Angie J
Apr 24, 2023
Submitting i-751 divorce waiver
Hello!
I initially filed for my removal of conditions on Jan 2021. It has been a long time, and I have not heard back from USCIS about this. Unfortunately, my marriage has now ended and I filed for divorce last week. I am about to send my divorce waiver petition to USCIS but I’m not sure where to send it to. My case is in Potomac office, so I’m not sure if I should send it there or to the i-751 mailbox. Does anyone else have experience in this? thanks in advance!
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Moon mnApr 24, 2023
will you apply to waiver without divorce decree on hand?
only meApr 24, 2023
following
Rocco FortéApr 25, 2023
@Angie J Hey sorry about your marriage. Send your divorce decree and a letter requesting to switch your case to a waiver to the Potomac address on your extension letter. Make sure you get a tracking number so you’d have proof that it was delivered. You can add additional evidence accumulated since filing. If you can get your ex to sign a sworn statement about your marriage then that will help.
Angie JApr 25, 2023
@Rocco Forté thanks so much Rocco!
Angie JApr 25, 2023
@Moon mn yes, I’m sending a letter with additional evidence and requested an rfe which i can return with the final decree.
Moon mnApr 25, 2023
Thank you Angie, I am in the same boat with you, but i dont know how many months it take to get divorce finalized. ( I am in FL)
only meApr 26, 2023
@angie j you are requesting an rfe? is that better or just get finalized the divorce and sending a letter right after
Angie JApr 28, 2023
@only me I think it’s best to just be honest and straight up, so I’m requesting an RFE when I get a court date so I can just submit the finalized paperwork afterwards. i just don’t want my i751 approved before I notify uscis of the divorce, since I’m worried it’ll be seen as not being honest, since the i751 was on the basis of my marriage. usually divorces (if both parties are in agreement) can get finalized in 90 days and thats how long you have to provide a response to an rfe, but ultimately it’s up to you and your lawyer when you send notice of your divorce to uscis.
Wolf KhanApr 29, 2023
@Angie J Your best bet is to wait until you divorce is finalized. Courts are backed up because of Covid. You will have 87 days to respond to RFE and if you don’t submit Final Divorce Decree while responding to RFE then they will not accept your response. Once you receive you final divorce decree gather all the evidence, ask friends and family to write affidavits regarding your marriage and divorce, write a brief statement about your marriage and divorce.
only meMay 1, 2023
anyone knows where to send all of the documents including the divorce decree? is it where we file the i-751?
Moon mnMay 2, 2023
@only me the adress same as on your extension letter
only meMay 2, 2023
@moon mn Thank you!
Angie JMay 3, 2023
@Wolf Khan yeah, i thought about this, and decided to send my letter after the divorce is finalized! thanks Wolf!
Moon mnMay 4, 2023
@Angie J I will do the same, please let us know if there is an update🙂
zak h.Jan 16, 2025
I filed my N-400 and I-751. my wife left me and we do not live together anymore. we have not filed for divorce yet. My waiting time for N-400 interview shows 2 weeks before interview is scheduled. Not sure what to do in this case. should I just prepare my proof of relationship and attend the interview? or should withdraw my N-400 and file for divorce waiver? but divorce is not even filed yet. I'm lost. Anybody knows what to do? I appreciate your help.
