Divorce and Green Card Issue

[diadromous mermaid 36]

In cases like this where there would be a period of months during which an alien would lose work benefits and run the risk of being served removal orders while waiting to qualify to self-petition, in order to preserve status, I believe other aliens in a similar position file the I-751 petition citing that the alien has either been subjected to abuse during the marriage and if no such abuse can be claimed, then the alien would have the option of filing the I-751 alone noting that "removal from the USA would create extreme hardship" as the grounds. Neither of these grounds requires a divorce decree in order to self-petition.

Once received the alien would receive an NOA extending status until the petition is adjudicated. Not that there are few cases that are severe enough to succeed under the extreme hardship grounds, and using the grounds of abuse also requires substantive evidence, so as soon as the alien receives a divorce decree, that petition would be withdrawn and replaced with one that notes the marriage was bonfide but ended in divorce. Yes, it costs another petition filing fee, but this way the alien can ostensibly "cover" the period of time he or she is waiting to acquire a divorce decree in order to replace the petition. Naturally, this would only work if a divorce decree is imminent, and if the alien chooses not to wait it out without filing any petition and accept that work authorization would end when the conditional green card expires, and that at any time thereafter, and until a petition is filed the alien runs the risk of receiving removal orders.

I am in the same position, I need to be separated 1 year prior to divorce. My greencard expires on 22 of february next year. My 1 year separation ends mid june next year. All I thought I could do by now is to send the USCIS already now my petition including a letter explaining my situation and a copy of my separation papers from court. I guess it will be denied and sent back to me, but I tought I try. I do not know what I will do after my greencard expires, because I will be illegal in the country by then and not able to work. I hope I will have the time to get my divocre decree before I will be placed onder removal, but still i beleive it is NOT my fault beeing not able to file a timely petition, because we got a 1 year separation before divorce. All this USCIS laws do not make sense to me at all!

If anybody has a advise or idea in this case, I would appreciate it much.. or anybody who went through the same problems.....

[goldie 0]

I acctually sent the petition with both reasons marked, one for extreme hardship and one with divorce decree.. but, they have sent the petition back to me, with the note that I can only remove the conditions for one reason, not more. So I thought let me resend it and mark just the one which needs a divorce decree, hoping they will accept it. Anyways, I guess the best I can do for now is, wait until they send it back once more and probably try the extreme hardship.. Question: should i still send all my copies to proof the marriage in good faith and all the statements of my friends? Or wait with all this until I can file again when I got the divorce decree in hand?? Thanks so much.. its crazy..

[diadromous mermaid 36]

goldie,

The instructions on form I-751 are fairly explicit. It states that the alien should select any of the grounds that apply. One can select more than one if more than one apply. The problem that I see is that without your marriage being terminated, the "good faith" ground does not apply yet.

I acctually sent the petition with both reasons marked, one for extreme hardship and one with divorce decree.. but, they have sent the petition back to me, with the note that I can only remove the conditions for one reason, not more. So I thought let me resend it and mark just the one which needs a divorce decree, hoping they will accept it. Anyways, I guess the best I can do for now is, wait until they send it back once more and probably try the extreme hardship.. Question: should i still send all my copies to proof the marriage in good faith and all the statements of my friends? Or wait with all this until I can file again when I got the divorce decree in hand?? Thanks so much.. its crazy..

[goldie 0]

I thought the same before, but they returned my petition 2 days ago with the remark, I can "check" ONLY ONE not more.... so I choosed the "good faith" . Guess I should have choosen the 'extrem hardship" instead and wait until I file again for the other one when I got the divorce decree in hand..

Can I widdraw the first petition anytime, when I receive the divorce decree and file new again??

Thanks!

goldie,

The instructions on form I-751 are fairly explicit. It states that the alien should select any of the grounds that apply. One can select more than one if more than one apply. The problem that I see is that without your marriage being terminated, the "good faith" ground does not apply yet.

I acctually sent the petition with both reasons marked, one for extreme hardship and one with divorce decree.. but, they have sent the petition back to me, with the note that I can only remove the conditions for one reason, not more. So I thought let me resend it and mark just the one which needs a divorce decree, hoping they will accept it. Anyways, I guess the best I can do for now is, wait until they send it back once more and probably try the extreme hardship.. Question: should i still send all my copies to proof the marriage in good faith and all the statements of my friends? Or wait with all this until I can file again when I got the divorce decree in hand?? Thanks so much.. its crazy..

[van80 1]

Throughout this complication for others and like myself I have luckily found someone who loves me and is 100% supportive in whatever that I do and is willing to take on the responsibility of reapplying for my status all over again. Is that possible? Or do I still have to try to waiver myself first or what do I do?

Please advise me further and thank you for all your responses and great advice!

[diadromous mermaid 36]

yes

I thought the same before, but they returned my petition 2 days ago with the remark, I can "check" ONLY ONE not more.... so I choosed the "good faith" . Guess I should have choosen the 'extrem hardship" instead and wait until I file again for the other one when I got the divorce decree in hand..

Can I widdraw the first petition anytime, when I receive the divorce decree and file new again??

Thanks!

goldie,

The instructions on form I-751 are fairly explicit. It states that the alien should select any of the grounds that apply. One can select more than one if more than one apply. The problem that I see is that without your marriage being terminated, the "good faith" ground does not apply yet.

I acctually sent the petition with both reasons marked, one for extreme hardship and one with divorce decree.. but, they have sent the petition back to me, with the note that I can only remove the conditions for one reason, not more. So I thought let me resend it and mark just the one which needs a divorce decree, hoping they will accept it. Anyways, I guess the best I can do for now is, wait until they send it back once more and probably try the extreme hardship.. Question: should i still send all my copies to proof the marriage in good faith and all the statements of my friends? Or wait with all this until I can file again when I got the divorce decree in hand?? Thanks so much.. its crazy..

[diadromous mermaid 36]

No, the "conditions" that were placed on your residency are with respect to the marriage with the original petitioner. You will have to demonstrate that that marriage was bonafide.

Throughout this complication for others and like myself I have luckily found someone who loves me and is 100% supportive in whatever that I do and is willing to take on the responsibility of reapplying for my status all over again. Is that possible? Or do I still have to try to waiver myself first or what do I do?

Please advise me further and thank you for all your responses and great advice!