filing for removing of condtion

[MichaelGhabour 0]

okey here is the story, i should be filing for my remove of condition in a week, papers is ready but i have first question

i came on k-1 visa, and i got married, but i got divorced for personal finance reasons, but am still with my girl but legally divorced,

1) when i file the application, do she sign with me on the application? or i just file as waiver for suppose?

all our papers is ready to file, i just needed that question

second, am in the Army National Guard, i finished basic training, but they send me back home as reserved status until i finish my green card, since my processes was too late and my green card needed to be renewed, now, they told me in FT Jackson that when i file the remove of condition papers they will send me receipt for 1 year extend until i get my interview time and my receiving my green card, then i can join back and finish my AIT and deployment time and start moving forward in my career

2)so how long does it takes to receive that receipt?

3)is it extend for one year?

4)does this process takes a year until they start answering me?!

any other experience would be shared i would thank you for that

[MichaelGhabour 0]

also one last question guys, am kinda already late for filing, cuz i was stuck in army basic training, while they taking there processing time to get me on reserved status ( same long processing time like USCIS) so i basicly got 1 month to file this papers, any hints for filing fast so i dont do anything wrong?!

[MichaelGhabour 0]

looks like no one got answer for my wierd situation lool

[Anh map 2,098]

Have you read the VJ guide? http://www.visajourney.com/forums/index.ph...p;page=751guide

[MichaelGhabour 0]

yes i did, my question was actually about the 1 year extend, when am going recive it, does it takes long time!?

[Immigrant2009 0]

yes i did, my question was actually about the 1 year extend, when am going recive it, does it takes long time!?

First File the I-751 then worry about the 1 year extension which is NOA (Notice of Action, receipt for acceptance of application plus extension of work and stay). Don't file before 90 days or on the 90 days before your GC expires. E.g. GC expires 04-01-09, so 90 days (not 3 months ) before that will be around 01-01-09 so file between 01-01-09 and not after 04-01-09, because if you file late then you will be put into deportation proceedings and will be soon deported not matter what and you will have to start from scratch.

To calculate days (google search days calculator etc).

Now once you file I-751 normally it take one week to over a month to get NOA/extension letter. So if you gonna be late in filing file at least 50-60 days before GC expires so that you get NOA before GC expires so that you can work. After you get NOA a week or a month later USCIS will send you a biometric appointment to have your finger prints and photo taken and also FBI background check which happens behind the scenes.

Normally you should get NOA in a week or 2. If you don't get NOA in 30-45 days since you applied you make an infopass appointment for your nearest USCIS field office.

https://infopass.uscis.gov/info_en.php

Will tell you the field based on your location.

On the 1st page choose "You need Service on a case that has already been filed " and then on the next page choose "If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."

Go to Info pass appointment before appointment time (10-30 mins) and ask the IO (Immigration Officer) that you applied for I-751 and didn't get NOA and would like I-551 stamp on your passport.

Since you didn't get the NOA they will easily give you a stamp on your passport which will extend your work and stay for 1 year (which is 1 year added to the date your GC expires e.g GC expires 05-01-009 will be extended to 05-01-10)

NOA and I-551 stamp are the same thing which are equivalent to having a temporary GC till you get 10 year GC.

Then after that you get Approval, RFE or an interview. Since you are a waiver/divorce case you will get a RFE (Request for Further Evidence) or an interview.

Read this to double check you have good evidence. Make a copy of all documents for the future as you might need to send them for RFE.

http://www.visajourney.com/forums/index.php?showtopic=182620

In I-751 choose option of waiver divorce/ marriage in good faither. Read the I-751 Instruction from USCIS and VJ guides.

Please you will also need divorce decree document.

I hope it helps.

Good Luck.

Edited July 7, 2009 by Immigrant2009

[milimelo 4,468]

NOA 1 takes between a week to a month to receive.

If you have your divorce decree and supporting papers to show your were in bona fide marriage you submit that, she does not sign anything.

[venusfire503 54]

Unless I'm mistaken, he can file for ROC right away since he is divorced - he doesn't need to wait for the 90 days before expiration of the conditional green card.

venusfire

[Anh map 2,098]

OP probably doesn't want to have to do too much explaining about his divorce as they are still together. It will seem that it was marriage for immigration purposes.

[MichaelGhabour 0]

am already late, my green card expire on august 17 2009, now its july 7th, am going be file in couple of days, i was in army basic training and i have my work orders, and ofcourse there was no way that i can leave my drills to go online and and print papers and make phone calls, i was expected to finsh basic training on about may, but i been there for along time, for some processing time, so am gonna file before its finshed, but yea i think i might be waiting for along time till i get my NOA and probley my green card will be expired, ###### happenss!!! and i don't even know until i receive my my interview dates or something am i gonna be here or in deployment

[Leah 1]

am already late, my green card expire on august 17 2009, now its july 7th, am going be file in couple of days, i was in army basic training and i have my work orders, and ofcourse there was no way that i can leave my drills to go online and and print papers and make phone calls, i was expected to finsh basic training on about may, but i been there for along time, for some processing time, so am gonna file before its finshed, but yea i think i might be waiting for along time till i get my NOA and probley my green card will be expired, ###### happenss!!! and i don't even know until i receive my my interview dates or something am i gonna be here or in deployment

File it now! What are you waiting for?August 17 is not even a month from now so if you file it asap you should be fine. As long as they will receive your application before the expiration of you GC, then you are okay.

[Brother Hesekiel 2,236]

You are later than what is ideal (about 90 to 85 days BEFORE your GC expires), but you are NOT LATE, as your green card is still valid.

That's the good news.

I have another problem with your application. You divorced your wife for financial reasons, but you are still together with her? So that means that you need to file separately, NOT JOINTLY, and if I were the immigration officer, I couldn't wait until you explained to me what those financial reasons were. I can't think of any short of some child or spousal support issues, aside from issues that would kill your application in full flight.

If you don't mind, tell us what those reasons were BEFORE you put them on paper and send them to the USCIS and get our feedback on that.

[MichaelGhabour 0]

its kinda personal problems, and we just made the deal that being legally divorced is the best way to go, its not extreme problems, its just we couldn't settle things down as husband and wife, and we found is the best way to get divorced, we know it wasnt the right choice, but its our own life and since we had the option for a waiver, then said we gonna go that route, better than just trying to fix things that cant be fixed, and thats exactly what am going to do, say what exactly happen, its our life, its our sh*t, live with it, we got all kind of papers but all financle papers is separted since we was divorced

[Chica Yeyé 41]

File now. You are within time.

And yes, say exactly what happen. Don't even think of not mentioning you divorced her. This would be fraud.

-- they are pretty clear.

[Bobby+Umit 161]

File now. You are within time.

And yes, say exactly what happen. Don't even think of not mentioning you divorced her. This would be fraud.

-- they are pretty clear.

Concur.

Since you are divorved, you can file any time for the removal of conditions.

You will have to prove that you entered the marriage in good faith, however, living together after divorce will probably take some explaining with USCIS.

Of course once you file, there is no real timeline when they will give you an interview. You will just wait and see.

The real question is why did you join up with the national guard if you didn't have your green card (10yr) in hand?