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  • Pre-Divorce Joint Pending I-751 VSC

    What are the steps a spouse should take regarding divorce of a bonafide marriage and joint I-751 pending. In other words everyone please list the documents the immigrant spouse should collect before withdrawing the Joint I-751 and filing a waiver and before leaving the house

  • #2
    What are the steps a spouse should take regarding divorce of a bonafide marriage and joint I-751 pending. In other words everyone please list the documents the immigrant spouse should collect before withdrawing the Joint I-751 and filing a waiver and before leaving the house

    Comment


    • #3
      Steel:

      Do not withdrawal your currrent pending JOINT I-751 you have a great chance of getting it approved before DIVORCE IS FINAL.

      Withdrawing is risky, once your DIVORCE IS FINAL then you have to take steps, but separation does not affect the status of your pending I-751.

      Comment


      • #4
        Documents you should take include but are not limited to:

        COPIES OF:

        -LEASE UNDER BOTH NAMES

        -UTILIY BILLS THAT CAME UNDER BOTH NAMES AND YOUR NAME TO PROVE THAT YOU LIVE AT YOUR ADDRESS WITH YOUR USC SPOUSE.

        -ANY AIRLINE TICKETS OR HOTEL STAYS THAT HAVE BOTH OF YOUR NAMES AT ANY VACATION

        -BANK STATEMENTS WITH BOTH OF YOUR NAMES

        -CAR INSURANCE UNDER BOTH OF ANY IF APPLICABLE

        -LIFE INSURANCE SHOWING USC SPOUSE AS BENEFICIARY IF APPLICABLE

        -CHILD FROM THE MARRIAGE BIRTH CERTIFICATES

        -AFFIDAVITS FROM AT LEAST 2 PEOPLE STATING THAT YOU LIVED WITH YOUR USC SPOUSE FROM SO AND TO SO AND SO, ETC, THEY MUST BE NOTARIZED.

        -PICTURES SPECIALLY THOSE AFTER YOU GOT YOUR CONDITIONAL GREEN CARD

        -EVERY INCOME TAX RETURN YOU HAVE FILED JOINTLY
        THIS IS VERY VERY IMPORTANT

        -CORRESPONDENCE THAT CAME UNDER BOTH OF YOUR NAMES SUCH AS CHRISTMAS CARDS, MAGAZINES, CATALOGUES, ETC.

        -COPY OF YOUR MARRIAGE CERTIFICATE

        That is what I remember so far, but make you sure you get all this documents before you leave.

        Comment


        • #5
          Thanks for ur advice Aguila.

          However, I-751 is taking so long and it is getting difficult to to remain in this marraige.

          once a person files a new 751 and withdraws the joint and filed for a waiver does he/she get one year extension again from the date of filing of waiver?

          Comment


          • #6
            Steel:

            I am in the same situation you are, so you are not alone. I know that I-751 is taking so long, probably your Service Center is VERMONT, is that correct? What State do you reside in?
            The reason I am telling you because is not that easy to get a divore, and lets say if you widthraw your I-751 and it takes you a while to get a divorce you cannot file a new I-751, your status will be terimanted and you will be getting into deportation proceedings, then you would have to ask the Immigration judge to allow you to stay in the country until your divorce is final to then file a new I-751.
            Just get separated and keep waiting, if they call you for an interview then you would have to take some steps, you would have to delay the interview giving a good reason, if your wife does not want to come and help you out, and you would have to file for divorce, you can only show up at the interview by yourself if you have a divorce decree in your hand and then the adjudicator will replace the I-751 that is filed and put in the file the new IO-751 that you would take the day of the interview and adjudicate in the spot.

            So as you see this is a very tricky situation, because in one side you have almost 90% of chances of getting your I-751 approved while you are separated and not yet divorced, but if they call you for an interview AND your wife does not want to come with you, then the sitaution changes...

            IT IS VERY IMPORTANT once you move out, to file an AR11 to comply with the change of address notification requirement, and then to write a letter to the Service Center that is handleling your case with your ALIEN# your RECEIPT NUMBER# and your NEW ADDRESS, you should enclose a copy of the NOTICE OF ACTION ON YOUR I-751.
            When you mail this ADDRESSE IT TO: ATTENTION: CHANGE OF ADDRESS.

            It will take 4 WEEKS to change your address in their systems and you should get a confirmation letter from the SERVICE CENTER stating that your address has been updated.

            If I were you, I would be also reading WHICH ARE THE GROUNDS FOR DIVORCE IN YOUR STATE, AND IF YOUR STATE IS A NO-FAULT(where you nobody has to blame the other party for the marriage failure)STATE.

