at 11:31 AM, wtl751 said:

Hi Guys, 


I have some URGENT questions.

I filed I751 joint filing back in Jan 2020. We've recently filed for a divorce, and the filing date is Dec 2nd(Final decree will be issued after June according to the family law of California). But on Dec 9th I got an update that our interview had been scheduled. The mail notice just came in yesterday showing that the interview date is Jan 6th. I know I'm not eligible to switch to waiver at the moment because our final decree won't be available until June this year. My questions are: 
- Are we allow to proceed I751 joint petition process at the interview even if we filed for divorce ? My spouse agrees to show up at the interview with me. If not, what can happen?
- If USCIS happens to issue an RFE to me asking for decree, but there's no way I can provide my final decree within that 87 days, what would happen and what should I do?
- What evidences should I bring?

Thank you!
 

I have almost the same situation. Me and my now ex husband applied for joint I751 back in april. We got divorced recently and I sent a request letter to USCIS notifying them that we got divorced. I did not apply for another I751. Just sent the letter and explained the whole situation. I haven’t get an answer yet. They received my letter a month ago. The status is still the same on the website. I would prepare a letter for your interview, so they can see that your intention was to report that you are divorcing. 

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wtl751 Rookie

wtl751   2

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On 12/18/2021 at 10:33 AM, Ani2 said:

I have almost the same situation. Me and my now ex husband applied for joint I751 back in april. We got divorced recently and I sent a request letter to USCIS notifying them that we got divorced. I did not apply for another I751. Just sent the letter and explained the whole situation. I haven’t get an answer yet. They received my letter a month ago. The status is still the same on the website. I would prepare a letter for your interview, so they can see that your intention was to report that you are divorcing. 

We both attended the interview yesterday and it was approved the same day. We told IO we filed for divorce but he allowed us to proceed with the original joint petition.

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TBoneTX Grand Master

TBoneTX   45,329

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Filed: Citizen (apr) Country: Ecuador
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Interesting -- was any reason given?

Thanks for returning with your update.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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wtl751 Rookie

wtl751   2

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On 1/7/2022 at 9:25 AM, TBoneTX said:

Interesting -- was any reason given?

Thanks for returning with your update.

Not really. But I have to admit we got luck with being assigned with a very nice IO. He’s young( late 20s) , passionate, efficient and smart. Communications with him went very smooth. He really seemed to know what he was doing which I did not expect from any government worker. Lol.
 

I read this guideline for my situation before going to the interview. Link: https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf The summary of this guideline is basically that the IO has all the power to decide what to do ( approve , switch to waver position, issue RFE , deny) So I honestly didn’t know what to expect. I thought of the worst case scenario according to this guideline would be RFE for final divorce decree, then I won’t be able to provide within 89 days. They would make a decision based on the provided evidence. If deny, the case will be forward to immigration court. Then, I have to wait until June to file another waiver petition and wait for another year or two for their decision.  Not trying to freak people out here , but  this is just the worst of the worst case. We just gotta plan for the worst and hope for the best, you know. 

 

Anyways ,  I think my ex’s appearance and cooperation definitely helped. He answered most of the questions about our relationship and separation to the IO for me. Finally, I would say just be yourself and treat the IO as normal person. 
 

Field Office: San Francisco

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