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Hi all,

Please suggest.
I was married and filed JOINT petition for I-751 ROC in October 2021 . But my wife and I didn't get along and we filed for divorce in Feb 2022. Divorce hearing happen on April 2022 and divorce was finalized.
I am expecting to receive the Divorce Decree by the end of August 31st, 2022.

Now I want to convert my Joint I-751 to WAIVER based application. I am planning to send the I-751 waiver request letter to USCIS.  I believe they will issue the RFE and I will have the Divorce decree in hand by that time.


Does anyone has the I-751 Waiver Letter format or what should be the content of the letter or what information should be included in it?

 

Married with USC: April 4, 2020

Conditional GC approved after Interview: Dec 5 2020
JOINT application for I-751 ROC filed : Sept , 2021

Biometrics applied  : Oct, 2021 

Divorce hearing : April 2022

Expected date of receiving Divorce Decree: August 31, 2022


 

 

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Filed: Citizen (apr) Country: Myanmar
Timeline

i would also include a photo copy of the extension letter. And please please send the photo copy and not original and do not leave the original in the copy machine at Staples. 

Edited by Mike E
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It’s a 5 minute letter;


 

USCIS address,  your name, address, phone number.

 

Todays date, receipt number,  a#
 

Dear muppets,

 

I, *****legal name , and my wife, *****legal name, filed with USCIS a joint I-751 petition to remove my conditions on residence, receipt number ******* on ***date 2021. 

 

Unfortunately since filing, our relationship had irretrievably broken down, and consequently we have decided to divorce.
We filed for divorce in ****city/state, on ** April 22, and it is expected to be made final on or around ***august 2022. 

Accordingly,  I now wish to switch this current joint petition to a divorce waiver petition.

 
I enclose a copy of the divorce filing, and will convey to you at the earliest opportunity a copy of the final divorce decree as soon as it is made final by the court and the paperwork has been issued.  
 

Regards,


signed, dated. 
Print name and print date.

 

 

Don’t forget to file an AR-11 if you have moved. 

Edited by mindthegap

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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  • 3 weeks later...

As I am still waiting for the divorce decree to be issued, I will send the below letter to the USCIS to inform them about the initiation of the divorce , and amend the application to waiver.
Once they send the RFE , I will reply them with attaching the Divorce Decree and a Letter about the detail of the relationship and its breakdown. I am planning to get the attorney to help me in writing the detailed letter and also for the interview. 

Please let me know if I need to attach any other document for now ?

Thanks in advance for all the help I got here. Appreciate it.

*************************************************************************************************

Name

Address

 

U.S. Department of Homeland Security

USCIS

P.O. Box 21200

Phoenix, AZ 85036

 

RE: Request to amend the jointly filed Form I-751 petition to a divorce waiver petition.        

 

A-Number                                      : ***************

Receipt Number                            : **************

Conditional Permanent Resident: ***********

US Citizen Spouse                          : ***********

 

 

Dear USCIS Officer,

                                      

I, name (conditional permanent resident), and my wife, name (U.S. Citizen), filed a JOINT I-751 PETITION TO REMOVE CONDITIONS OF RESIDENCE, receipt number ****** on date , 2021

 

We entered the marriage in a good faith, but unfortunately our marriage had suffered an irretrievable breakdown, and consequently we have decided to divorce. We have initiated the divorce proceedings in countycourt, Massachusetts, on date, and it is expected to be finalized around date. 

 

Please accept this letter as my request to amend the jointly filed Form I-751 petition to have it treated as a divorce waiver petition.

 

Marriage Date                                    : date

Permanent Resident Card issue date : date

Permanent Resident Card expiry date: Ddate

Joint I-751 petition filing date             :date

Separation Date                                 : date

Divorce filing date                              : date

 

Contents of this package:

1.     Copy of Permanent Resident Card (Front and Back)

2.     I-797 Notice of Action

3.     Joint Petition for Divorce

4.     Affidavit of Irretrievable Breakdown

 

Thank you for your consideration on this matter. I will convey to you at the earliest opportunity a copy of the final divorce decree as soon as it is made final by the court and the paperwork has been issued.  

 

 

Kind regards,

name

**************************************************************************************************************

 

 

 

 

 

                                     

Edited by VicParker
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Also a Question: I send the initial I-751 package to Phoenix Arizona center even my application is processed at EAC ( Vermont Center). Now I am seeing they are asking to mail to Carol Stream, IL (if you are staying in Massachusetts). So I guess mail to IL center?

 

Thanks in advance for all the help I got here. Appreciate it.

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