            Comment


            • #7
              what u are saying is correct but pertains to only people who will withdraw joint and then file for divorce. what about in cases where u file for divorce and when the divorce is final (mine is a no fault and it takes 3 months) and then u file for a waiver? then you dont have to ask immigration judge for continuance right?

              my one year extension expired in June. if i file waiver before june will i get another extension?

              Comment


              • #8
                I have read in some sites, that the SERVICE CENTER SHOULD NOT ALLOW YOU FILE A NEW I-751 WHILE THERE IS ONE IN FILE ALREADY.

                WITHDRAWING YOUR I-751 BRING AS A RESULT TERMINATION OF STATUS/DEPORTATION PROCEEDINGS.

                So the issue is, you cannot withdraw until there is another I-751 on file, but also you should not be able to file a new I-751 if there is one pending, confusing eh?

                By the way just out of curiosity in which state can you get a no-fault divorce so quick?

                You have been waiting almost 16 months so it should get approved/interview very soon, see I am afraid that filing a new one will set the clock again from the beginning.

                Comment


                • #9
                  Hi Man of Steel. Question : Is your USC willing to go to I751 interview and be cooperative with you if one is called? Also, Is Usc willing to sign the no-fault divorce papers with no hassle? Is the USC pressing for divorce? If not.. and 16 months have passed since filing, Life cannot be that horrible to wait another 6 to 7 months . Let me do the math for you. 6 more months = 10 yr GC . Not a bad deal huh.

                  Comment


                  • #10
                    steel:

                    I am confused...in an earlier post you mentioned question about N400 and moving to NY for a job, and intimated that you would not wish to be separated from your wife. Has something changed?

                    Comment


                    • #11
                      Steel:

                      Another qeston...you wrote your one-yer extension expired in June, do you mena that it has expired in June 2003 or it will expire in June 2004?

                      Comment


                      • #12
                        swiss nut
                        yes things have changed since then. also the extension will expire june 04 ..let me clear that.
                        4now I filed in April 03 so it has not been 16 months

                        1. now th question are 1. will I get another extension after filing waiver?

                        2. will I be travel after I file for waiver and be able to return back?

                        3. I have to wait until I get my divorce decree in hand and then file a waiver right? what if i get approval after filing waiver and before getting the actual divorce.

                        help me guys

                        Comment


                        • #13
                          STEEL:

                          Why don't you hear me and 4now, JUST WAIT FOR YOUR JOINT I-751, then if you have a divorce do something, but for now JUST WAIT.

                          I highly doubt that you can be divorced in 3 MONTHS, because mostly NO-FAULT divorces require 1 YEAR SEPARATION. Don't trust those ads that says divorce for $300 without court appearance etc, you better check from a reliable source the grounds of divorce in your State with that been said..

                          IF YOU FILED YOUR I-751 IN APRIL 2003 you have just been waiting for 6 MONTHS!!!

                          1)If lets say you file, but I explained above is not that easy file a new I-751 while there is one pending etc, you must get an extension.

                          2)If you file another I-751 [IF THEY ALLOW YOU TO DO SO] you should get another Notice of Action which would allow you to travel and work.

                          3)YOU ARE RIGHT YOU NEED YOUR DIVORCE DECREE IN YOUR HAND BEFORE FILING A NEW I-751 THE SAME APPLIES TO APPEARING IN AN INTERVIEW BY YOURSELF IN THE CURRENT I-751.

                          BUT ONCE AGAIN JUST TRY TO WAIT AS MUCH AS POSSIBLE! IF YOU GET SEPARATED KEEP WAITING ON YOUR I-751, WHEN YOU HAVE DIVORCE THEN AND ONLY THEN THINGS CHANGE.

                          Comment


                          • #14
                            Steel:

                            You want the divorce? Or does your spouse?

                            Aguila18: Sorry but in some no fault states a divorce can go quickly if the petitioner and the defendant do not have any differences of opinion as to assets or custody. It all depends on the state of residence and the state of mind of the two who are divorcing. In my state, 21 days after petition for is served to defendant, an answer must be recorded. Then if there are no issues, a divorce can occur as soon as 60 dyas later.

                            Comment


                            • #15
                              Steel:

                              Maybe I am jumping the gun here, and if so, please accept my apologies...but if you are the one interested in divorcing, as it appears from your post, what is the hurry?


                              It seems to me there maybe another person in your life! Am I correct?

                              Comment

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