Haley-751

Hi,

I filed joint i-751 on April and then divorced which was finalized on June. I got biometric done at beginning of Aug. And today, I just got mail that they approved my joint I-751 and said I will get 10yrs GC within 30 to 60 days.

I haven't updated them with my divorce status and filed for waiver yet because I am on the process of gathering information and fixing letters to explain my marrage life and why we divorced. Beside, I thought there s no way they would process my application so quickly. just 2 weeks after biometric appointment, they approved my case.

I expected they would send me REF letter asking for more information or something else. anyway, here are my questions:

1. Should I update them with my divorce status IIMEDIATELY? I dont wanna update right now since i dont have enough money to afford for lawyer. I 'd like to wait 6 months later to save enough $ and hire lawyer, just to be on the safe side.

2. what consequences would it be if I delay to update the status (6 months later)? I know if i dont update the status and just walk away with my 10yr GC, I ll be on trouble later when naturalization. But with delaying process of updating them my status, is there any problem with me ??? Man ........ I'd love to walk away with my GC .... its just so many headaches of papers that I have been though

3. after updating, the new I751 will be based on waiver. how many chances they will approve my case? ... I mean its just simply they wanna know about the status of marriage and pretty much stick with original decision which they approved OR they will work on this case all over again

HN

ian-mstm

You're not obligated to. Congratulations... you played the game and won. Leave it alone... get on with life.

Ian

Haley-751

its not that simple, Iran. Look at this thread

http://britishexpats.com/forum/showt...ighlight=I-751

or http://www.visapro.com/Message-Board...ad.php?t=14454 (if u cannt see this thread, u can google "I-751 approved 4 days after divorce"

adjudicator89

Like Ian said. Just leave it as it is and enjoy your life. But now you have to wait longer to apply for N400 as it won't be based on your marriage anymore.

ian-mstm

I am not a country!

Not the same as you at all.

Ian

lostlove

Your first link is very interesting. That ordeal starts like yours but continues to get worse every time. Dark forces at their best. Better be safe than sorry! Time to save up for an AILIA lawyer -- at least for a one time consultation. Only an AILIA lawyer again, not a quack, not a paralegal, or some "solution for all" charlatan. I would chose someone who is prudent with lots of experience. Lawyers could be divided about what to do. Refile a waiver OR just forget about it?

Poppy girl

When you file for citizenship will this not bite you in the butt if they work out that the dates,only asking not sure!!

lostlove

Question for a question: Could they revoke the approved 10 year green card after finding out the OP filed for divorce before submitting the joint I 751 ?

The OPs divorce was finalized in June, and joint 751 was filed in April. That means the divorce filing and joint 751 was done at the approximate same time.

Where is our pedantic Mr. F. I love to get a lesson on this.

Poppy girl

Yes I am curious, I am not trying to scare anyone and far play, good luck, and all that but would they see it as immigration fraud

Folinskyinla

Hi:

This is problematical. In the past, I would have said, refile the dam thing to protect your rear end.

However, within the last few months, CIS has come around to the idea that one CAN convert a joint I-751 to a waiver while the application is pending.

Hard to say what to do -- my first inclination is to file a Motion To Reopen with stiff CIS fee with proof of divorce and ask that it be reopened and then approved as a waiver. There is a time limit on this -- at least you would be on record when naturalization comes up and if they never adjudicate it -- you've got that 10-year card.

I may be a lawyer, but I am not your lawyer. These are just rough thoughts. Again, this is based upon very recent changes in policy.

Bluegrass Lass

This is exactly the question that popped into my head. If the OP decides to file for citizenship, USCIS will notice the dates. If at any time, USCIS somehow reviews his case (either due to N-400 or renewing 10yr card) they could figure out that they incorrectly approved this I-751 and then revoke it couldn't they?

Haley-751

hehe, , sorry ian, wrong spelling.

the first link was xactly the same as my situation. he divorced on July and got approval on Sep. (for me, the divorce was finalized on June, and i got approval on Aug, this month). The poster didnt encounter any trouble until he filed N400 and got denied due to the 10yr Gc wasnt supposed to be issued.

For Lostlove and poppygirl's concern, actually we did separation agreement long before and then tried to reconcile. When we reconciled, we filed i751 as joint. Then it didnt work out, my ex filed for divorce based on old separation agreement.

And for some state like Texas, they dont require separation time before filing for divorce. Once you file for divorce, it can be finalized within a week and 2 weeks.

Back to Folin's advice, how can i file " Motion To Reopen the case ", what did u mean with stiff CIS fee ? how long is the time limit that you mentioned?

thanks and very appreciated for inputs

lostlove

Well, all of the above plus an evil letter. Now that would be the icing on the cake, and shit hitting the roof at the DO. Could be hell for the OP.

Thank you Mr F.

Poppy girl

I would re-file, depending if Haley wants to apply for Citizenship, her call I guess, but I would be sweating buckets

Folinskyinla

Hi:

The cover form is the I-290B

The fee is $585. For those outside of the New York Metropolitan area, the instructions for MTR's as stated on the I-290B can be compared to the New York Yankees. [Red Sox fans will understand].