Jump to content
RoaringMdog

Going through a divorce while I751 is pending.

By RoaringMdog in Removing Conditions on Residency General Discussion

 Share

10 posts in this topic

Recommended Posts

RoaringMdog Apprentice

RoaringMdog   15

Posted
Timeline
Posted

Hi all, 

 

I'm in a bit of a bad situation and i was hoping for some advice. 

 

Me and my wife filed the I751 for me in early 2023 and have been waiting for news since then. We separated a couple of months ago but have not started the divorce paperwork. Then last week i got a RFE from the USCIS for additional proof that we entered our marriage in good faith. The problem is that we never really shared bills or have combined assets. I would always just send her money for my half of the bills and she would pay them. The only thing we have is the electricity bill thats in both of our names. Now i'm trying to gather stuff to send in and have thought of the following, and i would like to know if this could be enough. Also, since we're separated but haven't started the divorce, should i write a letter to the agent in charge of my case explaining the situation and asking for a waiver, or should i wait to do that until she's filed for divorce? 

 

Sending in the following. 

 

Pictures of us spanning the last 2/3 years.

Copies of our drivers licences with the same adress on it. 

Copy of electricity bill.

Bank statements showing that i sent her money every 1st of the month.

 

Any advice or tips would be fantastic. Thank you for reading this!

  • Popular Post
Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
  • Popular Post
Posted

You are trying to remove conditions on the basis of a non existent good faith marriage?

 

You need to refile on the basis of a Divorce Waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

OldUser Veteran

OldUser   7,981

Posted
Timeline
Posted (edited)

I'm sorry your in this situation.

 

What all evidence did you send showing bonafide marriage evidence initially?

 

My recommendation is below, in addition to what you're sending:

- Tax return transcripts showing you filed taxes jointly

- Copy of lease(s) showing both names

- Copies of flights and hotel reservations for any trips you took together

- If you shared car or medical insurance, send it showing both names

 

But what's more important is @Boiler's comment.

You're in a very bad spot. You needed to act fast and file for divorce once you separated. USCIS cannot approve I-751 if you're still married but not living together. 

So you need to convert your petition to Divorce Waiver and complete divorce ASAP. You definitely need to make sure USCIS is clear your marriage didn't work out.

Edited by OldUser
RoaringMdog Apprentice

RoaringMdog   15

Posted
Timeline
  • Author
Posted
1 minute ago, OldUser said:

It's possible to write a letter in RFE response asking to convert case. The problem is, how quickly can you get divorce decree and when is the RFE deadline?

 

RFE Deadline is May 19th. Not sure how fast we can get a divorce decree. I'm trying to reach out to her about it but she's very unresponsive. 

OldUser Veteran

OldUser   7,981

Posted
Timeline
Posted
Just now, RoaringMdog said:

 

RFE Deadline is May 19th. Not sure how fast we can get a divorce decree. I'm trying to reach out to her about it but she's very unresponsive. 

No need to reach to her. You can and probably should reach to a family lawyer tomorrow and get info how to proceed with divorce. Then hire them and serve the spouse ASAP.

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Best to leave it in the hands of your Divorce Lawyer, do they know time is of the essence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Rocio0010 Mentor

Rocio0010   5,674

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted
2 hours ago, RoaringMdog said:

 

RFE Deadline is May 19th. Not sure how fast we can get a divorce decree. I'm trying to reach out to her about it but she's very unresponsive. 

You're being very casual about this. Why are you trying to reach out to her?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Dashinka Grand Master

Dashinka   24,930

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
21 hours ago, RoaringMdog said:

 

RFE Deadline is May 19th. Not sure how fast we can get a divorce decree. I'm trying to reach out to her about it but she's very unresponsive. 

You do not need the divorce decree to respond to this RFE or to request a divorce waiver, but eventually you will receive another RFE for it.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...