ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 2 of 2

Thread: Update on I-751 pending with Divorce before decision

  1. #1
    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. #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.

Similar Threads

  1. Pending I751 decision, spouse wants divorce immediately. What to do?
    By berisford in forum Immigration Discussion
    Replies: 7
    Last Post: 05-03-2011, 01:38 PM
  2. I-751, Pending Divorce, Affidavit of Support
    By DoctorAndLawyer2B in forum Immigration Discussion
    Replies: 2
    Last Post: 12-09-2006, 11:30 AM
  3. Update on JOINT I-751 FILED AND DIVORCE PROCEEDINGS
    By Aguila in forum Immigration Discussion
    Replies: 48
    Last Post: 09-24-2003, 10:35 AM
  4. PLease help divorce and I-751 pending
    By spartan in forum Immigration Discussion
    Replies: 4
    Last Post: 08-25-2003, 01:28 PM
  5. i-751 pending and usc spouse file for divorce
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 07-11-2003, 08:23 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: