Divorce after filing joint I-751, convert to waiver?

[JustVolume 4]

Hello everyone.

About one year ago, my former wife and I filed a joint I-751 (Petition to Remove Conditions on Permanent Residence), and due to personal unforeseen circumstances, I filed for divorce two months ago.

 

 

The judge approved and signed the final decree of divorce yesterday so we are now officially divorced as per the state of Texas. I am the petitioner, by the way.

 

 

I still have not heard a response back from USCIS regarding the joint petition (Still shows "Case Was Updated To Show Fingerprints Were Taken") and I was wanting to see how I can submit an amended I-751 using the divorce waiver option.

 

 

I unfortunately cannot afford a lawyer due to the major financial loss from the divorce, and after much research, I keep coming to the same answer of "Let USCIS know and attach your final decree of divorce" but little to no detail on how to do so. Is there a template I can follow as guidance? Any personal experience?

 

 

I don't know what information to include in the letter, whether I should submit a new I-751 with the divorce waiver checked, or where to send it to. I'm extremely stressed out about all of this and I really want to fix my paperwork before USCIS denies or approves the joint petition as it will make future immigration adjustments more difficult than they already are.

The service center processing my form is the Texas Service Center.

 

 

Any help would be greatly appreciated.

Edited August 3, 2022 by JustVolume

[Crazy Cat 41,845]

Here is a similar thread you might want to read (started earlier today).

 

HELP. Joint I-751 approved 2mos AFTER divorce was finalized - Removing Conditions on Residency General Discussion - VisaJourney

[beloved_dingo 1,976]

You need to switch to a divorce waiver. You don't need a lawyer to do this. 

 

This post, and then continuing through the thread, will help give you guidance: 

 

[Mobius1 175]

Since you have the decree, send the decree with the change request ASAP, not tomorrow but today!

 

Your worst nightmare would be true if they approve your joint i751 before they receive your divorce decree + change request. 

[JustVolume 4]

3 hours ago, Mobius1 said:

Since you have the decree, send the decree with the change request ASAP, not tomorrow but today!

 

Your worst nightmare would be true if they approve your joint i751 before they receive your divorce decree + change request. 

Would this be a good letter body?

 

"To whom it may concern:

On (date), I, (Petitioner), A#(a-number) filed a joint petition with my former spouse (spouse name) with the Texas Service Center. My case number is (case number).  On 08/01/2022, (spouse) and I became legally divorced. Please accept this letter as my request to switch to a divorce waiver. I am attaching the divorce decree. Should the joint petition be approved before receiving this letter and its attachments, I kindly request that the joint approval be rescinded and converted into a waiver approval. "

[Family 3,988]

2 hours ago, JustVolume said:

5 hours ago, Mobius1 said:

Since you have the decree, send the decree with the change request ASAP, not tomorrow but today!

 

Your worst nightmare would be true if they approve your joint i751 before they receive your divorce decree + change request. 

Would this be a good letter body?

 

"To whom it may concern:

 

On (date), I, (Petitioner), A#(a-number) filed a joint petition with my former spouse (spouse name) with the Texas Service Center. My case number is (case number).  On 08/01/2022, (spouse) and I became legally divorced. Please accept this letter as my request to switch to a divorce waiver. I am attaching the divorce decree. Should the joint petition be approved before receiving this letter and its attachments, I kindly request that the joint approval be rescinded and converted into a waiver approval. "

It’s fine and will the the job done. Flat rate priority mail envelope will give you tracking info.

 

[Crazy Cat 41,845]

3 minutes ago, Family said:

Flat rate priority mail envelope will give you tracking info.

That is what I always use.  Cheap, convenient, and trackable.

[JustVolume 4]

1 minute ago, Crazy Cat said:

That is what I always use.  Cheap, convenient, and trackable.

Thank you so much for your help you guys. I'm gonna go to the USPS tomorrow as soon as they open.

Do you also recommend I contact my district's House representative and request assistance?

[Family 3,988]

10 minutes ago, JustVolume said:

Thank you so much for your help you guys. I'm gonna go to the USPS tomorrow as soon as they open.

Do you also recommend I contact my district's House representative and request assistance?

You don’t need them for anything now.
At most you will get an RFE ( boilerplate) asking for more Joint Life Evidence..they like adding “..where’s the will” Lol…you can look over what was originally sent and start preparing a bit more and Respond to RFE …or schedule you for an interview. 
 

[JustVolume 4]

Thank you for your help everybody!

 

To be on the safe side, I printed three copies of the letters, attached to three certified copies of my divorce decree and mailed them to three different places.

One package to the Arizona Lockbox, one to the Dallas Field Office and one directly to the Texas Service Center. They should be there by tomorrow night. 

 

Is there any way to know whether the USCIS officer looked at the package? Any correspondence email or notification saying they received them?

[Family 3,988]

I hope you meant copies of the Certified Divorce ( not originals ). My  experience been a pretty quick RFE or interview, not an immediate We Got It acknowledgment. 

[JustVolume 4]

19 hours ago, Family said:

I hope you meant copies of the Certified Divorce ( not originals ). My  experience been a pretty quick RFE or interview, not an immediate We Got It acknowledgment. 

Yes! Certified copies of the signed divorce decrees with stamps from the county district clerk, and in the front of each copy is the aforementioned letter. Many thanks for your help, hopefully everything will be okay and smooth!

Edited August 6, 2022 by JustVolume

[JustVolume 4]

I woke up on the morning of January 4 to find that my case has been approved. 
 

USCIS not only acknowledged the receipt of my divorce decree and letter ("We received your correspondence"), but approved the case without any interview or RFE. To say I am shocked is an understatement. 
 

For the first time in years, I have finally been able to get a good night's rest. Thank you to everyone who helped me in this journey

[powerpuff 6,697]

Congratulations! Thanks for coming back to share your update. 

[Family 3,988]

12 hours ago, JustVolume said:

I woke up on the morning of January 4 to find that my case has been approved. 
 

USCIS not only acknowledged the receipt of my divorce decree and letter ("We received your correspondence"), but approved the case without any interview or RFE. To say I am shocked is an understatement. 
 

For the first time in years, I have finally been able to get a good night's rest. Thank you to everyone who helped me in this journey

I estimate you are very close to 5 years since LPR date ..so it’s time to file N-400 when you hit that mark . My math says 2019 plus 5 = This year 😂