I-751 divorce after filing

[GeneO 10]

Hey guys, 

 

I know there are similar cases but just wanted to share my situation and get everyones thoughts, 

 

My spouse and I filed a 751 in early 2023, we ended up filing for divorce at the end of 2023 after a number of years of marriage.

My ex spouse has now informed me they intend to write to USCIS and withdraw their support of the 751 case and "take my greencard" so basically they are going out of their way to be vindictive now.

 

If they send a letter withdrawing and I send a letter asking USCIS to process my case under a divorce waiver will that be sufficient? Or do I need to withdraw and refile again? Obviously my preference would be to just write and convert the case, but I don't know if that will work in this case or not?

Any thoughts are appreciated! 

[OldUser 6,633]

1. Stop any direct contact with your ex spouse (you're divorced now, right?)

2. How much evidence did you submit with I-751?

3. Did you accumulate new evidence between I-751 filing and filing for divorce?

4. Can you get affidavits from people who knew you as a couple?

 

It's hard to tell whether it's worth keeping the case. Sometimes it's easier to file a new one based on divorce waiver, with a lot of evidence, including newer than you submitted with joint petition. If the joint petition was weak, it's not worth keeping (my opinion only)

 

[GeneO 10]

9 minutes ago, OldUser said:

1. Stop any direct contact with your ex spouse (you're divorced now, right?)

2. How much evidence did you submit with I-751?

3. Did you accumulate new evidence between I-751 filing and filing for divorce?

4. Can you get affidavits from people who knew you as a couple?

 

It's hard to tell whether it's worth keeping the case. Sometimes it's easier to file a new one based on divorce waiver, with a lot of evidence, including newer than you submitted with joint petition. If the joint petition was weak, it's not worth keeping (my opinion only)

 

Thank you for the reply.

 

1 - Final decree is due in May. So Pending divorce.

2 - A heap. I mean at least 16 different types of evidence with many examples of each.

3 - Yes, I have new evidence since the joint filing. Same kind as originally sent but just newer.

4 - I could yes. 

I am hoping it is possible to just keep the current case open and convert given it has been on file now for about a year. BUT the clincher is, if she writes to them asking to withdraw will they close the case regardless of me also asking them to process it under a waiver category.

 

Thanks!

[OldUser 6,633]

36 minutes ago, GeneO said:

 I am hoping it is possible to just keep the current case open and convert given it has been on file now for about a year. BUT the clincher is, if she writes to them asking to withdraw will they close the case regardless of me also asking them to process it under a waiver category.

 

Thanks!

You may need to be first to write? Then her request would become irrelevant, since your case would have been converted to divorce waiver.

 

The bummer is that your divorce only finalizes in May. It's a bit risky, but what can you do? Cannot keep it joint with marriage nearing its end.

[GeneO 10]

19 minutes ago, OldUser said:

You may need to be first to write? Then her request would become irrelevant, since your case would have been converted to divorce waiver.

 

The bummer is that your divorce only finalizes in May. It's a bit risky, but what can you do? Cannot keep it joint with marriage nearing its end.

Thank you, OldUser. 

See this is what I couldn't find a good answer on. Is it a case of whoever writes first or would her letter - being a US citizen - overrule my request even if I got in first. It's such a horrible situation...only upside is based off 751 processing, I suspect it will be another 6-12 months before any officer even looks at it for processing so I will have the decree by then. 

[Sweetdreaming 397]

You should be good to go, I'd refile as divorce waiver as soon as I could 

Edited February 7 by Sweetdreaming

[GeneO 10]

7 hours ago, Sweetdreaming said:

You should be good to go, I'd refile as divorce waiver as soon as I could 

Thank you, everything is 100% legitimate and bucket loads of evidence to support it. I just unfortunately have an ex spouse who has elected to take the vengeful route. Appreciate the advice