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Momoejin

Filing a divorce after 6 years being married, while my I-751 still on going( stuck with the interview schedule)

By Momoejin in Removing Conditions on Residency General Discussion

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Momoejin Explorer

Momoejin   37

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Filed: Lift. Cond. (pnd) Country: Philippines
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Good morning,  I have a question and I hope someone can help me. I and my husband been married for almost 7 years now,  we filed I-751 3 years ago and until now im still in the interview schedule and I just got the 48 months extension letter from the immigration.  I and my husband is not in good terms anymore, so we decided to get a divorce, but he kept telling me that he will call the immigration and his lawyer to pull out and cancel my I-751 application and my kids applications. Is that possible? He kept saying to send me back to my country where I belong. But I've been working since I arrived here in the US and paying a tax . Is that possible to cancel our I-751 ? Is there any way to re apply again a visa. For me and for my kids? 
 

thank you all

:goofy: K1 & K2 Journey:goofy:  

 

AOS Timeline

 

Packet sent: Febuary 13,2017

:goofy:Packet Received: Febuary 15,2017:goofy:

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Scandi Mentor

Scandi   4,166

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Filed: K-1 Visa Country: Sweden
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7 minutes ago, Momoejin said:

Good morning,  I have a question and I hope someone can help me. I and my husband been married for almost 7 years now,  we filed I-751 3 years ago and until now im still in the interview schedule and I just got the 48 months extension letter from the immigration.  I and my husband is not in good terms anymore, so we decided to get a divorce, but he kept telling me that he will call the immigration and his lawyer to pull out and cancel my I-751 application and my kids applications. Is that possible? He kept saying to send me back to my country where I belong. But I've been working since I arrived here in the US and paying a tax . Is that possible to cancel our I-751 ? Is there any way to re apply again a visa. For me and for my kids? 
 

thank you all

Why did you file the i751? You must've been married for more than 2 years by the time you got your first greencard?

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Verrou Proficient

Verrou   1,962

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Filed: AOS (apr) Timeline
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im sorry it happened to you. angry spouse sometimes acting up like crazy person. 

he can't cancel ur i-751 since its u who filed it and not him. and he cant "send u back to your country". 

what he can do is if u have i-751 interview that u need to attend, he can refuse to come with you. if it happened, yes technically ur i-751 wont be approved. 

 

get a divorce certificate and filed a new i-751 with divorce waiver. do it now, just in case ur i-751 got approved without interview u will have issue in the future if it got approved and u already divorced/separated. 

 

as u work and paying tax in USA is unrelated with ur i-751. everybody need to pay tax if the work here in US

 

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Momoejin Explorer

Momoejin   37

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Filed: Lift. Cond. (pnd) Country: Philippines
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I came here 2016 as a K1/K2- after 2 years we applied I-751 and until now im stuck with the interview schedule and immigration just sent me the 48months extension , same member. I-751 took forever 

:goofy: K1 & K2 Journey:goofy:  

 

AOS Timeline

 

Packet sent: Febuary 13,2017

:goofy:Packet Received: Febuary 15,2017:goofy:

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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When did you marry. 

What's the residence since date on your GC?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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Must have filed very late, all I can think of.

 

And yes you need to reapply with a divorce waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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56 minutes ago, Momoejin said:

I and my husband is not in good terms anymore, so we decided to get a divorce, but he kept telling me that he will call the immigration and his lawyer to pull out and cancel my I-751 application and my kids applications. Is that possible?

He can with withdraw his part of the joint I-751 you both signed.

 

56 minutes ago, Momoejin said:

 


 

He kept saying to send me back to my country where I belong. But I've been working since I arrived here in the US and paying a tax . Is that possible to cancel our I-751

I disagree with the other advice to file a new I-751. It is not necessary and USCIS policy ( https://www.uscis.gov/sites/default/files/document/memos/i-751_Filed_ Prior_Termination_3apr09.pdf ) says you can amend your I-751 to that of a divorce waiver.

 

So:

 

* file for divorce

 

* on the day you file for divorce, send a packet to the address listed on your 48 month extension letter, containing

-  a letter asking to amend your I-751 to a divorce waiver. The letter should note your A number and I-751 case number

- a photo copy of your I-751 extension letter

 

The packet should be sent usps priority mail.

 

 

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TBoneTX Grand Master

TBoneTX   45,260

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the K-1 Process forum to the ROC forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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