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My I-751 is still pending, while my divorce has been

finalized this month. How should...
My I-751 is still pending, while my divorce has been finalized this month. How should I let USCIS know about the marital status change?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: My I-751 is still pending, which means I filed I-751.
JA: Have you talked to a lawyer yet?
Customer: No I don't have an attorney for my case.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I don't think so.
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Answered in 2 minutes by:
11/17/2017
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,281
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did you file the I-751 as a waiver or you filed it jointly with your spouse?

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Customer reply replied 30 days ago
We filed I-751 jointly with my ex spouse. We don't have any kids between us, so we submitted several pieces of financial documents (joint bank accounts, joint tax return, my 401K for which one of the beneficiary was the ex-spouse) as the evidence of marriage.
Customer reply replied 30 days ago
Sorry, I don't quite understand your comment on shooting the messenger.
Customer reply replied 30 days ago
If you wouldn't like me to talk over this messaging section, I need to pick other experts.

Meaning that people like to blame the messenger whenever bad news is received. I am just the messenger if it is bad news and should not be blamed for it. Anyway, take a look at this official link:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Specifically, this is the important part:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

  • You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

So you really need to inform them of the divorce so they change it to a waiver format.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 30 days ago
I read this part, but I was not sure if I need to turn in I-751 again, or mail only the copy of final divorce decree to USCIS.

I would mail in the copy of the divorce to the address found on your receipt for your I-751 and explain that your marriage was good but just fell apart. It also would not be a bad idea to make an Infopass appointment to turn in a copy in person to make sure that the file is changed to a waiver. You can do that by going to http://infopass.uscis.gov/

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,281
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 30 days ago
I think I'm good now. Thank you for your help. I'll leave 5 starts.

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,281
110,281 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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