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Aguila's Case Update: Divorce Final Today

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  • Aguila's Case Update: Divorce Final Today

    For those who have given me extremely valuable advice and for those who might face the same situation I am facing today I am posting this update.

    For the ones who do not have any idea about my situation I have a pending (for 14 months already!) a JOINTLY FILED I-751 with VSC. In the middle of this waiting my USC spouse filed for divorced which was finalized today. After several discussions here and reading cases decided by USCIS, IJ, and BIA... we all learned that once this happens (divorce final before adjudication of pending jointly filed I-751) a new I-751 must be filed based on waiver grounds. This new petition will automatically withdraw the first one. Although many of us learned this and read attorneys suggesting this, we have never seen anybody this, so I guess I will be the first one from this and several other boards.

    I will now file a new I-751 based on waiver grounds and with its supportive evidence. It will be interesting to see if they keep the same timeline. I will not file immediately now because I will be probably moving next month and I don't want to deal with the hassles of later on trying to have USCIS have my current address. I will keep everyone posted as soon as I filed and receive a new NOA hopefully stating that I am keeping the same timeline.

  • #2
    For those who have given me extremely valuable advice and for those who might face the same situation I am facing today I am posting this update.

    For the ones who do not have any idea about my situation I have a pending (for 14 months already!) a JOINTLY FILED I-751 with VSC. In the middle of this waiting my USC spouse filed for divorced which was finalized today. After several discussions here and reading cases decided by USCIS, IJ, and BIA... we all learned that once this happens (divorce final before adjudication of pending jointly filed I-751) a new I-751 must be filed based on waiver grounds. This new petition will automatically withdraw the first one. Although many of us learned this and read attorneys suggesting this, we have never seen anybody this, so I guess I will be the first one from this and several other boards.

    I will now file a new I-751 based on waiver grounds and with its supportive evidence. It will be interesting to see if they keep the same timeline. I will not file immediately now because I will be probably moving next month and I don't want to deal with the hassles of later on trying to have USCIS have my current address. I will keep everyone posted as soon as I filed and receive a new NOA hopefully stating that I am keeping the same timeline.

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    • #3
      For those who have given me extremely valuable advice and for those who might face the same situation I am facing today I am posting this update.

      For the ones who do not have any idea about my situation I have a pending (for 14 months already!) JOINTLY FILED I-751 with VSC. In the middle of this waiting my USC spouse filed for divorced which was finalized today. After several discussions here and there and reading cases decided by USCIS, IJ, and BIA... we all learned that once this happens (divorce final before adjudication of pending jointly filed I-751) a new I-751 must be filed based on waiver grounds (although there is no memo or policy memorandum officialy issued by USCIS).

      This new petition will automatically withdraw the first one. Although many of us learned this and read reputable attorneys suggesting this, we have never seen anybody actually doing it, so I guess I will be the first one from this and several other boards and that is why I feel that I have post updates so others can learn from my experience.

      I will now file a new I-751 based on waiver grounds and with its supportive evidence. It will be interesting to see if they keep the same timeline. I will not file immediately now because I will be probably moving next month and I don't want to deal with the hassles of later on trying to have USCIS have my current address. I will keep everyone posted as soon as I filed and receive a new NOA hopefully stating that I am keeping the same timeline as the current pending jointly filed I-751.

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      • #4
        Keep on moving forward...

        ARQU

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        • #5
          ARQU:

          Thanks man... I feel much much better now that I am divorced and I closed that chapter forever!!

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          • #6
            Wow Aguila I feel you... wow. Thanks for putting your experience on the board its invaluable. Something that I myself will have to go through as well.

            Thanks again and best of luck as you are riding through this road...

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            • #7
              Aguila,
              Thanks for the update.

              I hope BCIS can resolve I751s faster because its ridiculous that now its deja vu for you all over again- having to start all over the I751 waiting process.

              I dont know what it will take to wake these guys up. They are in very deep slumber!

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              • #8
                You never told us the grounds for divorce; what is your counterclaim ? What is the financial settlement ??

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                • #9
                  To the sweet Aguila,

                  Thanks for sharing...and I wish you all the VERY BEST!

                  Take care!
                  Beware of small expenses. A small leak could sink a big ship.

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                  • #10
                    Aguila, thanks for keeping everyone updated, good luck.

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                    • #11
                      Thanks everyone for your support!! This board and your posts are really important to me!

                      Wish:

                      Nice to see you back in the board gatinha! I hope you will never have to go through this since there is a lot uncertainty now in regards to the outcome of my immigration case.

                      John Doe:

                      I doubt you'll have the same problems I am facing now because you are under TSC; however, I'll keep praying for you so they don't call you for an interview.

                      Michael:

                      I mentioned many times the grounds for divorce, she filed for mental cruelty and it got amended to NO-FAULT, so the divorce was granted under NO-FAULT ground in NJ is 18 months separation with no hope of reconciliation.

                      I did not countersue for divorce but rather for financial issues and for document production. The financial stuff was simple to solve since there were not many assets to share, in regards to the tangible property I waive my rights to it, so she kept all the physical stuff like tv's, pcs, and other stuff and she paid 24 hundred dollars she was owing under a credit card that is on my name but she was an authorized user.

                      No alimony payments and none of that nonsense.

                      ZabZub:

                      Thank you very much for your wishings, I wish you the best on your AOS interview too! Did you travel with AP?

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                      • #12
                        Hi aguila...

                        thanks for updating the board...wish you all the best ... Pasha

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                        • #13
                          Hey Aguila

                          Thanks for update. How you doing man. Even though it was over .. its a final chapter now. However it is still traumatic. Peace be with you and all the best in what is to come for you.

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                          • #14
                            Cool!

                            Now you can go get some poontang!
                            Sweet Madame Belu

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                            • #15
                              That'll surprise the USCIS. Normally they expect you to divorce immediately AFTER you become permanent!

                              -= nav =-

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