Wife wants to divorce while pending i-751

[Family 3,988]

1 hour ago, Paul Hanaki said:

Did you not even read the memo. It is an 87 day extension for people that file a 751 for a divorce waiver without a divorce. A final decree can take a month or it can take a year depending on the area. So after 87 days it is denied.  Once again though USCIS does not want you to file a waiver without a final decree. If they did then they would state that in the instructions. 

 

If they are approved without an interview before a final decree then they get their 10 year green card. I am so confused as to why you think the filing of a divorce is the same thing as getting a divorce. Heck people change their mind all the time and she could withdraw the petition for divorce.  if he is approved after the divorce is final and before.changing his 751 and requesting a waiver he should immediately contact USISC and put in the correct paperwork as that green card isn''t valid. 

Interesting, though morbid analogy. 
The foreign CR spouse is definitely vulnerable to a slow dying marriage or a contentious lingering divorce. ..

USCIS does take the position that they want notice when the couple either separates or starts divorces proceedings….and they pick apart marriage / divorce / separation timelines at N-400 stage.

 

Add to that the risk of a scorned ex sending allegations with intent to harm…it’s rarely worth the risk to get a jointly filed I-751 approved during a moribund marriage.

 

 

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an RFE specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver.

Edited April 23, 2023 by Family
Oops added link

[Family 3,988]

As a practical issue, most guidance is to file I-751 w waiver ( w multiple grounds ) during that limbo / purgatory stage where couple is separated or divorce proceedings initiated…and file another when divorce decree in hand. 

 

https://www.ilrc.org/sites/default/files/resources/i-751_advisory_final.pdf

Once the divorce or annulment is final, the applicant can either file a second waiver application based on the good faith but terminated marriage ground, or submit the decree and request that USCIS adjudicate the waiver based on this ground instead of the extreme hardship or battery/extreme cruelty ground

Edited April 23, 2023 by Family

[Paul Hanaki 72]

2 hours ago, Family said:

Interesting, though morbid analogy. 
The foreign CR spouse is definitely vulnerable to a slow dying marriage or a contentious lingering divorce. ..

USCIS does take the position that they want notice when the couple either separates or starts divorces proceedings….and they pick apart marriage / divorce / separation timelines at N-400 stage.

 

Add to that the risk of a scorned ex sending allegations with intent to harm…it’s rarely worth the risk to get a jointly filed I-751 approved during a moribund marriage.

 

 

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an RFE specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver.

Sigh you missed the "and you filed a waiver request". That only pertains if you filed a waiver request. Another reason that the OP should not listen to anyone advising them to contact USCIS as their own attorney has given them the same advice I have.  If you file a waiver request they will send you a RFE and you have 87 days to get a divorce and return the decree or you waiver will be denied. You are adding a headache you don't need and not required by USCIS. For the purpose of form 751 they only care if you are married at the time of approval not that you have a bad marriage or are getting divorced. They care only that you didn't enter into the marriage to commit fraud. Hopefully they have a good enough divorce that the spouse will attend the interview if it  is not approved without one.  If they are divorced prior to interview or approval then he adjusts the 751. Not sure how to make it more clear. 

[Family 3,988]

1 hour ago, Paul Hanaki said:

Sigh you missed the "and you filed a waiver request

Forgive me, not sure where /what lines of what source is in dispute. 

I agree with you that marriage only need be viable at inception and an estranged / separated couple could even show up at an interview and remove conditions, as long as they are upfront and carry a truckload of bonafides…

 

 

But let’s be realistic, few have Amicable Ex-es , divorces get a whole lot of messy ..

I hope OP can tell us if he expects friendly or friendly-fire from soon to be ex.

 

 

[zDarkAngelz 7]

Thank you everyone for all the valuable advice.

 

I surely believe my soon-to-be-ex-wife will not show up at the interview if I have one.

 

I understand one thing is that I should not file an i-751 with a divorce waiver at this point. But should I notify USCIS in a different method? Like writing a mail, or make a service request?

 

Of course I don't want to withhold any information, I don't want to hide anything. I can admit to USCIS that my marriage is not working and a divorce is initiated.

 

I just don't know what is the right thing to do

 

[Family 3,988]

2 hours ago, zDarkAngelz said:

I just don't know what is the right thing to do

If you consult more than one attorney, you will learn opinions / strategies are  as varied as the responses in this thread . ..

 

And if you are represented, the best thing to do trust your attorney…or find one you won’t second guess or doubt to see you through. Some attorneys that start a joint I-751;won’t continue when couple breaks up to avoid potential conflict.

