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Switching I-751 from joint filing to divorce waiver (merged)

By maggiedkt in Removing Conditions on Residency General Discussion

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maggiedkt Newbie

maggiedkt   0

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Hi all, thank you for all the information on this forum so far. 

 

Questions on the details of interfiling to change my joint filing to a divorce waiver: 

Do I need to fill out the 751 forms again and check divorce waiver instead, or do I just write a letter to request the interfile?

 

Also, my original filing was routed to MSC, biometrics was collected in my previous state where I filed, and I have since moved to a different state. How would this impact the processing of my case? 

 

Thank you in advance for your time and help! 

Edited by maggiedkt
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maggiedkt Newbie

maggiedkt   0

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Hi all, thank you for all the information on this forum so far. I jointly filed my I-751 with my USC ex-spouse in January 2023, and have since filed for divorce and received a copy of the final divorce judgment last month.
 

Questions on the details of interfiling to change my joint filing to a divorce waiver: 

1. Do I need to fill out the forms again or do I just send a letter requesting the switch? 
2. Does the package only need to be sent to the address on my receipt (which in this case, came from MSC)? Or should I also send it to the lockbox where I filed my original 751 for some sort of routing? 
3. I plan to include the following in the package. Do you see anything missing/could be helpful to the application?

- cover letter requesting the switch to waiver

- copy of original 751 receipt

- copy of divorce judgment (my state doesn’t call it decree. And I don’t have the original documents. Just copies)

- A notarized affidavit from my ex stating that the marriage was bona-fide and that they are willing to support however needed

- bank statements from the month of original filing to the month of financial separation

- latest joint tax filing transcript (we filed 751 in Jan, the latest return didn’t complete until April)

4. I have since changed my address. USCIS now has a new system of changing address online via USCIS account (different from the previous AR-11 online) and as a result, I didn’t receive any confirmation that the change of address has been confirmed. Can I include a paper-version of AR-11 in the package just in case? 
 

Thank you in advance for your time and help! 

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OldUser Veteran

OldUser   6,636

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36 minutes ago, maggiedkt said:

USCIS now has a new system of changing address online via USCIS account (different from the previous AR-11 online) and as a result, I didn’t receive any confirmation that the change of address has been confirmed. Can I include a paper-version of AR-11 in the package just in case? 

Yes you can include paper version in the packet. When did you try changing your address online? I changed mine in late August 2023. I could do it without online account and got instant confirmation after submitting it.

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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~~~Post merged with existing thread~~~

 

44 minutes ago, maggiedkt said:

Hi all, thank you for all the information on this forum so far. 

 

Questions on the details of interfiling to change my joint filing to a divorce waiver: 

Do I need to fill out the 751 forms again and check divorce waiver instead, or do I just write a letter to request the interfile?

 

Also, my original filing was routed to MSC, biometrics was collected in my previous state where I filed, and I have since moved to a different state. How would this impact the processing of my case? 

 

Thank you in advance for your time and help! 

 

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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  • Ryan H changed the title to Switching I-751 from joint filing to divorce waiver (merged)
maggiedkt Newbie

maggiedkt   0

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23 minutes ago, OldUser said:

Yes you can include paper version in the packet. When did you try changing your address online? I changed mine in late August 2023. I could do it without online account and got instant confirmation after submitting it.

I did mine two weeks ago (and then coincidentally got locked out of my USCIS account). 😳

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mindthegap Experienced

mindthegap   2,590

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Simple letter, notifying them (not requesting) that you wish to switch your previously filed and currently still pending I-751 filing, receipt #xxxxxx, to a divorce waiver, and that you are enclose your final divorce paperwork. 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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