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Update on I-751 pending with Divorce before decision

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  • Update on I-751 pending with Divorce before decision

    I find this on my research hopefully it will help a little bit, however I don't know if Vermont will do the same than this service center. Any comments appreciated.

    Also I send a message to the Director of the BCIS through www.congress.org I urge you guys to do the same.



    For I-751 petitions that are filed as joint petitions but after the filing the couple divorce or separate, the current policy at the Los Angeles District is that the beneficiary is not allowed to use the originally filed joint petition as a waiver (self-petition), the joint petition will be denied, and another I-751 petition will have to be filed with the CSC as a waiver (self-petition): What if the second (self-petition) I-751 is filed before the interview on the first (joint petition) I-751, can the DAO adjudicate the second I-751 at the time of the interview on the first I-751?

    Answer: The Service Center won't allow another filing if an I-751 is pending. Need a decision on the first before the second can be adjudicated. If attorney withdraws the first and files the second, this should be acceptable and excuse the late filing of the second petition-as the first was timely filed and can show filing of the first.

    The District doesn't know what petition will be in the file for interview. The first I-751 may be there. Maybe the District could try to put a Receipt number on the interview appointment notice. INS District will work a little more on this and report at one of our next meetings.

  • #2
    I find this on my research hopefully it will help a little bit, however I don't know if Vermont will do the same than this service center. Any comments appreciated.

    Also I send a message to the Director of the BCIS through www.congress.org I urge you guys to do the same.



    For I-751 petitions that are filed as joint petitions but after the filing the couple divorce or separate, the current policy at the Los Angeles District is that the beneficiary is not allowed to use the originally filed joint petition as a waiver (self-petition), the joint petition will be denied, and another I-751 petition will have to be filed with the CSC as a waiver (self-petition): What if the second (self-petition) I-751 is filed before the interview on the first (joint petition) I-751, can the DAO adjudicate the second I-751 at the time of the interview on the first I-751?

    Answer: The Service Center won't allow another filing if an I-751 is pending. Need a decision on the first before the second can be adjudicated. If attorney withdraws the first and files the second, this should be acceptable and excuse the late filing of the second petition-as the first was timely filed and can show filing of the first.

    The District doesn't know what petition will be in the file for interview. The first I-751 may be there. Maybe the District could try to put a Receipt number on the interview appointment notice. INS District will work a little more on this and report at one of our next meetings.

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