I-751 ROC Waiver Request- Should I wait for the RFE ?

[VicParker 1]

Hi all,

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 send the I-751 waiver request letter to USCIS in July 2022 ( I had not receive the Divorce Decree by then).

 

Now I have the Divorcee Decree with me. 

Should I wait for the RFE  and then reply with the Divorce Decree ?

or, Should I send the Divorce Decree  and other supporting documents before USCIS sends the RFE?

Edited October 7, 2022 by VicParker

[Timona 4,207]

Did you send a new I-751 with that request letter? 

[OldUser 6,708]

Not sure why you've waited so long, @VicParker.

It's been like 5-6 months between divorce finalized and today.

My advice would be to send the letter, asking to convert I-751 to divorce waiver and final decree ASAP. I know you did already, but IMHO should've included divorce decree back then.

Edited October 7, 2022 by OldUser

[Rocio0010 5,579]

7 hours ago, OldUser said:

Not sure why you've waited so long, @VicParker.

It's been like 5-6 months between divorce finalized and today.

OP did the right thing by waiting to switch to a waiver until they had the divorce decree. Otherwise, he would have had a RFE for a divorce decree he did not have at the time.

[Mike E 11,739]

8 minutes ago, Rocio0010 said:

OP did the right thing by waiting to switch to a waiver until they had the divorce decree. Otherwise, he would have had a RFE for a divorce decree he did not have at the time.

If the joint petition had been approved with an interview waiver while the divorce was in progress, OP woukd have been in a world of hurt during N-400 or if OP later filed I-130 for someone  else.  
 

OP is fortunate that the divorce is now final.
 

Since no RFE has been sent yet, OP should assume the previous request to change to an individual, divorce waiver petition has been lost. I agree with sending a new request to change the petition to a divorce waiver and this time including a copy of the final divorce decree.

 

I would send this immediately, usps priority mail. This is an urgent matter.  

Edited October 7, 2022 by Mike E

[Rocio0010 5,579]

8 minutes ago, Mike E said:

If the joint petition had been approved with an interview waiver while the divorce was in progress, OP woukd have been in a world of hurt during N-400 or if OP later filed I-130 for someone  else.  

Right, but it didn't happen in this case so far.

 

8 minutes ago, Mike E said:

OP is fortunate that the divorce is now final.

Agree.

 

9 minutes ago, Mike E said:

I agree with sending a new request to change the petition to a divorce waiver and this time including a copy of the final divorce decree.

100%

 

9 minutes ago, Mike E said:

I would send this immediately, usps priority mail. This is an urgent matter.  

Yes. Signature required, keep the receipt for their own tracking purposes.

[VicParker 1]

@Rocio0010@Mike E@OldUser@Timona Thank you all for replying.

I filed the I-751 Jointly last year.
and then send the I-751 WAIVER REQUEST while I was waiting for the divorce to be finalized.

Now the Divorced is finalized and I have the Divorce Decree.

I am expecting to get a RFE ,and USCIS will ask for Divorce Decree.

Should I wait for the RFE and then reply back with the Divorce Decree?

OR, should I send the divorce decree before they send the RFE?

 

[Rocio0010 5,579]

2 minutes ago, VicParker said:

should I send the divorce decree before they send the RFE?

Send it now. Attach it with a simple letter explaining that you're submitting the divorce decree to be added to case XXXXX. 

Send it with tracking number and signature required, expedited. 

Keep the receipt for your records.

[Mike E 11,739]

8 minutes ago, VicParker said:

@Rocio0010@Mike E@OldUser@Timona Thank you all for replying.

I filed the I-751 Jointly last year.
and then send the I-751 WAIVER REQUEST while I was waiting for the divorce to be finalized.

Now the Divorced is finalized and I have the Divorce Decree.

I am expecting to get a RFE ,and USCIS will ask for Divorce Decree.

Should I wait for the RFE and then reply back with the Divorce Decree?

OR, should I send the divorce decree before they send the RFE?

 

Here is my advice again:

5 hours ago, Mike E said:

 Since no RFE has been sent yet, OP should assume the previous request to change to an individual, divorce waiver petition has been lost. I agree with sending a new request to change the petition to a divorce waiver and this time including a copy of the final divorce decree.

