HELP i751 pending but partner divorced me

[tutu1234 0]

Hi! I hope I'm posting at the right place if not I apologize for that. I really need some help and clarification.

 

Here is my timeline:

Got my CGC on 2020.10

Filed i751 jointly on 2022.9 (pending as right now)

Partner brought up separation and want a divorce 2022.10

Based on the law of my resident states, we have to file an uncontested divorce 6 months after we separated (filed last week)

 

I am now waiting for the divorce to be finalized and obtain the divorce decree; I also asked my lawyer to help me write a letter to USCIS to explain the situation. 

 

But here is the question I have:

- During the time of separation (2022.10-2023.4), I did a lot of efforts trying to repair our marriage. We visited family and friends together around January / February (as our little trip to relax), and I asked him if he wanted to do therapy session together (He did say no but I already paid money, and I truly at that moment want to learn how to be a better partner so I went by myself, etc)

Now I am wondering, since we listed separation date on divorce paper as 2022.10, am I still allowed to use the evidence that happened during the separation period to back up my case? or that going to raise some concerns since we were technically separated?

 

This is a real marriage and I love my partner deeply. The divorce came out of nowhere when I thought we are just a lovely young couple that about to graduate and finally can move to a new city and start our life. 

My partner kept telling me he does not have the same feelings for me, how unhappy he is in this relationship, what did I do hurt him...I spent quite of time to do self reflection and put every single efforts to dig what did I do wrong&how to fix it. 

It was so challenged for me, especially when you try to approach someone with love but all they tell you is go away. But i never lost hope because I love him that much and I will change whatever I can.

Turned out what he said were just pure lies, he cheated on me long time ago...

 

I really appreciate your guidance and help, as this is a very difficult time for me. 

 

 

 

 

[carmel34 3,620]

10 minutes ago, tutu1234 said:

Here is my timeline:

Got my CGC on 2020.10

Filed i751 jointly on 2022.9 (pending as right now)

Partner brought up separation and want a divorce 2022.10

Based on the law of my resident states, we have to file an uncontested divorce 6 months after we separated (filed last week)

Send a letter to the USCIS, to the address listed on the I-751 NOA receipt, include a copy of the NOA, and request that you are in the process of getting a divorce and that you are asking to change your petition to a divorce waiver.  Hopefully you'll get the divorce decree soon, so when you receive an RFE requesting it you can send it within the required timeframe.  Save all the evidence you have that your marriage was bona fide.  Good luck!

[tutu1234 0]

5 minutes ago, carmel34 said:

Send a letter to the USCIS, to the address listed on the I-751 NOA receipt, include a copy of the NOA, and request that you are in the process of getting a divorce and that you are asking to change your petition to a divorce waiver.  Hopefully you'll get the divorce decree soon, so when you receive an RFE requesting it you can send it within the required timeframe.  Save all the evidence you have that your marriage was bona fide.  Good luck!

Thank you so much for a quick reply! that is 100% my plan.

 

regarding to all the evidence i have that my marriage was bona fide, I am wondering since we listed separation date on divorce paper as 2022.10, am I still allowed to use the evidence that happened during the separation period to back up my case? or that going to raise some concerns since we were technically separated?

 

[Mike E 11,739]

 

[Timona 4,207]

Your lawyer note isn't required. I'd stop dumping $$$ on it & on the lawyer. 

 

You're good. Just get the divorce decree and send it in.

Edited April 23, 2023 by Timona

[dwheels76 5,468]

You don't need a long explanation of why you broke up. You need to show evidence you married in good faith. Show your co-mingling of your life together stop focusing on the date after separation you should have had plenty already created before then.
So many things you can attach. When you get divorce decree send that in. That's all you have to do. No explanation is required. All the other evidence I would hope you already included in your petition package.

 

Most important evidence:

1. Joint income tax filing

2. Joint bank accounts (monthly statements since you open account).

3. Joint anything else(gym membership, credit cards, etc)

4. Insurance cards

5. Drivers license or state ID showing same address

6. pictures of trips together

7. Wills, Trust together

8. Lease/Rental agreement

Edited April 23, 2023 by dwheels76

[Ontarkie 14,215]

~~Moved to Effects of Major Family Changes, from ROC - as similar threads are discussed here.~~

[Rocio0010 5,579]

Tagging along what @Timona said, you don’t need a lawyer. Save that money.

 

Send a letter to the address stated on your I-751 requesting to switch to a divorce waiver. In the meantime, start organizing your evidence of a bona fide relationship. When you have the divorce decree, send it in together with the evidence and an affidavit saying that the relationship was bona fide, it just didn’t work out. Ask your ex if he’d be willing to write an affidavit for you saying the same. Sign it, notarize, send it.