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theprocess01

Change to divorce waiver

By theprocess01 in Removing Conditions on Residency General Discussion

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theprocess01 Contributor

theprocess01   51

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Filed: Citizen (apr) Country: Dominican Republic
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Does anyone know where I can find a sample to request uscis to change my roc from a joint petition to a divorce waiver ?

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Timona Experienced

Timona   4,207

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There's no sample.  Just write 1 paragraph letter and sign new I-751 with divorce optioned checked

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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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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A very simple letter, stating the receipt number, and that since you filed jointly on xx date you have separated, as of xx date you are divorced, you now wish to switch your existing filing to a divorce waiver filing, and you enclose a copy of your final divorce decree. 

 

You do not need to fill in a new form - it is not a new filing. 

 

9 hours ago, Timona said:

There's no sample.  Just write 1 paragraph letter and sign new I-751 with divorce optioned checked

First part correct, second part not correct. You do not need to fill in or enclose a new I-751 form. 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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theprocess01 Contributor

theprocess01   51

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Filed: Citizen (apr) Country: Dominican Republic
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4 hours ago, mindthegap said:

A very simple letter, stating the receipt number, and that since you filed jointly on xx date you have separated, as of xx date you are divorced, you now wish to switch your existing filing to a divorce waiver filing, and you enclose a copy of your final divorce decree. 

 

You do not need to fill in a new form - it is not a new filing. 

 

First part correct, second part not correct. You do not need to fill in or enclose a new I-751 form. 

Do they acknowledge the change to waiver or one has to just hope they do it to avoid issues down the road

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Villanelle Experienced

Villanelle   4,122

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6 minutes ago, Nelson0308 said:

Do they acknowledge the change to waiver or one has to just hope they do it to avoid issues down the road

They don't send any type of confirmation. That's why you send it with a tracking number. 

 

You can send it to both the service center and the local office.

 

Do you have your divorce decree presently or are you in the process of divorcing?

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theprocess01 Contributor

theprocess01   51

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Filed: Citizen (apr) Country: Dominican Republic
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3 minutes ago, Villanelle said:

They don't send any type of confirmation. That's why you send it with a tracking number. 

 

You can send it to both the service center and the local office.

 

Do you have your divorce decree presently or are you in the process of divorcing?

I do have it and I actually mailed it this morning and used priority mail which doesn't give me a tracking number but they did give me a receipt, maybe ill re send another copy later with a tracking number

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Villanelle Experienced

Villanelle   4,122

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Just now, Nelson0308 said:

I do have it and I actually mailed it this morning and used priority mail which doesn't give me a tracking number but they did give me a receipt, maybe ill re send another copy later with a tracking number

You should get a tracking number. 

Most likely they will get your letter and you won't have any issues but in the rare chance there's a problem you need a tracking number. 

 

All mail received is logged and scanned when opened so if they claim to not have gotten it or misplaced it after receiving it you would need to provide the tracking number for them to locate it. 

 

 

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theprocess01 Contributor

theprocess01   51

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Filed: Citizen (apr) Country: Dominican Republic
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On 2/28/2022 at 12:14 PM, Villanelle said:

You should get a tracking number. 

Most likely they will get your letter and you won't have any issues but in the rare chance there's a problem you need a tracking number. 

 

All mail received is logged and scanned when opened so if they claim to not have gotten it or misplaced it after receiving it you would need to provide the tracking number for them to locate it. 

 

 

So they actually updated my case to show my correspondence was received 

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jangrace Contributor

jangrace   25

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Filed: AOS (pnd) Country: India
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Folks, I'm kinda in the same boat now. Filed for I-751 jointly last summer (2021), and our marriage is falling apart. We're about to get divorced but haven't made it official and are somehow managing to live together. As the CPR, do I just send a letter out to USCIS telling them I want to switch my jointly filed I-751 to a divorce waiver petition and wait for them to respond with an RFE? Really desperate for some help here. Thanks

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da95826 Rising Star

da95826   387

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Filed: Citizen (apr) Country: Iran
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On 9/28/2022 at 6:08 PM, jangrace said:

Folks, I'm kinda in the same boat now. Filed for I-751 jointly last summer (2021), and our marriage is falling apart. We're about to get divorced but haven't made it official and are somehow managing to live together. As the CPR, do I just send a letter out to USCIS telling them I want to switch my jointly filed I-751 to a divorce waiver petition and wait for them to respond with an RFE? Really desperate for some help here. Thanks

Yes send a letter to USCIS office address on your recept notice to convert your joint i751 to a divorce case. I think I would send the letter after you file for a divorce and include some proof that the divorce has been filed.

Maybe provide an estimated time you expect the divorce will be completed as part of your letter.

You will receive an RFE for a divorce decree and you want to have the decree in hand by the time the RFE is issued. So don’t send the letter too soon, maybe around the same date the divorce is filed.

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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theprocess01 Contributor

theprocess01   51

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Filed: Citizen (apr) Country: Dominican Republic
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I just waited for the divorce to be completen and sent the divorce decree saying unfortunately we had divorced and to please update my case and the status of my case was updated to correspondence received by uscis 

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