AussieYo
-
Posts
9 -
Joined
-
Last visited
Immigration Timeline & Photos
AussieYo's Achievements
-
AussieYo changed their profile photo -
JD2 reacted to a post in a topic:
I-751 w/ waiver & Trump Presidency - New Marriage?
-
JD2 reacted to a post in a topic:
I-751 w/ waiver & Trump Presidency - New Marriage?
-
Edward and Jaycel reacted to a post in a topic:
I-751 w/ waiver & Trump Presidency - New Marriage?
-
Thank you everyone! This was all incredibly helpful.
-
Hi all! Almost two years ago I submitted my I-751 Removal of Conditions paperwork with the waiver form for individuals who divorced before the two year cut off. I just received an RFE for the divorce decree, I think this may be due to having sent in my judgment of dissolution which is an alternative to the divorce decree in California for more simplistic divorces. I will be clarifying this in my response. I am, however, nervous that with this delay my application will now be processed during Trump's presidency which it appears will be marked by significant immigration reform leading to increases in denials. I imagine cases like mine, where the marriage didn't last the minimum required time of two years, would be some of the first to be denied. My current partner and I have been together for over three years and are engaged and I am wondering if it would be wise getting married sooner rather than later as an additional protective measure?
-
Ok after further research I realize that I was slightly off in the last response and actually my ex and I went through a dissolution of marriage instead of divorce as an easier alternative in simpler cases. This is likely what my lawyer was referring to. I was thinking of including this in my letter. "Alternatively, in case there may be any confusion, in the state of California the "Judgment of Dissolution and Notice of Entry of Judgment” acknowledges the legal termination of the marriage. Dissolution of a marriage is an alternative to divorce in California when the marriage is under 5 years, the couple has no children, limited assets and the decision was made with mutual agreement. Thus as this was a dissolution of the marriage as opposed to a divorce the “Judgment of Dissolution” is provided by the courts in place of the “Divorce Decree”."
-
Looking at the Californian version of the divorce decree, it is actually called a "judgment of dissolution and notice of entry of judgment" as opposed to a divorce decree, a title used by other states. I am wondering if perhaps this may be where the confusion may lay and perhaps what my lawyer was referring to when they mentioned referring to the applicable law? I wonder if perhaps I should just mention this in case the officer was looking specifically for a document titled "divorce decree"? I imagine it would be less common for them to encounter I-751 with petition waivers so maybe they aren't aware. I'm just cautious of sending everything in and receiving another RFE or being denied.
-
Thanks so much for all of your thoughts! When responding to the RFE should I also include a letter mentioning that I had provided my lawyer with the divorce decree and that they said they included it in the packet along with informing them that neither myself nor my ex-husband has been married prior to our marriage (in reference to the second RFE request) or is that unnecessary and I should just send the document?
-
Hi all, After submitting my I-751 about two years ago I just received an RFE requesting proof of legal termination of marriage (see images attached). I've never received an RFE before but it seems relatively simple, just send the document, in this case it'd just be the divorce decree (which my lawyer sent with my original packet). I reached out to my lawyer to hear what they thought, just because I've heard people stress out over RFEs before. My lawyer said, "We will handle the RFE Response. Sometimes it is just a matter of educating the officer, referring to applicable law, and resubmitting the evidence." They also wanted to charge $700 to do so. I feel like they are trying to make it sound more involved than it really is to claim a handsome fee for doing so. What are your thoughts, can I handle this myself? Do I just send in the requested document or do I need to include something else like a letter explaining my inclusion of the document? Do I mention that my lawyer sent the document in my original submission? Thanks so much for any insights you can share!
