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Thread: Aguila's Case Update: Divorce Final Today

  1. #1
    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. #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.

  3. #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.

  4. #4

  5. #5
    ARQU:

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

  6. #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...

  7. #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!

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

  9. #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.

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

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