Removal of contitions after divorce.

[Mobius1 175]

On 10/6/2022 at 5:57 PM, Josef161 said:

Hello, I've been married since 2018, and i received my green card in september 2019. Now I got divorced. My I-751 petition is in progress. 

 

What do I need to do? Withdraw my current I-751 petition including the final divorce decree. Should I add a statement on why we got divorced? File it again with a waiver. Add tons of evidence that the marriage was bona fide (including that we have a son together). Should I add that I've a Job (and can sustain myself), I've savings, I'll graduate with an A.A. after this semester and go for a BA degree. Anything else I should add?

Also, should I send the withdrawel of the old petition on the same day or should I send the withdrawel a couple days earlier?

The fact that you have a son in this marriage will suffice as most of the evidence for your bonfide marriage (though this may not get digested by some folks). 

 

You have a very clear path not only to 10 year GC but also to citizenship based on 5 year rule.

 

Send a letter to USCIS first thing tomorrow that you are divorced and include your divorce decree. You can provide an explanation but its not required. Golden rule when dealing with gov is, only tell what you are asked but never lie or makeup things. The letter should be simple and straight to the point. In it, ask USCIS reviewing officer to convert your JOINT i751 to WAIVER under good faith marriage. Include a copy of your initial marriage certificate, divorce decree, and just for good measure a copy of child birth certificate. 

 

Your job/ degree etc don't need to be mentioned. They don't care about it since affidavit of financial support was done in i485.

 

Time is against you, take action asap and dont get approved without an interview on that joint i751. That would result in misrepresentation and future troubles you don't need in your life.

Edited October 9, 2022 by Mobius1