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Do I have to send the immigration an explanation letter while im waitng for the divorce to be finalized?

Orlando, FL |

I applied for the second green card in October 2012, by mai 2012 the immigration sent me a request for more evidence, and gave me a deadline. but the prob, is that im going through divorce , and im not sure if It will be finalized before the deadline so I can send them the doc or not??!!!..

so, im wondering if I need to send them a letter explaining that im going through divorce that's why I didn't send any more doc ? or do I need to wait until I get my divorce papers in hand then send the doc even if I pass the deadline??? thankx

Attorney Answers 8


  1. It sounds like you have filed an I-751 petition, but it is not clear if you filed it jointly with your soon-to-be ex-wife, or are seeking a waiver of the joint filing requirement. You cannot seek a good faith waiver unless the divorce is final. I recommend that you consult with a qualified US immigration attorney immediatey to better understand this process.


  2. You need to send USCIS the document according to date in the RFE. It is best to have an attorney assist you.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. Please hire an immigration attorney and soon. RFE should be taken seriously

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. You need to provide the documentation requested. it is unclear if you were separated at the time of filing the joint petition. Also there is a possibility that you may be required to attend an interview. You may want to consult with an Immigration attorney.

    321.208.7324
    immigration@rbrownllc.com
    www.brownimmigrationFL.com

    Robert Brown LLC
    Baldwin Park Center
    4767 New Broad Street
    Orlando, Florida 32814


  5. Yes. You must send the information by the date requested in the RFE. Do consult with an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  6. Be very careful, my friend. You must be honest, but you also have the burden of proof to establish that you entered the marriage in good faith. These cases have to be handled very delicately and properly. Each case is different and must be handled according to its own needs. Please obtain a complete consultation on your important matter. best regards.


  7. Hello,

    I agree with my colleagues, you need to send in all of the evidence they requested of you by the deadline. It sounds like you may be unsure how the divorce will effect your case, therefore you should meet with an immigration attorney so that they can answer all of your questions and ensure all forms and additional evidence are submitted correctly. You don't want to take the chance that your application will be denied.

    My staff and I wish you all the best.

    Josh Sutton
    Sutton & Associates of Miami
    Immigration Law Firm
    (786) 908-8612
    www.visaattorneysusa.com
    info@visaattorneysusa.com

    The information provided here is for informational purposes only and does not constitute an attorney-client relationship. If you have specific questions about your case, please contact our offices by calling (786)908-8612, or e-mailing info@visaattorneysusa.com.


  8. I agree with my colleagues that you must send the information by the date requested in the RFE. It would be prudent for you to consult with an experienced Immigration Attorney.

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