 

I will assume you left the shared marital residence, have you filed AR-11 and did attorney tell you it’s important to do so?

[zDarkAngelz 7]

2 hours ago, Family said:

If you consult more than one attorney, you will learn opinions / strategies are  as varied as the responses in this thread . ..

 

And if you are represented, the best thing to do trust your attorney…or find one you won’t second guess or doubt to see you through. Some attorneys that start a joint I-751;won’t continue when couple breaks up to avoid potential conflict.

 

I will assume you left the shared marital residence, have you filed AR-11 and did attorney tell you it’s important to do so?

 

Correct. I moved out and no longer live at the shared marital residence

The attorney didn't say anything about this. She didn't ask me if I left the place we lived together. Should I bring this up to her?

[OldUser 6,662]

14 minutes ago, zDarkAngelz said:

 

Correct. I moved out and no longer live at the shared marital residence

The attorney didn't say anything about this. She didn't ask me if I left the place we lived together. Should I bring this up to her?

You're legally obliged to file change of address within 10 days of moving.

 

It's good that you can fix it now. It would have been worse if you never filed AR -11 and this became known during interview with USCIS. There would have been a great chance of fraud accusation in that situation. 

Edited April 23, 2023 by OldUser

[Paul Hanaki 72]

5 hours ago, zDarkAngelz said:

Thank you everyone for all the valuable advice.

 

I surely believe my soon-to-be-ex-wife will not show up at the interview if I have one.

 

I understand one thing is that I should not file an i-751 with a divorce waiver at this point. But should I notify USCIS in a different method? Like writing a mail, or make a service request?

 

Of course I don't want to withhold any information, I don't want to hide anything. I can admit to USCIS that my marriage is not working and a divorce is initiated.

 

I just don't know what is the right thing to do

 

Listen to your attorney. You are paying your attorney money and you have a business relationship with them and if anything goes wrong you have a legal recourse. Listening to people on a forum of which you have no legal recourse and that offer you advice contrary to your attorney is not smart.  Yes you or your attorney should put in a change of address. If you are having you immigration paperwork go to you instead of your attorney that will cause issues if you don't have the right address. If you don't have a good relationship with your soon to be ex they might throw away your paperwork you might receive there.  The best thing you can do is try and maintain a good relationship with your ex or at least do not try to cause them any heartache or issues. . You don't want them trying to cause issues about your immigration. 

[TeddyFazBear 69]

4 minutes ago, Paul Hanaki said:

Listen to your attorney. You are paying your attorney money and you have a business relationship with them and if anything goes wrong you have a legal recourse. Listening to people on a forum of which you have no legal recourse and that offer you advice contrary to your attorney is not smart.  Yes you or your attorney should put in a change of address. If you are having you immigration paperwork go to you instead of your attorney that will cause issues if you don't have the right address. If you don't have a good relationship with your soon to be ex they might throw away your paperwork you might receive there.  The best thing you can do is try and maintain a good relationship with your ex or at least do not try to cause them any heartache or issues. . You don't want them trying to cause issues about your immigration. 

Yep best advice on here. You got an attorney, if they say you are good I would believe them. None of us as far as I’m aware are practicing attorneys so it’s just things we have heard. 
 

good luck, I’m sure it will work out. The process really isn’t as scary as some online YouTube lawyers etc… make it out to be. 

[Crazy Cat 41,851]

1 hour ago, TeddyFazBear said:

You got an attorney, if they say you are good I would believe them.

We see a LOT of bad advice from attorneys here....a LOT!!!

I'm out.

Edited April 24, 2023 by Crazy Cat

[zDarkAngelz 7]

I just talked to my attorney about my current living place. She's gonna file AR-11 for me.

[OldUser 6,662]

22 minutes ago, zDarkAngelz said:

I just talked to my attorney about my current living place. She's gonna file AR-11 for me.

Make sure to always keep your attorney up to date. If they don't have full and up to date information, they may be giving you wrong advice based on incomplete picture. 

[TeddyFazBear 69]

 

Watch this guy. Skip to the 40:40 mark of the video...he speaks to someone in a situation very close to yours. Certainly a different opinion than people on here were giving you. Not saying he is 100% correct, but a view point from a REAL attorney to consider.

Edited April 25, 2023 by TeddyFazBear

[zDarkAngelz 7]

Just an update.

 

New Card Is Being Produced on 06/21/2023

Case was Approved on 06/22/2023

 

No interview, No RFE.

 

My divorce case has not been finalized yet; I'm still waiting for the final decree from the court. Hoping to get it in September.