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CONDITIONAL GC EXPIRES BEFORE HAVING DIVORCE, WHATS BEST TO DO NOW?

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 freaking out, the 90 days prior to remove the conditions of my greencard are soon there... and I still do not know what is best to do.. first, is it important to file petition 90 days before, if I sign it alone and send waiver? Second, should I anyway send the form before the expiring of my greencard ( Feb. 2009) ( I would file first under extrem hardship, not to be illegal in the country until I get divorce decree) Or, should I just wait, without sending anything, taking the risk to be illegal in the country until I got the decree? Any infos, ideas? I am worried a bit, if I decide not to send any form before expiring, because my ex will try everything to remove me from this country, so, if I wait and my card expires... he might call the immigration on me... sorry if I sound complicated.. but the whole thing is is...

Thanks so much for all your help!

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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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted

Is a divorce underway? If yes, how long until you expect a decree will be available? If not, then, yes, prior to the 90 day window closing, assemble a waiver using the hardship grounds, and hope to amend with the bonafide marriage ground, once a decree is available.

Once again I am freaking out, the 90 days prior to remove the conditions of my greencard are soon there... and I still do not know what is best to do.. first, is it important to file petition 90 days before, if I sign it alone and send waiver? Second, should I anyway send the form before the expiring of my greencard ( Feb. 2009) ( I would file first under extrem hardship, not to be illegal in the country until I get divorce decree) Or, should I just wait, without sending anything, taking the risk to be illegal in the country until I got the decree? Any infos, ideas? I am worried a bit, if I decide not to send any form before expiring, because my ex will try everything to remove me from this country, so, if I wait and my card expires... he might call the immigration on me... sorry if I sound complicated.. but the whole thing is is...

Thanks so much for all your help!

"diaddie mermaid"

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

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goldie Enthusiast

goldie   0

Posted
Filed: K-1 Visa Country: Switzerland
 Timeline
  • Author
Posted
Is a divorce underway? If yes, how long until you expect a decree will be available? If not, then, yes, prior to the 90 day window closing, assemble a waiver using the hardship grounds, and hope to amend with the bonafide marriage ground, once a decree is available.
Once again I am freaking out, the 90 days prior to remove the conditions of my greencard are soon there... and I still do not know what is best to do.. first, is it important to file petition 90 days before, if I sign it alone and send waiver? Second, should I anyway send the form before the expiring of my greencard ( Feb. 2009) ( I would file first under extrem hardship, not to be illegal in the country until I get divorce decree) Or, should I just wait, without sending anything, taking the risk to be illegal in the country until I got the decree? Any infos, ideas? I am worried a bit, if I decide not to send any form before expiring, because my ex will try everything to remove me from this country, so, if I wait and my card expires... he might call the immigration on me... sorry if I sound complicated.. but the whole thing is is...

Thanks so much for all your help!

Thank you so much for your respond. The earlyest I can file for a divorce will be mid June next year, and my greencard expires feb 22....

Do you have any idea how I could write the cover letter for the I-751? In here it shows only how to write it when both are still happily married..

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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MihaelaNYS Explorer

MihaelaNYS   10

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

What happends if is a contested divorce ?! What happends with the immigrant spouse that doesnt get a divorce in 1-2 years (and the extension -to prove the case- expires ?)

Gets deported while is legally, still married ?! Well, if so and the US citizen gets away, easily by putting the spouse in deportation position the spouse wich otherwise, if legal here, will be entitled to alimony or custody or whatever... then the US citizen has no interest to give the immigrant the divorce.

:blink:

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mooninlove Community Regular

mooninlove   1

Posted
Filed: Other Country: Philippines
 Timeline
Posted

The divorce was filed couple of months before the 90 day period of my I-751 started. I filed the I-751 waiver but have them known that the divorce was ongoing still. I waited for my decree which took almost a year although it's uncontested and filed the I-751 waiver after that. See my timeline.

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

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