Divorce waiver- lawyer wants to wait to send docs

[Adam2658 0]

 

Hi,

 

I filed the divorce waiver with my lawyer last year for removal of conditions. My ex wife and I were not divorced yet, so we only submitted the application with the divorce paperwork as proof.

 

I just got the final divorce notice a couple of months ago, and I managed to get the joint health insurance card that my ex wife and I had at the time as more proof of our past marriage. I was not able to find that document back then. 

 

I emailed my lawyer asking if we should file the final divorce paperwork and health insurance card while my case is pending. He said he will send it when USCIS asks for it. Is that how the procedure normally works? I thought that I could mail additional documents or proof to my case at any time.

 

Thank you

 

[OldUser 7,414]

Yes you can update your case any time.

 

Explain that RFE means delays in adjudication and potential interview you may otherwise not have if you send a copy finalized divorce decree now.

Then ask why he thinks it's best to wait...

Edited November 20, 2024 by OldUser

[Adam2658 0]

So the lawyer is representing my case and he’s supposed to get the updates from USCIS.
 

I was already thinking of discontinuing his service. Is there a way I can change the case to only be under me so I receive all the updates and continue the rest of the process by myself?

[OldUser 7,414]

30 minutes ago, Adam2658 said:

So the lawyer is representing my case and he’s supposed to get the updates from USCIS.
 

I was already thinking of discontinuing his service. Is there a way I can change the case to only be under me so I receive all the updates and continue the rest of the process by myself?

Yes, you can file new form G-28.

I'd talk to lawyer first asking questions I mentioned earlier in the thread. Maybe he has a good reason we don't know about. In theory, the lawyer should know your case better than us who only saw few sentences.

Edited November 21, 2024 by OldUser

[Adam2658 0]

So this is his response:

 

“I can send it in, but the chances of it reaching the file are not very high. When a case gets an RFE, its in a known location for the request documents, otherwise, the file may not even be in the same office as where the receipt was issued.”

 

[OldUser 7,414]

24 minutes ago, Adam2658 said:

So this is his response:

 

“I can send it in, but the chances of it reaching the file are not very high. When a case gets an RFE, its in a known location for the request documents, otherwise, the file may not even be in the same office as where the receipt was issued.”

 

So make him send it? Since you paid him for his services

[MJ&YY 134]

Why not also just upload it to your case as unsolicited evidence?  If an RFE comes later, you could still send it at that time.

[Adam2658 0]

Hi, sorry for the late response. 

On 11/21/2024 at 3:46 PM, OldUser said:

So make him send it? Since you paid him for his services

 So he wants me to send it which is fine. I’m going to send it with: 

 

Page 1: my full name and case #
Page 2: Cover letter explaining why I am send this this paperwork 

Page 3: Final divorce decree

Page 4: Past joint health insurance for bonafide evidence that I wasn’t able to find before 

 

Is that good? 

On 11/22/2024 at 12:39 PM, MJ&YY said:

Why not also just upload it to your case as unsolicited evidence?  If an RFE comes later, you could still send it at that time.

By unsolicited I’m guessing you mean what I am planning on doing by sending it?

[MJ&YY 134]

1 hour ago, Adam2658 said:

By unsolicited I’m guessing you mean what I am planning on doing by sending it?

I was referring to logging into MyUSCIS (https://myaccount.uscis.gov/sign-in) and under your case, going to the documents tab, then down where it says “Unsolicited Evidence” there’s an “Upload Documents” button to upload additional documents to your case. 

[OldUser 7,414]

1 hour ago, Adam2658 said:

Hi, sorry for the late response. 

 So he wants me to send it which is fine. 

That's really bad. I'd:

1) Ask for all original notices and papers this lawyer has for your case.

2) File G-28 removing this lawyer to ensure all future documents and notices go to your address

3) Try get money back for his services, at least 50%

4) If not, file a BAR complaint as he misguided you

 

1 hour ago, Adam2658 said:

Page 1: my full name and case #
Page 2: Cover letter explaining why I am send this this paperwork 

Page 3: Final divorce decree

Page 4: Past joint health insurance for bonafide evidence that I wasn’t able to find before 

 

Is that good? 

 

Yes

 

1 hour ago, Adam2658 said:

By unsolicited I’m guessing you mean what I am planning on doing by sending it?

I mean send response with certified mail or UPS / FedEx with proof of delivery. But you can also, in addition, upload digital copies of everything you're sending by mail, in Unsolicited Evidence section for your I-751 case online.

[OldUser 7,414]

1 minute ago, MJ&YY said:

I was referring to logging into MyUSCIS (https://myaccount.uscis.gov/sign-in) and under your case, going to the documents tab, then down where it says “Unsolicited Evidence” there’s an “Upload Documents” button to upload additional documents to your case. 

Agreed, it won't hurt doing that. But I'd also send physical letter as requested in RFE.