I-751 Filed and now engaged

[Lisa1980 0]

Hello again everyone,

I filed for my I-751 in May 2008 and I have the extension stamp on my passport for one year, so I have until May 2009. How long will this take before I will receive a decision from USCIS? What should I expect because I am divorced.

I am wondering if I can get another extension stamp when mine expires on May 2009 because I am engaged and we are planning to travel abroad next year. Is that possible?

Also, what would be the ramifications when I already filed for the I-751 and then withdraw that application and then file for a permanent residency based on my new marriage? Will this complicate things?

I have married in good faith and I was with my ex-husband for several years but it did not work out obviously, I was emotionally and financially abused by him.

Any input will be greatly appreciated and I hope you will take time to reply to my posting.

Thank you all!

Edited November 8, 2008 by Lisa1980

[Kathryn41 3,205]

First, yes, if you do not receive a decision on your I-751 before the current stamp/NOA expires, you can make an Infopass appointment at your closest USCIS office and get it renewed.

Second, if you withdrew this request for an I-751, you would have to start all over again from the beginning with your new partner sponsoring you with an I-130 as well as the AOS application. If that were approved - and I think you can definitely expect an interview and some hard questions under the circumstances - you would then go back to having another 2 year conditional green card and have to apply to remove conditions from that card.

How good is your documentation for the marriage through which you filed the I-751? If it is sound and you can document the reasons for the divorce in an interview, then I think you would be wisest to continue on this course and just be patient somewhat with your new relationship. Things will be a lot less complicated if you have a 10 year card and have several years towards the now 5 year requirement for citizenship. If you abandoned this action, and went the I-485 route all over again who is to say how long it would take to get the necessary documentation to travel freely outside of the country - an important consideration if you want to travel next year.

If, on the off chance your I-751 is denied, then you still have the option to proceed with the I-130/I-485 with your new husband (when you marry). Just expect that you will have to prove the integrity of both marriages, not just the current one, as you will have several red flags on your file.

I do think, under the circumstances, you could probably benefit from one of the free consultations many lawyers offer - just make sure you find one who is immigration savy and can direct you correctly.

So, I guess, if it were me, I would be more inclined to go after the 'bird in the hand' rather than 'the bird in the bush' when it comes to immigration. Good luck.

[Lisa1980 0]

First, yes, if you do not receive a decision on your I-751 before the current stamp/NOA expires, you can make an Infopass appointment at your closest USCIS office and get it renewed.

Second, if you withdrew this request for an I-751, you would have to start all over again from the beginning with your new partner sponsoring you with an I-130 as well as the AOS application. If that were approved - and I think you can definitely expect an interview and some hard questions under the circumstances - you would then go back to having another 2 year conditional green card and have to apply to remove conditions from that card.

How good is your documentation for the marriage through which you filed the I-751? If it is sound and you can document the reasons for the divorce in an interview, then I think you would be wisest to continue on this course and just be patient somewhat with your new relationship. Things will be a lot less complicated if you have a 10 year card and have several years towards the now 5 year requirement for citizenship. If you abandoned this action, and went the I-485 route all over again who is to say how long it would take to get the necessary documentation to travel freely outside of the country - an important consideration if you want to travel next year.

If, on the off chance your I-751 is denied, then you still have the option to proceed with the I-130/I-485 with your new husband (when you marry). Just expect that you will have to prove the integrity of both marriages, not just the current one, as you will have several red flags on your file.

I do think, under the circumstances, you could probably benefit from one of the free consultations many lawyers offer - just make sure you find one who is immigration savy and can direct you correctly.

So, I guess, if it were me, I would be more inclined to go after the 'bird in the hand' rather than 'the bird in the bush' when it comes to immigration. Good luck.

Hi,

Thank you for responding. I think you are absolutely right, about going through this process (I-751), besides, I've already made all the hassle of filing and paying for my lawyer, I have yet spoken to my lawyer as she is out of town. Yes, I have a lawyer and she is probably going to give the same advice.

As for documentations on my marriage with my ex husband, it is not a lot but I am hoping it would be sufficient. He has some of the important pictures that we had with friends and family over the years... We didn't have a lease on our apartment then, but we did have a joint account.

If I filed the I-751 in May 2008, have you any idea when this will be processed? Also, my passport where I have the extension stamp for my stay here is expiring on March 2009, can I get another stamp when I renew my passport? My stamp will expire May 2009, so for example when I get my passport in February 2009, will the stamp be still for expiry date May 2009 or will it be till February 2010?

You have been really helpful!

Thank you!

[Kathryn41 3,205]

Hi,

Thank you for responding. I think you are absolutely right, about going through this process (I-751), besides, I've already made all the hassle of filing and paying for my lawyer, I have yet spoken to my lawyer as she is out of town. Yes, I have a lawyer and she is probably going to give the same advice.

As for documentations on my marriage with my ex husband, it is not a lot but I am hoping it would be sufficient. He has some of the important pictures that we had with friends and family over the years... We didn't have a lease on our apartment then, but we did have a joint account.

If I filed the I-751 in May 2008, have you any idea when this will be processed? Also, my passport where I have the extension stamp for my stay here is expiring on March 2009, can I get another stamp when I renew my passport? My stamp will expire May 2009, so for example when I get my passport in February 2009, will the stamp be still for expiry date May 2009 or will it be till February 2010?

You have been really helpful!

Thank you!

Since you're in Florida your application is in Vermont which is currently taking about 11 to 13 months to process I-751s so assuming nothing changes I think you are probably looking at an approval around next March-ish. If you don't have your 10 year green card by the time your current stamp expires you can take an unexpired passport and get a new stamp, or take 2 passport photographs and they will make up an I-94 card extending your status for a year that they can then put into your expired passport. Yes, if you renew your passport in February the stamp will still be valid until the month in 2010 that is a year later. If you renew it in March, it will be March 2010, if you renew it in May, it will be May 2120.

Good luck.

Edited November 9, 2008 by Kathryn41

[*JG* 2]

Wow, complicated. I wish you the best of luck.

[Lisa1980 0]

Hi,

Thank you for responding. I think you are absolutely right, about going through this process (I-751), besides, I've already made all the hassle of filing and paying for my lawyer, I have yet spoken to my lawyer as she is out of town. Yes, I have a lawyer and she is probably going to give the same advice.

As for documentations on my marriage with my ex husband, it is not a lot but I am hoping it would be sufficient. He has some of the important pictures that we had with friends and family over the years... We didn't have a lease on our apartment then, but we did have a joint account.

If I filed the I-751 in May 2008, have you any idea when this will be processed? Also, my passport where I have the extension stamp for my stay here is expiring on March 2009, can I get another stamp when I renew my passport? My stamp will expire May 2009, so for example when I get my passport in February 2009, will the stamp be still for expiry date May 2009 or will it be till February 2010?

You have been really helpful!

Thank you!

Since you're in Florida your application is in Vermont which is currently taking about 11 to 13 months to process I-751s so assuming nothing changes I think you are probably looking at an approval around next March-ish. If you don't have your 10 year green card by the time your current stamp expires you can take an unexpired passport and get a new stamp, or take 2 passport photographs and they will make up an I-94 card extending your status for a year that they can then put into your expired passport. Yes, if you renew your passport in February the stamp will still be valid until the month in 2010 that is a year later. If you renew it in March, it will be March 2010, if you renew it in May, it will be May 2120.

Good luck.

Thank you for your help.