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  • about divorce and i751

    i have a notice from the court of california saying that my divorce was filed and in that paper, it showed a date saying that it will be terminated on november 10. does this mean that this is not the final decree on my divorce and thus rendering the i751 that i have filed?

    does it also mean that i have to refile it and pay the same amount of 545 dollars?

    any comments on this?

  • #2
    i have a notice from the court of california saying that my divorce was filed and in that paper, it showed a date saying that it will be terminated on november 10. does this mean that this is not the final decree on my divorce and thus rendering the i751 that i have filed?

    does it also mean that i have to refile it and pay the same amount of 545 dollars?

    any comments on this?

    Comment


    • #3
      Hi Jep
      Did you file a I751-waiver without your divorce being final?

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
        Hi Jep
        Did you file a I751-waiver without your divorce being final? </div></BLOCKQUOTE>

        i was actually wondering whether that notice from the court was the final dcree or not but im leaning towards the idea that its not.

        with the filing fee increase by as much as 80 percent, this is just ridiculous.

        Comment


        • #5
          A final decree is signed by the judge and will have the date that the decree is final.

          Yes the increase is rediculous.

          So did you file a joint 751 or did you file a 751 waiver as I asked.

          Comment


          • #6
            not joint.

            and this just confirms my hunch. i will have to re-file it again. and for sure i am going to receive an NTA for that.

            Now i know now why I lose hair so much just recently.

            Comment


            • #7
              Nah you wont get an NTA for that. Just curious
              When did you send that 751? and did they send you a receipt for it and not acknowledge that you filed it without the final decree?

              Comment


              • #8
                my lawyer sent it just before my card expired this august 24. still no word from them yet. there was a cover letter saying that i filed it without the final decree but the copy of all my divorce papers, including the date in which it is "supposedly" terminated is stated in there.

                Comment


                • #9
                  Jep,
                  you are as of right now today,still married.

                  Your officially divorce when you appear in court and sign the divorce papers.And the judge declares you DIVORCE,thus, you'll receive your official Divorce Decree,until then you are married.

                  I hope for you,u won't get in trouble.
                  Remember,regardless of the cover letter.
                  Your official application your filled out and swore that any statement U made in the application is the truth.
                  But when you mark the part "entered marriage in good faith but ended in divorce" thats the key word "ended in divorce" meaning U are as of right now,sending anf filing the application no longer married and officially divorce.
                  But when they view your application,they will see "He is not even divorced yet" usually and 98% its denied on the spot.And just sometimes they'll give you the chance you to re sent the application again paying the fee again,or of you are lucky,they will ask you to submit the divorce decree when you are officially divorced.But of they do that,which is rare,they will give you a timeline....

                  The problem with this thing is.They want you to be divorced first,before U even cobsider sending the application,thats their way and law actually.But they also know the problem,when people have to remove the conditions and going through a divorce and not yet divorce yet and the timeline is up.

                  Good Luck...Hope your cover letter was detailed about it.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                    Mot exactly HBKHBK. In my last divorce I received the decree stating I am single without ever setting foot in the San Diego court. The decree is a simple 1 page form that says the court grants status of terminated marriage on a specific date. Not to say its completely final. If there are issues of property etc. to be resolved the case will remain open until final but the individual status of the petitioner and respondent can be set prior to final decree.

                    If your family law attorney is aware of your immigration situation he probably had the for sight to file a bifurcation to separate the two issues and get your marital status terminated early on. The only negative affect is the potential for financial issues if you are the sponsor and your income is in question pending the outcome of your property settlement. </div></BLOCKQUOTE>

                    I have that paper too dav. it stated the specific date on which it will be officially terminated. I dont know if i have to appear in court though.

                    thank you for your reply guys. i will keep you posted about my situation.

                    Comment


                    • #11
                      You need to read this divorce case:

                      www.i751.wordpress.com
                      www.i751form.com

                      Comment

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