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goldie

Removing conditions, but cant get divorce decree in time!!

By goldie in Effects of Major Family Changes on Immigration Benefits

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goldie Enthusiast

goldie   0

Posted
Filed: K-1 Visa Country: Switzerland
 Timeline
Posted

Once again i am back here after a long time of struggeling.. Finally I made it out of the shared house, got my separation mid june. So, In NC I have to be separated 1 year before I even can get started getting the divorce! My greencard expires end of february.. Weird law... it sais I cant remove my conditions if I dont have a divorce decree.. so what happens with all those people who have to wait for the decree?? Should I just wait ( thats what the lawyer told me) and dont send them anything until I got the decree, or send them the petition without it, with explanation...??

Anybody out there this happened to them too?

Thank you so much.. I know, my ex will definitly call immigration when my time is over and inform them about my status... :crying:

K1 TIMELINE

2/10/2006 I-129f sent to TSC

2/13/2006 they received it

2/16/2006 guess it was fowarded to CA, so they got it that date

2/21/2006 check finally cashed

2/23/2006 NOA1 received

5/01/2006 NOA2

5/30/2006 e mail from CSC: petition was requested for review!! ????

5/31/2006 another e mail reply: petition was approved but has not been fowarded yet

6/15/2006 finally!!!! Petition received by NVC!

6/16/2006 left NVC

6/22/2006 US Embassy in Bern, Swiss rec'd petition

6/28/2006 rec'd paket 3

6/29/2006 sent paket 3 back

7/13/2006 got interview date!!

7/27/2006 Interview! APPROVED!!!!! YEAH!

9/18/2006 Planed flight to Raleigh/ NC........

11/18/2006 WEDDING DAY!

AOS

12/14/2006 AOS receipt date

01/18/2007 Biometrics in Charlotte

01/16/2007 Sent additional information (proof of income, ect) for AOS

01/29/2007 Case has been transfered to CSC ( in order to speed up processing.....)

02/17/2007 E mail from CSC... they received case...!!!??? (wooow....long journey..)

02/26/2007 E mail notification: Card production ordered! YEAH!

02/27/2007 E mail notification: Notice mailed welcoming the new resident!!GRATE!and without

interview!!!!!

03/04/2007 GREENCARD IN MAIL, YEAH!!!!!

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bhajishah Proficient

bhajishah   4

Posted
Filed: AOS (apr) Country: Pakistan
 Timeline
Posted

move to nevada, file divorce there. take your green card and fly like a free bird. the path to hell is alll paved in gold honey!!! enjoy!!!!

august 2004 I-129 filed (neb)

DEC 2004 Approved

interview: SEOUL

MArch 21st , 2005AR for special security clearance,washington

May 18th tranfer case from Seoul to Islammabad

June 21st security clearance done

June 28th online at the embassy in Islamabad

waiting for paper transfer and the good word

OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK

AR number 2 sent to DOS per Islamabad (2 cable request)

Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables

dec 20th one cable back waiting on 2nd

Jan 17th.. good word recieved. SECURITY CHECKS ALL CLEAR!!! DOS says embassy to contact him within two weeks!!!!!!

FEBRUARY 10th, 2006 VISA RECIEVED!!! They called him In via phone, stamped his passort and sent him on his way!!!

FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. one hour wait at Poe

march 10th marriage (nikkah at the islamic center)

aug 2006 AOS interview, cond 2 yr GC arrived september

June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard

Dec 2008 10yr green card approved, no interview.

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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
Once again i am back here after a long time of struggeling.. Finally I made it out of the shared house, got my separation mid june. So, In NC I have to be separated 1 year before I even can get started getting the divorce! My greencard expires end of february.. Weird law... it sais I cant remove my conditions if I dont have a divorce decree.. so what happens with all those people who have to wait for the decree?? Should I just wait ( thats what the lawyer told me) and dont send them anything until I got the decree, or send them the petition without it, with explanation...??

Anybody out there this happened to them too?

Thank you so much.. I know, my ex will definitly call immigration when my time is over and inform them about my status... :crying:

Well, there are differing theories on this, and choosing to wait to file depends upon how confident you are that the divorce will move quickly. There's one camp that says wait until the decree is available, realising that once the conditional green card expires, not only are you out of status until you can submit the waiver and get a NOA from USCIS, but also all benefits related to the status you will have lost go with it. So, no working thereafter and until you re-establish your lawful status. Some cannot take that risk, so, another option is to file under whatever basis you can prior to expiry of your green card. Hope that this satisfies the filing requirement and be prepared to replace that submission with the waiver once a final divorce decree is available.

An alien can self-petition (90 days prior to your condition green card expiring) on the grounds that removal from the country could be a severe hardship. While you might not ultimately rest on this ground alone (since you would hopefully terminate the marriage and be able to file on the grounds of a "bonafide marriage that ended in divorce" it might give you the few months you'd need to get the decree in hand.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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rika60607 Proficient

rika60607   215

Posted
Filed: IR-1/CR-1 Visa Country: Russia
 Timeline
Posted

Nevada also requires 1 year separation prior to divorce.

Although they only require 6 weeks residency and they may grant divorce right away.

So it is helpful, but not by much.

Rika

move to nevada, file divorce there. take your green card and fly like a free bird. the path to hell is alll paved in gold honey!!! enjoy!!!!

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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