i 751 filed with waiver waiting for the interview

[paco5 3]

Hi,

 

Got married Feb 2019 to USC and received my Conditional GC May 2019,

I filed for divorce and filed ROC April 2021 and after 17 months my application got transferred to the local USCIS from LIN and this is my current status interview Case is Ready to Be Scheduled for An Interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice

So I'm expecting interview letter anytime from today that's my understanding. here is the catch 

1.We are working on our marriage and my wife don't want to divorce 

2. She also don't want to co-sign the petition due the things that i did to her .

 

I don't know what to expect from the interview and I hope someone can help me from this community.

Any help will be really appreciated.

 

Thanks,

Andy.

 

[Crazy Cat 41,850]

Did you file a file a joint I-751 or did you file an I-751 with a waiver?

[Rocio0010 5,579]

Wait, but did you already divorce? 
You said your wife doesn’t want to, but yet you filed with a waiver. Please clarify.

[Crazy Cat 41,850]

****Please do not re-post this in another forum*****

[paco5 3]

Hi 

 

Thank you for responding to my question.

 

Crazy Cat - I filed I-751 with a waiver.

Rocio0010 - but did you already divorce?  - During April 2021 things were not good between us so i filled the i751 with the divorce but then July 2019 i wanted to work things together( going to Therapy due to my own issues and part of men's group, Couples counselling ) and i realized how much she loves me and revoked the divorce and here is the tricky thing, for the government we are married but as per USCIS I'm in the middle of divorce and my wife don't trust me any more and she don't want to co petition and don't want to divorce.

 

You said your wife doesn’t want to, but yet you filed with a waiver -- During March 2021 she don't want to coopetition the i751 and that time we wanted to separate so filled with the waiver ( make sense? ). 

 

I have a strong feeling the IO will ask for the final divorce papers during the interview, please clarify?

Edited October 5, 2022 by andy7477

[Rocio0010 5,579]

22 minutes ago, andy7477 said:

During April 2021 things were not good between us so i filled the i751 with the divorce but then July 2019 i wanted to work things together( going to Therapy due to my own issues and part of men's group, Couples counselling ) and i realized how much she loves me and revoked the divorce and here is the tricky thing, for the government we are married but as per USCIS I'm in the middle of divorce and my wife don't trust me any more and she don't want to co petition and don't want to divorce.

Well, your situation is messy. This is one of the few cases where I would say that hiring a very competent immigration attorney might be better. Either that, or withdraw the current 751 and file a  new joint one, with an explanation letter, and with evidence that the divorce was revoked and that you're still together and working things out.

 

25 minutes ago, andy7477 said:

she loves me

Are you sure? She loves you but doesn't want to co- sign the petition? Does she understand how much this hurts your chances here?

 

25 minutes ago, andy7477 said:

don't want to divorce.

So she doesn't trust you, yet she doesn't want to divorce and she doesn't want to co- sign the petition? This is beyond immigration, but are you sure you guys want to stay together?

 

Have a heart to heart with your wife and go from there. Even better, ask her to join us here and we can help her understand how much she is hurting your case by neither divorcing nor signing the petition.

[Crazy Cat 41,850]

39 minutes ago, andy7477 said:

I have a strong feeling the IO will ask for the final divorce papers during the interview, please clarify?

Of course, they will.  

[paco5 3]

32 minutes ago, Rocio0010 said:

Well, your situation is messy. This is one of the few cases where I would say that hiring a very competent immigration attorney might be better. Either that, or withdraw the current 751 and file a  new joint one, with an explanation letter, and with evidence that the divorce was revoked and that you're still together and working things out.

 

Are you sure? She loves you but doesn't want to co- sign the petition? Does she understand how much this hurts your chances here? 

 

So she doesn't trust you, yet she doesn't want to divorce and she doesn't want to co- sign the petition? This is beyond immigration, but are you sure you guys want to stay together?

 

Have a heart to heart with your wife and go from there. Even better, ask her to join us here and we can help her understand how much she is hurting your case by neither divorcing nor signing the petition.

Thank you for your time and response.

 

I will tell her today that i joined this forum and ask her to join as well and we both know that the interview can happen at any time.

 

She knows i have only 2 options and the she said - lets hope some miracle happens and it ll get approved.

 

So she doesn't trust you, yet she doesn't want to divorce and she doesn't want to co- sign the petition? This is beyond immigration, but are you sure you guys want to stay together? -- Yea i want to be honest here , I cheated on my wife she thinks i used her and i have no remorse and i have a hard time connecting with anyone on a deeper level and  i lack Empathy and emotional connection.

Edited October 5, 2022 by andy7477

[paco5 3]

withdraw the current 751 and file a  new joint one, with an explanation letter, and with evidence that the divorce was revoked and that you're still together and working things out.  --- Because she dont co-sign i think this option wont work for me now.

[Rocio0010 5,579]

28 minutes ago, andy7477 said:

withdraw the current 751 and file a  new joint one, with an explanation letter, and with evidence that the divorce was revoked and that you're still together and working things out.  --- Because she dont co-sign i think this option wont work for me now.

Ok, so then what's your other option?

[OldUser 6,660]

@andy7477 I'm not a lawyer, but it seems like you only have one option, since your spouse won't co-sign a new I-751. That is finalizing the divorce ASAP. This is probably the only way you can remove conditions at this point. Ideally, she would also help you with an affidavit, stating the marriage was legitimate, but didn't work out.

 

You can re-marry her in the future if you both have feelings and sort things out.

 

Consider hiring an immigration lawyer for your complicated case.

 

 

Edited October 6, 2022 by OldUser

[Rocio0010 5,579]

Your only option then Is to finalize the divorce, and attend the interview. If she’s willing to, she can write and sign an affidavit saying marriage was entered in good faith, it just didn’t work out 

[Family 3,988]

3 hours ago, andy7477 said:

don't know what to expect from the interview and I hope someone can help me from this community.

Any help will be really appreciated

Expect to be given an I-72/RFE to provide a final divorce decree within 30 days …if you do nothing then you can expect a denial letter and NTA. 

 

Within those 30 days , decide if YOU want to:

1. Divorce..refile and serve your wife and re-file I-751 w/ waiver include proof you withdrew first divorce filing and evidence of therapy ( working on marriage).  A new filing will give you plenty of time to finalize divorce ( even with am uncooperative spouse). 
 

2. Stay married if wife agrees to sign a joint I-751 and refile it . 
 

3. Show up at the interview WITH your wife and a signed Joint I-751 , ask them to switch to Joint .

 

You can explain to your wife she is pushing you into a corner and a divorce filing is inevitabl otherwise 

Edited October 6, 2022 by Family

[HarryWL 262]

You said you're working on your marriage, so the main question is do you want a divorce or not?

 

If the answer is yes, then you need to finalize the process because you'll need the divorce decree to remove the conditions on your green card with a waiver. if you want to genuinely stay in your marriage, you'll have to refile. I don't recommend staying in your marriage because your spouse is making it difficult, that'll just give her future leverage when it comes to your interview. I've been in a toxic situation like this myself and I pushed for the divorce. 

[Mobius1 175]

Sorry to say but this is a tough situation for you. I don't mean to discourage you but make you aware of the difficult time ahead so you can hire a lawyer and prepare accordingly. 

 

The issue they will pound you with will be, "Was your marriage entered in good faith?"

 

As you already explained that you cheated is a major red flag for them.

And then the USC spouse unwilling to co-sign is another.

You have already rung the waiver bell and cant really take that back even if you are somehow able to re-convert it back to joint.

A lot right now will depend on your spouse soon to be ex it seems.