Jean_Esp

Hello Guys, I filled I-751 a couple month ago. I got my NOA and I already did the fingerprints. My divorce decree will be ready in a couple weeks and I will fill a new petition I-751 based on bona fide marriage. I will withdrawn the joint petition.

My question is this: Should I pay $465 as filling fee only or also the $80 for finger prints again. I was thinking to include in my petition the ASC Appointment Notice with the biometrics processing stamp and pay only $465. What do you guys think?

Second, I received the 1 year extension from the joint petition. If I filled the new waiver petition and leave the country trying to be admitted with the joint petition extension, do you guys thing that would be wrong since I withdrawn that petition?

Jean

ian-mstm

It's an entirely new petition... you must pay *both* the filing fee and fingerprint fee.


Easy answer - do *not* withdraw the first petition. You don't have to and there is no need to.

Ian

Jean_Esp

Thank you Ian for your prompt answer. If I dont withdrawn the first joint petition you dont think I would have two petitions at the same time?

ian-mstm

Well, yes... you will have two petitions at the same time, but that's not a problem. Eventually, the first petition will be denied because you are no longer married.

If you really want to avoid problems, don't file the 2nd petition until after your trip.

Ian

Cherr1980

Hi,
I am in your same boat. Filed jointly in Dec and now my divorce will be final next week. I have my package ready to sent only waiting to attach the divorce decree.

Yeah, it sucks but you should pay the ENTIRE fee, form plus fingerprints.

I am including a cover letter that explains that I filed jointly and I attached my previous NOA´s (including the biometric ones) so they do the match. I am not saying that "I am withdrawing" but "I filed a joint I-751 petition and due to divorce I am filing a new I-751 with evidence of my bona fide marriage...and" yada yada yada.

I think the exact words is not the issue since once you attached the divorce decree they know that your previous one is kaputt, anyway you MUST filed a new petition. Your previous one won't be valid the day that the judge signed the divorce petition.

If you go out now while your previous petition is valid, you dont have a problem since you are not divorced as of yet. But if you go out and you are already divorce...I would not do it, but that is my personal opinion. They probably won't find it right away and most probably your previous petition will look still as "pending" but bare in mind...that previous extension is not longer valid regardless if they find it out sooner or later.

I need to travel in mid July, but I would wait until I received my new extension letter and be able to get a new stamp for travel. Last week that I entered they say I should not use the extension letter only the stamp...wonders! I am in ATL.

Jean_Esp

Thank you Cherr for sharing your case with me. I talked to the Jax office and they told me the stamp was not necessary and the NOA was enough. I will call them back to figure it out if I can get one before traveling abroad.

I agree with you, it sucks having to pay the full fee again, it makes no sense at all. Initially I thought an amendment petition will be enough, but afterwards I realized that it will be an entire new petition.

Cherr1980

well, yeah that was my discussion with the CBP people last week. This time I entered...I showed the stamp and I was in my way...they were saying that no no, I needed the stamp (after I entered like 10 times in the US with my GC expired...). So I carry everything because the airline ask for the letter not the stamp and since ATL is my hub anyway.

Good luck with your filing, if you want I can PM you when I send mine this week. I am UNFORTUNATELY with VSC.

Poppy girl

You need a valid green card or a stamp, the airline's can and do make problems they have with me in the past.

And you need to cancel the other petition I was approved a self petition in Nov 2007 and the officer, said he wished that more people would cancel any other prior petitions, as it can delay and hold up the case plus cause confusion!!

bionomique

I don't think this is correct

Jean_Esp

Hello Bionomique, therefore, do you agree with me that in the cover letter of my application I should request the withdrawn of my joint petition?

Cherr1980

So Poppy, you that have been through this (I did not know that you filed jointly previously) we should state "I am withdrawing my previously filed joint petition I-751 with my ex husband, Charles Darwin NOA# xxxxxx. I am filing a NEW petition I-751 due to divorce, attached are evidence of my bona fide marriage"? Is that right??

I just need to verify so I can correct the first page of my cover letter. I am sending this tomorrow.

Cherr1980

Poppy, I another quick question for you...did you have to change names? If so, how was your experience at the SSA?

Poppy girl

In what respect do you mean!!
I have since my divorce kept my married name if that helps.

bionomique

Until such time that USCIS adopt AILA's recommendations, yes, I believe current practice is that the alien withdraw the pending and jointly-filed I-751 and replace it with a waiver and a divorce decree.

Cherr1980

Thanks Poppy girl and Bionomnique!

I will see tomorrow...I have my final court date and I should get my divorce decree and all that. So since I am asking already for several hours off work I wanted to go to the SSA and DMV office...this is getting harder. A girl in another forum the SSA office told her that she must wait until the PLASTIC card...that is ridiculous! is getting a year...so how that I can change my W4 with my new name but I won't be able to change my name in my SSN...how they will match all that?

So far the DMV looks like it is going to be a little bit better...who knows...I really hate all this. I never ever should change my name...I mean isn't enough to go through divorce and all that...it's like over and over again...jeeez! :curse: