i751 Reject and ex delaying divorce

[MK878 16]

Hi all, 

 

My i751 application was rejected recently on the basis of not having a divorce decree and them saying that I should file for waiver.

 

My husband and I are in the process of divorce since 2 years however he is not complying there I do not have a divorce decree yet. We separated in 2020 after a 4 year marriage and a daughter and as soon as we separated he reached out to USCIS due to which they reached out to me saying that some evidence was submitted proving we are in the process of divorce and I need to submit proof and file for a waiver.

 

My lawyer advised me to file for an appeal as I did not have an interview either. Further context on this that USCIS sent an interview letter to me with my husband's name and some other woman's name on it. My lawyer reached out to them asking if this letter was meant for me and they said that yes an error was made and they will send a new interview letter. They never sent a new interview letter however did send an RFE again requesting for the divorce decree. 

 

Can anybody advise me on this? I have a daughter who is with me and I work and I am very worried that my green card will be revoked and I will be separated from my daughter. C

 

Is getting H1/B1 an option here?

 

will appreciate any help! @mindthegap@Boiler

 

 

[SalishSea 17,654]

3 hours ago, MK878 said:

Hi all, 

 

My i751 application was rejected recently on the basis of not having a divorce decree and them saying that I should file for waiver.

 

My husband and I are in the process of divorce since 2 years however he is not complying there I do not have a divorce decree yet. We separated in 2020 after a 4 year marriage and a daughter and as soon as we separated he reached out to USCIS due to which they reached out to me saying that some evidence was submitted proving we are in the process of divorce and I need to submit proof and file for a waiver.

 

My lawyer advised me to file for an appeal as I did not have an interview either. Further context on this that USCIS sent an interview letter to me with my husband's name and some other woman's name on it. My lawyer reached out to them asking if this letter was meant for me and they said that yes an error was made and they will send a new interview letter. They never sent a new interview letter however did send an RFE again requesting for the divorce decree. 

 

Can anybody advise me on this? I have a daughter who is with me and I work and I am very worried that my green card will be revoked and I will be separated from my daughter. C

 

Is getting H1/B1 an option here?

 

will appreciate any help! @mindthegap@Boiler

 

 

You can divorce without the other party “complying.”   What state are you in?   People get divorced without the other party’s participation all the time.

[Boiler 45,163]

The blockage here seems to be the Divorce, where are you now, 2 years seems to be a long time, I see a child is involved which obviously complicates matters.

 

From what you have said you can remove conditions on the basis of a good faith marriage which clearly does not apply or with a divorce waiver which would.

 

What are you trying to appeal and why?

[MK878 16]

@SalishSea We have a judge assigned who is holding our hearings. The delay is because he is not providing his financial statements for us to determine child support nor complying on custody. The judge seems to just keep giving him more time to comply. I dont think i can get a divorce decree withoit his consent because a judge is involved and the judge wont sign. But can ask my lawyer. 
 

@Boilerwe appealed on the basis of not giving me an interview. 

[OldUser 6,365]

11 hours ago, MK878 said:

My i751 application was rejected recently on the basis of not having a divorce decree and them saying that I should file for waiver.

You probably mean it was denied? Applications get rejected if you pay incorrect fees, submit incomplete or out of date forms. Rejected and denied are very different things. With rejected no decision was made. Denial is a decision by USCIS.

 

11 hours ago, MK878 said:

My lawyer advised me to file for an appeal as I did not have an interview either. Further context on this that USCIS sent an interview letter to me with my husband's name and some other woman's name on it. My lawyer reached out to them asking if this letter was meant for me and they said that yes an error was made and they will send a new interview letter. They never sent a new interview letter however did send an RFE again requesting for the divorce decree. 

I don't think appeal would work. In the first sentence you said petition was denied because no divorce decree was produced. That's a valid reason for denying petition. Even if you try to challenge the decision, USCIS will simply request divorce decree again. Since nothing changed and you don't have a decree, it will not be approved. To me, a better strategy is to file a new I-751. It will give you more time to finalize divorce and get the decree while it's pending.

 

11 hours ago, MK878 said:

Is getting H1/B1 an option here?

No, you cannot get visas while you're LPR. Even if you give up GC, H-1B involves lottery, the outcome is not guaranteed and you won't likely get visa based on your complex immigration history.

[OldUser 6,365]

2 hours ago, Boiler said:

 

What are you trying to appeal and why?

Exactly my thoughts. 

 

 

1 hour ago, MK878 said:

@SalishSea We have a judge assigned who is holding our hearings. The delay is because he is not providing his financial statements for us to determine child support nor complying on custody. The judge seems to just keep giving him more time to comply. I dont think i can get a divorce decree withoit his consent because a judge is involved and the judge wont sign. But can ask my lawyer.

Sometimes the decision between $$$$ and immigration is hard. But if you want your I-751 approved, your family lawyer needs to do whatever to get divorce finalized quicker. Same with you, you'd have to compromise more if this is a reason of hold up.

[JeanneAdil 6,405]

did either of u actually file for legal separation?   or just u just lived apart?

this does matter in NYS as u must be legally separated for a year for a divorce to be final

[Boiler 45,163]

At the moment you have no basis for removing conditions.

 

I am going to guess you Family Lawyer suggested the appeal.

 

You need to get the Divorce finalised and I would have thought your Status could be used as leverage with the Judge

 

 

[MK878 16]

Thanks for the responses! 
 

@OldUserthanks for explaining the difference. Yes it is denied. I see u suggest filing for i751 again however how will that work? I will file saying that i had a bonafide marriage? what are your thoughts about filing for the i751 waiver without a divorce decree and in the mean time working on getting the decree. I read that i will first have time till they confirm receipt and then they will send RFE. 

@JeanneAdili did not and we just started living separately. However, my lawyer did not indicate any such need and also we have been in divorce proceedings with court so im guessing that helps? But can ask my lawyer again. 

[MK878 16]

8 minutes ago, Boiler said:

At the moment you have no basis for removing conditions.

 

I am going to guess you Family Lawyer suggested the appeal.

 

You need to get the Divorce finalised and I would have thought your Status could be used as leverage with the Judge

 

 

 It was actually my immigration lawyer who suggested this to buy us more time. My divorce lawyer did bring it up to the judge but i guess he did not emphasise on the urgency of it. 

[Boiler 45,163]

I would be saying my Client will be deported unless you pull your finger out.

 

I would refile with a Divorce Waiver.

[powerpuff 6,531]

*** Thread moved from AOS K1 forum to Removal of Conditions on residency forum - this is a ROC case ***