ROC in Active window & Divorce

[Viggy 14]

Hello,

My Conditional GC expires on Nov 28th 2013.

Unfortunately, my marriage was on dire straits and after much consideration I filed for divorce on Aug 28th.

She and my daughter (2 years old now), do not stay with me anymore. My wife stays at her Parents house.

Well, I am going ahead ad filing for ROC with a waiver.

List of supporting documents which I have

1) from 2010 to 2012 (3 years) of Joint Tax returns

2) Daughters Birth certificate

3) Apartment lease from 2010 till 2013, with our names on it

4) 2 copies of Utility Bills (Having both our names ) for year 2012 and 1 copy for year 2013.

5) Joint Bank account statement (checking and saving) from year 2010 till now.

6) Photographs -- My daughters Birthday which we celebrated at my In-laws place, Photographs of Outing with friends (Total 6 snaps-- not including more).

7) A statement of explanation "in my own words" on how and why the marriage ended.

8) Car insurance document (Both names on it ).

9) Divorce petition

10) Marriage license

11) copy of my Green card. and Passport

12) Copies of Medical insurance cards (All 3 names on that)

I hope these should be sufficient, we do not have any property,except for a car which I bought it on my name.

I have 2 lawyers, one for divorce and other for immigration.

The divorce lawyers confirmed that the divorce would be finalized somewhere by October end.

This is because My wife is not contesting.

However I am a little worried with my immigration lawyer as he wants me to wait until the divorce is complete and then file for I-751. I do not think that it is necessary for me to wait as I can file for I-751 with the waiver and attach divorce petition.

Well Any suggestions on whether I should include any other documents and Can I file I 751 with waiver even before the divorce is settled.

Thanks for your advice.

Edited September 23, 2013 by Viggy

[Ontarkie 14,193]

It would be better to wait till you're divorce is final before filling, one less delay waiting for the RFE. If by chance the divorce takes longer then file just before your 90 day period ends.

[Navyk 78]

Hello,

My Conditional GC expires on Nov 28th 2013.

Unfortunately, my marriage was on dire straits and after much consideration I filed for divorce on Aug 28th.

She and my daughter (2 years old now), do not stay with me anymore. My wife stays at her Parents house.

Well, I am going ahead ad filing for ROC with a waiver.

List of supporting documents which I have

1) from 2010 to 2012 (3 years) of Joint Tax returns

2) Daughters Birth certificate

3) Apartment lease from 2010 till 2013, with our names on it

4) 2 copies of Utility Bills (Having both our names ) for year 2012 and 1 copy for year 2013.

5) Joint Bank account statement (checking and saving) from year 2010 till now.

6) Photographs -- My daughters Birthday which we celebrated at my In-laws place, Photographs of Outing with friends (Total 6 snaps-- not including more).

7) A statement of explanation "in my own words" on how and why the marriage ended.

8) Car insurance document (Both names on it ).

9) Divorce petition

10) Marriage license

11) copy of my Green card. and Passport

12) Copies of Medical insurance cards (All 3 names on that)

I hope these should be sufficient, we do not have any property,except for a car which I bought it on my name.

I have 2 lawyers, one for divorce and other for immigration.

The divorce lawyers confirmed that the divorce would be finalized somewhere by October end.

This is because My wife is not contesting.

However I am a little worried with my immigration lawyer as he wants me to wait until the divorce is complete and then file for I-751. I do not think that it is necessary for me to wait as I can file for I-751 with the waiver and attach divorce petition.

Well Any suggestions on whether I should include any other documents and Can I file I 751 with waiver even before the divorce is settled.

Thanks for your advice.

Must file before 11/28/13. It is good to wait and send the application with divorce decree but do not wait beyond 11/20/13 and send your application through USPS to PO Box address and overnight and insure it.

[Viggy 14]

Thanks for the suggestions. I will wait till Nov first week..