MK878

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.

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.

@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.

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

thank you for your detailed response! We definitely don't have millions of dollars so yes it is a fight for the child. Unfortunately he is fighting to get sole custody despite only seeing her once a month which is delaying the process. I was trying to avoid getting a judge assigned but seems like i have no choice. I will talk to my immigration lawyer on Monday but at the moment just trying to appease my anxiety as I dont want to be separated from my daughter. "you can refile quickly a new I-751 with all good evidence with divorce waiver." seems like i cannot file till i have a divorce decree is that correct? or can i file with evidence to show i have filed in court? if they deny the petition will i lose my right to work? I support myself and my daughter so it is critical that i work.

That is true I don't even know what he'll say. The letter says they can deny my application if he doesn't show up so I dont know which is worse.

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back? Also the letter I received, does not have my name on it but does have my application number. It says "Zhadyra Flores" and then my ex spouse's name. Is it normal practice to have (im guessing) the interviewer's name on it? The paper its on is also not the usual beige heavy paper.

Yes I will be asking my lawyer to push more. Can you please advise on what happens if he does not show up to the interview and my application is denied? Do i get the right to appeal or will i lose my right to work and be sent back?

The divorce still in process as him and his lawyer keep stalling the paperwork.

Hi all, I am a bit stuck and will really appreciate your help with this!! Below are the details of my timeline: June 2018, I came into the US with a K1 fiance visa. My then husband and I got married and then filed the paperwork after which I received the conditional green card. In August 2020, we had a daughter and our marriage was still fine. May 2021 I filed for petition to remove conditional status. Dec 2021, we decided to separate. Feb 2022, we decided to file for a divorce and were talking to lawyers. May 2022 I received an RFE letter from USCIS saying that they had received information that we are separated so i should file a waiver. My divorce lawyer was able to check that my ex husband filed for divorce online himself (without serving it to me) and then sent those papers to USCIS possibly as evidence of our separation. My ex husband did not tell me he did that and continued to lie. At this point I hired a lawyer and asked him to help draft a response, I sent all supporting documents, including daughter's information as she is with me since separation. During this time I also serve my ex husband divorce notice which I also attached in suppporting documents. Since then I received two letters from USCIS, one extending my condtional greencard due to process delays and the other telling me my application will be now process in a difference center. Today I received a letter from USCIS, addressed to my ex spouse but sent to my address, asking him to appear for an interview with supporting docs. He will definitely not attend the interview and nor provide any supporting documents. He comes to see our daughter for a few hours every month and we are not on good terms so we do not talk. Will really really appreciate any guidance here!