loughman46

Hi everybody . First time poster here.

I'll give a little background first.

I met my USC ex wife in 2009 in Ireland, came to the U.S. in 2013 on a K-1 visa and married within the 90 day period allowed.
I filed the I-751 in August 2016 but was still waiting for a decision when we divorced in October 2017.
I haven't informed USCIS of the divorce yet, so my question is how to proceed from here?
Any help is greatly appreciated.

S Folinsky

First the good news - the minions of the dark forces allow you to shift a pending joint petition to a waiver of a joint petition. This was not always true so you might see some old information saying a new petition is necessary.

That said, the nature of you divorce is governed by state, not Federal law. Current DHS procedures are in flux and can vary by location.

Rete

Could you possibly unscramble the above so that the reader has some idea what you are talking about?

loughman46

Thanks S Folinsky. My I-751 was filed through the Callifornia Service Center and my divorce was in Oregon.
In terms of what to do now, is my next step simply to send a letter informing USCIS of the divorce, include a copy of the Notice Of Entry Of Judgement and ask them to amend the jointly filed I-751 to a divorce waiver?

S Folinsky

I really do not know what the best way to handle it would be. I hang out in immigration lawyer groups and sites and there is a fair degree of head scratching on what to do.

Dan Larsson in Bend is a fine immigration lawyer.

scrubbedexpat099

So you are now filing with a divorce waiver, make sure you have evidence for a good faith marriage, hopefully you kept documentation.

loughman46

Thanks for the replies but what I'm asking is, do I have to file a new I-751 with a divorce waiver or do i just write a letter to USCIS asking them to amend my jointly filed I-751 as I'm now divorced?
Please keep the replies as simple as possible. Thanks.

Noorah101

I dont know the answer, but it sounds to me that Mr. F thinks sending in a new I-751 is old information. Therefore, my layman's guess is to simply notify USCIS and see what happens. I would include a copy of the final divorce decree at least.

For a non-layman's answer, please consult with an immigration attorney.

Rene

scrubbedexpat099

Option A

update the existing I 751

Option B

File a new one

S Folinsky

Two things seem to be certain: first, a new I-751 is not necessary. Second, using the on-line AR-11 form, make sure to keep your address with CIS up to date including the ancillary report for pending applications.

Absent a pending Request For Evidence (aka RFE), CIS is notorious for not hooking up mailed in submissions with pending applications.

I know what I would do, but respected colleagues disagree.

Good luck.

212

You do not have to file a new I-751.
Write requesting a change to a divorce waiver, and enclosing a copy of your final divorce paperwork, and a copy of your original I-797C receipt/extension letter.

Divorce waiver petitions are still adjudicated on the evidence provided, so I hope you kept it all!
More than likely to be scheduled for an interview once you switch to a waiver, but this will be only for you, not your ex spouse.

scrubbedexpat099

I would also mention that this is a pretty common situation so nothing particular to be concerned about, people with very little evidence seem to get approved.