S Folinsky

General comment: no matter what, comply with your normal obligation to advise DHS of your current address. If memory serves me correctly, the online AR-11 has a function to hook up the notice of change of address with pending applications.

notaclue

Thanks. I actually just updated my address to our new house (that we just built) the other day. Looks like I'll be changing it again.

Can anyone advise what I need actually file to notify that my application for removal of conditions is no longer based on marriage? We have been married for almost four years and my two years elapsed back in September 2019. My i751 is still pending and they gave me an 18 month extension in order for them to process it.

ddsrph

I was thinking from previous posts you were in a driving job. Plenty of jobs there. Nashville has been recently mentioned as being short of police officers. City is growing rapidly.

Noorah101

You'll need to submit your divorce decree whenever that is final.

Rene

S Folinsky

You have asked “what” but not “when” or “where.” I perceive timing issues which can be what us legal types call “fact dependent” - in other words the best way to proceed can vary a lot. The reason I initially suggested legal advice is more for aid navigating the path to the unrestricted card with the least amount of pain and/or roadblocks.

civilservant

You really have 2 options, either withdraw that petition and file a new one based on the divorce waiver, or submit the decree with a cover letter to USCIS and specifically ask that petition XYZ be converted to petition with waiver from it's current status.

I had my decree when I filed the I751, so it was a little simpler for me.

Rete

He is not divorced yet and I don't believe the divorce paperwork has been filed. All he do at the moment is wait.

A shame that he appears to have been taken for all she could get. Waits until the house they were having built was finished before asking for a divorce. Sounds to mercenary for my tastes.

civilservant

I actually agree with Folinsky on this one because of the following 1) The petition he filed is no longer accurate and 2) withdrawing that petition would leave him out of status.

I think notaclue should indeed have a consultation with an immigration attorney, just to clarify what steps to take as much as anything.

notaclue

Things have calmed down somewhat, still a sad situation however. We will file for a divorce over the next few months, although I will have moved out before then. We are going down the uncontested route and will sell the house. Thankfully we are being amicable.

I do agree that the better thing to do is to wait until the divorce is through before contacting USCIS. We have ample evidence that our marriage was entered in to in good faith, but I cannot help but worry that I would still get hung up in the divorce affecting my status.

My wife has agreed to have a document signed and notarized stating that she entered in to our marriage and that it was a mutual 'didn't work out in the end' situation that I can submit in addition to evidence we built a house together, bank statements, tax returns and such over the past four years. I can only hope this will be suffice.

Noorah101

It's not just "better" to wait, it's the fact that you can't do anything without the divorce decree. So no need to contact USCIS before you have that in hand.

Rene