om chi
Dec 4, 2024
need advice on I-751 Pending and Divorce Situation
Hi everyone, I came to the U.S. in 2021 on a K-1 visa. I filed my I-751 petition to remove conditions on residence, and USCIS received my documents on March 1. A week later, I got a letter extending the validity of my green card for 48 months. I also completed biometrics, and the last update I received was on March 29, stating that my case is being actively reviewed by USCIS. While waiting for my 10-year green card, my marriage has taken a difficult turn. My husband and I are still married and living together, but we barely interact. He is very hostile and wants to divorce and move on. I feel unstable and anxious about what will happen if we divorce before I receive my green card. I don’t know what legal steps I need to take to ensure I can stay in the U.S. after a divorce. I also don’t have a stable job, which makes everything even more uncertain. I don’t plan to apply for citizenship through marriage in February as originally planned, because my husband has said he will inform the authorities about the divorce. I feel incredibly lonely and isolated, with no one here except him, and I’m scared about what’s next. If anyone has been through a similar situation or has any advice, I would be very grateful if you could share your experience. Thank you.
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Hannah PettyDec 4, 2024
Hi, talk to a lawyer and file your case under VAWA and you will get a 10 year green card that will eventually be you and your husband will not feature in future. Hurry and see a lawyer
om chiDec 4, 2024
Hi Hannah. Thank you for your response. There is no physical abuse however there were a lot of verbal and emotional abuse. I have no evidence. In contrary during our arguments he has been recording me while I’m angry. I’m not sure if I’ll qualify for VAWA for that reason. Also I don’t have a financial situation to cover lawyer. I got in touch with so many organizations and but didn’t receive any help yet
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Green buzzDec 4, 2024
Divorce doesn't effect your case as long as the marriage was real. If you do get divorced before the I-751 is approved you will have to inform USCIS and change the type of case but it will be approved.
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Green buzzDec 4, 2024
no need to be worried about it
Gaurav KaulDec 4, 2024
@om chi watch on YouTube Hacking Immigration law. his name is Jim he usually goes live on YouTube every day. he will answer your question/guide you. Hope this will help.
om chiDec 4, 2024
thank you everyone. marriage is real. I’m just trying to figure out should I wait for my 10 year residency permit to get approved before filing divorce or not as I’m worried a lawyer cost much money
om chiDec 5, 2024
@Green buzz do you think this situation I’m in common?
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Green buzzDec 5, 2024
definitely waiting for divorce after being approved is better but it can take 4 years for it to be approved. Your situation is certainly common.
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Dorcas ADec 5, 2024
@om chi just ensure you have a record of all of your bonafide marriage documents or proofs; even if you both divorce before you receive your 10years green card, all you have to do is inform USCIS and update your i751 application to be one based on Divorce waiver, you won’t have any issues… this has happened to a lot of women and they got their 10year green cards regardless of the spouse being unreasonable
om chiDec 5, 2024
@Dorcas A thank you for your comment. it really made me feel a bit better. can I go through divorce and changing status without a lawyer?
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AJ BDec 5, 2024
I am sorry you are going through this @om chi some US citizens spouses use this to gain power and control over their spouse it’s sad
om chiDec 5, 2024
@AJ B thank you. he has been using his power for years now. anytime I didn’t agree with him he would tell me that he wants me to go back and he is getting a divorce. I just can’t take it anymore..now he started having wondering eye and telling me he is going to file divorce soon. should I file it before him or doesn’t it matter who files first - immigration reasons
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Green buzzDec 5, 2024
doesn't matter
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AJ BDec 5, 2024
@om chi I don’t think it really matters because you can file under VAWA without him and you will still get it
om chiDec 5, 2024
@AJ B doesnt it need to be proof for it
om chiDec 5, 2024
@AJ B @Dorcas A @Hannah Petty @Gaurav Kaul @Green buzz do I need to let uscis know after filing a divorce or after finalizing the divorce? do I need a lawyer for both immigration and divorce or can I do by my self you think? can I get through this process and can stay here without VAWA?
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Green buzzDec 5, 2024
technically everything can be done by yourself.
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Green buzzDec 5, 2024
and you don't need vawa
om chiDec 5, 2024
@Green buzz what should I do first file divorce or change my I 751
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Green buzzDec 5, 2024
divorce
om chiDec 5, 2024
@Green buzz so should I wait for divorce to get finalized? what if they schedule an interview in this process?
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Green buzzDec 6, 2024
That's a good question, I'm not sure. But you should get divorced quickly and notify them
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AJ BDec 6, 2024
@om chi the best thing is to talk to an immigration lawyer, that way they can guide you on the best options available
om chiDec 6, 2024
@AJ B what are you thinking about the lawyers in this app?
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will vDec 6, 2024
thank you your sharing. same situation. i dont do anything yet. i am waiting for the divorce finalized. do you have any advice for me? thank uou
om chiDec 6, 2024
@will v hi! I didn’t file divorce yet. I think I’m going to wait for him to do that as I don’t have a stable job now. did you file a waiver already? when did you file a divorce and which state? email me if you’d like om.fineartstudio@gmail.com
om chiDec 6, 2024
at this point as I said I plan to wait for him to file a divorce as he mentioned recently. I plan to agree on divorce and not ask for anything. when the divorce is finalized I plan to find a immigration lawyer and send a waiver to uscis. my problem is we’ve been having issues in this marriage for such a long time and in time he literally separated everything we had together including shared streaming services account if you believe it. now I’m worried that we don’t even have a single picture for last one year of our marriage as we were fighting intensely every other day. and I definitely have no extra evidence to submit to us is when submitting us is a waiver other than our lease agreement…
Gaurav KaulDec 7, 2024
@om chi for a Waiver I-751 you have to prove that you entered in the marriage in Good Faith. Extra Evidence, Otherwise they will sit on your case forever.
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Dorcas ADec 10, 2024
@om chi yes you can file for your divorce and submit the divorce waiver yourself without a lawyer… just attach all of the boba fife documents you’ve compiled through the years about your marriage you will be fine ❤️
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Dorcas ADec 10, 2024
@om chi on another note, you don’t have to apply for VAWA, that will just make your case longer than needed; once he files for the divorce just send the divorce decree to USCIS also you might be lucky, your i751 gets approved soon with no interview and you wouldn’t have to deal with your husband and his empty threats anymore
om chiDec 10, 2024
@Dorcas A thank you for your support. I’m just scared they will decline when I send the waiver since I have no additional joint doc since I filed I 751 jointly except the lease
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Dorcas ADec 11, 2024
@om chi You are welcome, don’t be scared the lease is fine; you can still share the bills to your current home even if it’s just your husband paying the bills not all married couples have both their names on all bills
om chiDec 11, 2024
@Dorcas A yes, only his name is on the bills but I pay the half since I moved. how to put that on the document and show that we both pay the bills
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Dorcas ADec 11, 2024
@om chi you can attach a letter as well as a print out of transactions showing you transfering or paying for these bills… this might be overkill though just give them your lease, pictures, trips, insurance docs, Costco cards if any, basic mails coming to your home with both names; tax documents, etc There are loads of other documents you can share or submit
om chiDec 14, 2024
@Dorcas A even all of these docs belong a year ago except the lease will they be ok? my spouse says he will write affidavit of support but he is not so dependable he can change his mind

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