 

I would send this immediately, usps priority mail. This is an urgent matter.  

This  needs to be sent today.  Now. Aside from life and death I don’t see a higher priority for you today. 

[VicParker 1]

@Rocio0010@Mike E@OldUser@Timona 

When sending the Divorce decree , should I add a letter explaining situation that leads to Divorce and additional evidences (e.g. receipt of counseling sessions) ?

[Mike E 11,739]

5 minutes ago, VicParker said:

@Rocio0010@Mike E@OldUser@Timona 

When sending the Divorce decree , should I add a letter explaining situation that leads to Divorce and additional evidences (e.g. receipt of counseling sessions) ?

The counseling sessions are evidence of bonafide marriage.  
 

If it is going to take you more than 12 hours to assemble this evidence then I say no.  I think you need to attend to the ticking time bomb that is a risk of your case being approved as a joint petition even though you are divorced. It’s been at least 2 days since you’ve had a divorce decree in hand and there has been no action on your part. I think each second your wait increases the  risk an initial finding (down the road) of material misrepresentation.  
 

If it were me, the  copy of the divorce  decree  would have been in the mail the day the decree was in hand. 
 

tick tock
 

 

[Mobius1 175]

On 10/7/2022 at 6:53 AM, Mike E said:

If the joint petition had been approved with an interview waiver while the divorce was in progress, OP woukd have been in a world of hurt during N-400 or if OP later filed I-130 for someone  else.  
 

OP is fortunate that the divorce is now final.
 

Since no RFE has been sent yet, OP should assume the previous request to change to an individual, divorce waiver petition has been lost. I agree with sending a new request to change the petition to a divorce waiver and this time including a copy of the final divorce decree.

 

I would send this immediately, usps priority mail. This is an urgent matter.  

I respectfully disagree with the world of hurt comment. 
 

I have had this discussion with a number of lawyers as well as a former USCIS adjudicator. 
 

The problem arises when a joint petition is approved when there already is a final divorce decree in hand. Per law you can be separated and have divorce proceedings initialized but it’s not a reason for ROC denial. However if an interview takes place, the separated couple (both) have to attend and inform the IO of a pending divorce. Per law you are legally married until the judge signs the divorce papers. 
 

 

In OP’s case, luckily he hasn’t been approved yet. He must send another letter along with a copy of the decree in a certified mail. To be safe he should order his foia soon after. 

Edited October 9, 2022 by Mobius1

[VicParker 1]

@Mike E @Mobius1 
Please correct me if my understanding is wrong here:

I already send the Waiver Request letter (certified mail & signature required). 
USCIS add that letter to my current case file.

And when the processing day/date comes (or I-751 dates becomes current) they will look at the file , they will send the RFE requesting the Divorce Decree.

USCIS don't process the files/cases out of order to send the RFE. 

Edited October 9, 2022 by VicParker

[Mobius1 175]

1 minute ago, VicParker said:

@Mike E @Mobius1 
Please correct me if my understanding is wrong here:

I already send the Waiver Request letter (certified mail & signature required). 
USCIS add the letter to the current case file.

And when the processing day/date comes (or I-751 dates becomes current) they will look at the file , they will send the RFE requesting the Divorce Decree.

USCIS don't process the files/cases out of order to send the RFE. 

Did you change your address post divorce / separation? If so did you file an AR11? Hopefully if there was an RFE, it wasn’t sent to a wrong address. 
 

If I were you, I would send another letter (certified) just in case and keep the confirmation of tracking or email with you to cover yourself that you did indeed send it.

 

You also should file for a FOIA, which is processed in 2-4 months time. It will give you everything USCIS and other agencies have on you excluding the redacted information. 
 

There usually is a higher chance of interviews for divorce waiver cases unless you have like 9 out of 10 rating marriage evidence. 

[VicParker 1]

@Mobius1 
I didn't change the address. 
What should I write in the letter explaining 'what leads to divorce' ? Is it required or necessary to include the reason for divorce?

 

Edited October 9, 2022 by VicParker
new info