I-751 filing time frame after finalized divorce

[Europeanboy 0]

Hi Guys, need some help here

One of my friends just got her divorce decree but she still has 7-8 months left until her green card expires. So me and another friend of us were arguing today when the best/lawful time to file I-751 should be. He says that she can wait for the period of 90 days before the green card expiration date with no problem because I-751 instructions say that when filing on waiver "YOU CAN FILE AT ANY TIME". What I think and from what I have read so far I know that You should(must) file IMMEDIATELY to remove your conditions based on a divorce waiver after your divorce is FINAL before you are removed from the country. Yes, You could probably wait but you decide to take the risk on your own.

WHO IS RIGHT?

THANK YOU

[pacman 0]

I would file right away. That way Immigration can send a 1 year extention and he/she can remain in status.

[Jenn! 918]

Sorry, I don't have a definitive answer. My interpretation of the language on the I-751 is that you CAN but are not obliged to file sooner than 90 days before GC expiry.

[Europeanboy 0]

I would file right away. That way Immigration can send a 1 year extention and he/she can remain in status.

You file I-751 before they find out that you are divorced and broke the requirement/condition of being married because If they find out first you can be deported. So filing I-751 keeps ASAP keeps you protected in status. I just need to find the source in the law where it exactly says that so I can show it and prove it 100%. I think that you can wait but you take the risk on your own.

[1HappyGuy 45]

You should wait until the 90 day period begins. The instructions are pretty specific about not filing before that period begins, regardless of the current situation. Obviously, your friend will need to be prepared to show he/she can support themselves. They may also need to show that the divorce was for unexpected reasons. In other words, they will need to show that the marriage was not a sham.

[Jenn! 918]

You should wait until the 90 day period begins. The instructions are pretty specific about not filing before that period begins, regardless of the current situation.

That's not true. From the I-751 instructions:

Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

Effect of not filing. If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status.

The OP's question is whether filing immediately after the divorce is mandatory. I believe it's clear from these instructions that if you are not filing based on a current marriage to a USC, you may file at any time after your conditional status is granted and before the second anniversary of the date on which you were granted conditional status.

[mooninlove 1]

I believe you can file anytime after you received your decree. Mine took longer because of the timeframe of my divorce proceedings. My I-751 approval was within the normal timeframe of 6 mos.

[payxibka 10,045]

WHO IS RIGHT?

both ...

[diadromous mermaid 36]

Hi Guys, need some help here

One of my friends just got her divorce decree but she still has 7-8 months left until her green card expires. So me and another friend of us were arguing today when the best/lawful time to file I-751 should be. He says that she can wait for the period of 90 days before the green card expiration date with no problem because I-751 instructions say that when filing on waiver "YOU CAN FILE AT ANY TIME". What I think and from what I have read so far I know that You should(must) file IMMEDIATELY to remove your conditions based on a divorce waiver after your divorce is FINAL before you are removed from the country. Yes, You could probably wait but you decide to take the risk on your own.

WHO IS RIGHT?

THANK YOU

Until the 90 day window has closed, there is no risk involved, if a divorcée were to wait to file, but for what purpose? After divorce the alien cannot accrue any more evidence of the bonafide nature of the former marriage, and unless a delay in filing is due to some financial incapacity then most would be encouraged to do it right away.