Getting divorced and I-751 expires 06/08 Please help

[jinxlar 0]

Hey Everyone,

I'm in a bit of a pickle. I have to submit my I-751 to remove conditions me and my husband are getting divorced and here is the issue I don't have a divorce decree and wont have one before my card expires because I am moving out right now and hes busy with stuff too so we are not getting divorced for a while yet. I hired an immigration lawyer and he is turning out to be useless I know more about this stuff the he does it seems. I need to know what I need to do and what I need to submit. I need to start this very soon I know I need a waver and I have proof I married in good faith we have an 11 month old child together and proof we lived together. I just really need help with this I think you guys can help me out more then this lawyer who is draining my money but not helping in the least. Also I have a home business will I have to include proof that I can support myself? Thank you in advance for any information you can provide me with.

Thanks,

Jen

[jsnearline 2]

Unfortunately, you can't file for a waiver based I-751 until a divorce is finalized. If there's any chance you and your husband can work things out then the two of you could file the I-751 jointly.

If you're 100 percent sure you're getting divorced, then get one as soon as possible. The longer you wait the greater the risk you could wind up in removal proceedings for failing to file the I-751 in a timely manner.

[jinxlar 0]

Unfortunately, you can't file for a waiver based I-751 until a divorce is finalized. If there's any chance you and your husband can work things out then the two of you could file the I-751 jointly.

If you're 100 percent sure you're getting divorced, then get one as soon as possible. The longer you wait the greater the risk you could wind up in removal proceedings for failing to file the I-751 in a timely manner.

OMG what can I do? Can I ask them for an extension? until I have the divorce decree?

[eau_xplain 2]

Jen,

Has the divorce proceedings started? Do you know how long until you get a decree?

Unfortunately, they won't give you an extension on your GC just because your divorce is pending. We have had some VJers whose 2yr GCs expired while they waited for their divorce decrees to be finalized and were still able to file the I-751 successfully.

If you have not yet filed for a divorce and your husband is willing, perhaps you can file the I-751 jointly. If the I-751 is still pending when the divorce is filed and finalized, then you can send in amended I-751 with a waiver and a copy of the divorce decree.

[ikyang 1]

file for divorce ASAP. some states will take only 3 months, if it is not an ugly divorce some will take less than that. its still april you still have a big chance to get your divorce decree before your GC expired.

or else work things out with your husband.