I-751 post-divorce

Old Oct 9th 2019, 10:38 pm
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Default I-751 post-divorce

Hi there

so I came here on marriage-based green card with the 2-year conditional. As a married couple, our intentions were genuine as was our marriage and, at the time, love. Within 6 months however, my wife cheated and I filed divorce. I have to file for the 10-year renewable in March 2020, and I plan to be totally open and honest of course. I have read mixed things however on whether or not I have to contact USCIS before then to declare the divorce or just simply file as I would in March with all the evidence of divorce and explanation. If I get an interview I will happily and truthfully share the full story. Should I be assuming I should be able to get the 10-year renewable? We did not divorce on bad grounds, we did a simple and quick “uncontested” divorce because we already had a settlement agreement and no children.
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Old Oct 9th 2019, 11:21 pm
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Default Re: I-751 post-divorce

You can file the I-751 now. You don't have to wait. After divorce, when filing a stand - alone case, you don't have to wait for the 90-day window.

You don't have to notify USCIS prior to filing the I-751. Just include the final divorce decree.

You should expect to be called for an interview on this one.

Rene
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Old Oct 10th 2019, 5:06 am
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Default Re: I-751 post-divorce

Thanks so much! Throughout our few months of married life in the US, I have the following evidence -
  • Apartment lease with both names
  • medical and dental insurance for my wife covered by me
  • Renters Insurance with both names
  • Transfers via our bank accounts
  • federal and state tax return
Should this suffice?
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Old Oct 10th 2019, 12:27 pm
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Default Re: I-751 post-divorce

All you can do is submit what you have. The only person who will know if it's enough is the adjudication officer.

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Old Oct 10th 2019, 1:23 pm
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Default Re: I-751 post-divorce

I had a door step of evidence for my divorce waiver, basically everything we had with both our names on it, statements showing the duration of the marriage, copies of her passport/DL showing her name change to my surname, photos with both of us together that clearly related to a specific time (eg my 30th birthday, which had to be 10/6/2014)

Ultimately you can only submit what you have. I was granted the waiver without an interview in 2015, but times have changed, and now almost everyone gets an interview, waiver or not.

Good luck!
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Old Oct 14th 2019, 7:39 pm
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Default Re: I-751 post-divorce

Originally Posted by Noorah101 View Post
You can file the I-751 now. You don't have to wait. After divorce, when filing a stand - alone case, you don't have to wait for the 90-day window.

You don't have to notify USCIS prior to filing the I-751. Just include the final divorce decree.

You should expect to be called for an interview on this one.

Rene
When I was in practice I would recommend filing ASAP after the divorce was final even if the two year conditional period had yet to expire. The idea was that not waiting tended to support the " bona fides" of the marriage.
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Old Oct 14th 2019, 7:44 pm
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Default Re: I-751 post-divorce

I certainly didn’t wait. I had the divorce decree in my hand 12/21 and the petition was mailed 12/22.
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Old Nov 12th 2019, 10:18 pm
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Default Re: I-751 post-divorce

I just saw this so will share my timeline. I also was divorced and it has been 2 years since filing for the removal of conditions.....I got the letter of approval 3 days after my final interview, which was about ten days ago. I got the green card (10 year) in the post 3 days after the letter, although it did say it could take 60 days.

I didn't know you could start the process prior to the 90 days so I can't comment on that. I started the process 90 days before my initial (conditional 2 year) green card expired. After filling out the forms and providing all the information I had, I received acknowledgement of receipt. I don't remember the exact date but maybe 4 months later I was asked to go to do the biometrics. I then got a letter stating my request had been sent to another state, and then another. I then had to go to the immigration office to get a stamp in my passport. This was about a year after sending in the forms. This stamp was valid for 1 year. A while later I was asked to provide more evidence that the marriage was in good faith. I didn't have everything they requested because I didn't have mortgage papers, the house was paid off, I didn't have any joint utility bills to provide because they were in his name and we didn't ever think of changing that to be honest. So I provided all that I had. At this stage I included photo's and also personal emails, a lot of which were between me and his daughter who i got on very well with. Some would say this is irrelevant but I disagree. Be open and honest and that is all that is required. More information/proof is better in my opinion.

A year later (we are now on year 2) I had to go to the immigration office again to get the stamp extended. It was extended for another year and at this point they took the Green Card because it was no longer valid anyway.

6 months after I received my appointment for the final interview. The lady was very nice and asked me about our marriage, and every day life things, including my current life. It was all very easy going and she knew that both myself and my ex husband had gone into a marriage of good faith, but that sometimes it doesn't work out.

3 days later I got the confirmation letter that I was approved for the 10 year green card. 4 days later I got the actual green card. All in all it was 2 years of waiting and living in limbo. On a personal note it has been so long that it still hasn't sunk in to be honest. It will take time, but I'm happy that I am no longer in limbo and I can move forward now.

I hope this helps

Last edited by charelle; Nov 12th 2019 at 10:21 pm.
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Old May 8th 2020, 3:38 pm
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Default Re: I-751 post-divorce

Hi
Sometime in February I went to have my fingerprints taken. Since then, no updates at all. I know my case is being processed at the NBC. I am hoping and praying that I will be granted the 10-year card; my wife basically abandoned her marriage; stayed away from home and started doing weed and having an affair with another guy, hiding messages etc...I included in my paperwork a statement by myself, proof that I had her on my medical/dental insurance at work, proof that we had joint renters insurance, joint tenancy agreement, bank account transactions to and from each other, some messages between her and myself during the separation etc. I have been a good person since arriving here, I have worked hard, paid my taxes, made friends and family; it would kill me to loose my immigration.
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