Divorce Waiver (split)

[Hannah_NYC 14]

Hi guys! 

I have my i751 joint petition interview in a few days, however, in the meantime, I got divorced and filed again but i751 waiver. 

I'm going without an attorney to basically withdraw the old petition and let them know that I filled a new one based on divorce. 

Do you think they will be interviewing me and what should I expect? Anyone had this situation? 

 

Thank you! 

[da95826 387]

8 hours ago, Hannah_NYC said:

Hi guys! 

I have my i751 joint petition interview in a few days, however, in the meantime, I got divorced and filed again but i751 waiver. 

I'm going without an attorney to basically withdraw the old petition and let them know that I filled a new one based on divorce. 

Do you think they will be interviewing me and what should I expect? Anyone had this situation? 

 

Thank you! 

I would go to the interview, you can request that your joint i751 be converted to the waiver case to the IO at the interview.  Bring a letter requesting the case be converted and give it to the offer at the interview. Bring your divorce decree, bring updated good faith marriage proof to the interview, bring both receipt notices for each i751 application.

 

Did you check to see which i751 case they are interviewing you for case 1 or case 2?

 

You can attempt to get your first i751 approved at the interview and withdraw the second i751 after approval, more than likely you will need to withdraw from one of two i751 applications if you have two pending at some point. 

[Hannah_NYC 14]

22 minutes ago, da95826 said:

I would go to the interview, you can request that your joint i751 be converted to the waiver case to the IO at the interview.  Bring a letter requesting the case be converted and give it to the offer at the interview. Bring your divorce decree, bring updated good faith marriage proof to the interview, bring both receipt notices for each i751 application.

 

Did you check to see which i751 case they are interviewing you for case 1 or case 2?

 

You can attempt to get your first i751 approved at the interview and withdraw the second i751 after approval, more than likely you will need to withdraw from one of two i751 applications if you have two pending at some point. 

Woww! So basically everything is possible.  

The interview is for the first, joint petition.  

 

Thank you! 

[da95826 387]

10 minutes ago, Hannah_NYC said:

Woww! So basically everything is possible.  

The interview is for the first, joint petition.  

You could have sent a letter to the service center adjudicating your joint i751 case to convert your original joint i751 application to a waiver i751 divorce case instead of filing a second i 751 waiver. USCIS will convert joint i751 cases if the petitioner requests to do so in writing by letter to USCIS service center or at the interview.

An i751 application can always convert to a waiver case in writing. Having two i751 pending complicates your case and may cause confusion with USCIS. I would go to the interview to see if you can get the first i751 approved and withdraw the 2nd i751 application. 

If the IO can’t approve your first converted case then you would withdraw that case and wait for the 2nd to get adjudicated. 

Good luck to you.

[Hannah_NYC 14]

41 minutes ago, da95826 said:

You could have sent a letter to the service center adjudicating your joint i751 case to convert your original joint i751 application to a waiver i751 divorce case instead of filing a second i 751 waiver. USCIS will convert joint i751 cases if the petitioner requests to do so in writing by letter to USCIS service center or at the interview.

An i751 application can always convert to a waiver case in writing. Having two i751 pending complicates your case and may cause confusion with USCIS. I would go to the interview to see if you can get the first i751 approved and withdraw the 2nd i751 application. 

If the IO can’t approve your first converted case then you would withdraw that case and wait for the 2nd to get adjudicated. 

Good luck to you.

If they approve me on the first one then I'll have issues when time comes for citizenship.  They are not supposed to approve me on the joint one because I'm divorced.  I'm just wondering if they can switch my petition to a waiver on the spot even tho they don't have my waiver packet in hands in front of them.

 

Thank you for your input! 🙏

 

[da95826 387]

4 minutes ago, Hannah_NYC said:

f they approve me on the first one then I'll have issues when time comes for citizenship. 

No, not if it is converted to a i751 waiver case. As long as USCIS knows you have a divorce and approves your i751 case with that knowledge then you will be good to go for your n400 under the five year rule. 

Just be prepared to defend your i751 case if you ask about during the n400 by keeping proof that you filed for the waiver either a copy of the conversion letter for the first case or proof you filed the i751 waiver for the second whichever one gets approved . Keep proof of your good faith marriage divorce decree just in case you need it.

The only issue you have is that there is a good chance with the two i 751 applications pending USCIS may get confused so withdrawing one or the other will be a good idea. 

 

The only thing I would avoid is getting one or the other i751 to be denied so I would withdraw the unneeded i751 as soon as possible to clear up your case. If your i751 converted joint case is approved, withdraw the 2nd i751 right away or if they are not going to approve the first i751 withdraw it and wait for the 2nd i751 to be adjudicated.

[Hannah_NYC 14]

3 hours ago, da95826 said:

No, not if it is converted to a i751 waiver case. As long as USCIS knows you have a divorce and approves your i751 case with that knowledge then you will be good to go for your n400 under the five year rule. 

Just be prepared to defend your i751 case if you ask about during the n400 by keeping proof that you filed for the waiver either a copy of the conversion letter for the first case or proof you filed the i751 waiver for the second whichever one gets approved . Keep proof of your good faith marriage divorce decree just in case you need it.

The only issue you have is that there is a good chance with the two i 751 applications pending USCIS may get confused so withdrawing one or the other will be a good idea. 

 

The only thing I would avoid is getting one or the other i751 to be denied so I would withdraw the unneeded i751 as soon as possible to clear up your case. If your i751 converted joint case is approved, withdraw the 2nd i751 right away or if they are not going to approve the first i751 withdraw it and wait for the 2nd i751 to be adjudicated.

You have an attorney knowledge:)) !!

Thanks so much.  My interview is this week. I'm going ready with letter of withdrawal,  divorce decree, marriage certificate, ID, passport and green card. 

I'm not really ready for interview questions but I guess I'll have to get ready just in case they want to adjudicate on the spot. 

I'll also take with me the waiver packet my attorney sent ... just in case. 

 

[Ontarkie 14,218]

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