Divorce, I-751 and I got to travel...

[Oban 1]

Hi there!

My divorce is currently being finalized. It was either already signed and I have not received a copy of the decree yet, or it will be signed in the next couple days (my lawyer is checking on the status).

Couple background information: she divorced me, I didn't want it. Anyway... things happen, and I am over it.

Having said that, I would have to file in December for lifting of conditions anyway, so I guess now I gotta do it sooner. But my actual problem is the following:

I have to go on a business trip at the end of November. Even if I file I-751 in the next couple days I am not expecting to receive the extention letter in time. I am concerned, because I read online that at the day when my divorce becomes final my permanent resident status is terminated. So technically I would not be able to work and travel anymore, which is a problem!

My GC expires on 02/23/10, and I originally thought "I am good to go" until that date.

What is correct? Am I screwed? Will immigration know if I travel in November and want to get back in the country? Or is my GC valid till the date on the card anyway?

I mean I simply have no chance to file any earlier and receive the extension letter, and travel is required for me. I hope you guys can share some information and give some helpful hints!

I appreciate it.

Best Regards,

Oban

[TracyTN 237]

What is the date on your card? Your status is valid until then - how long will you be away?

[Oban 1]

DATE ON CARD: 02/23/2010

LENGTH OF TRAVEL: 5 Days, flying to England.

[TracyTN 237]

I wouldn't worry. You were granted conditional status until 2/2010. Your only requirement is to remove conditions in the appropriate time frame (90 days or less prior to your card's expiration date). It sounds like your divorce will be final by then, so (I assume) you'll be filing as divorced, but based on the fact that your marriage was valid.

The extension letter extends your permissions to both work and travel. A divorce in and of itself doesn't suddenly terminate your status. The only way to do that is not to file for removal of conditions when appropriate, or if you file and they deem your case to be denied at that time. Unlikely given the situation you've described.

If it helps, my husband traveled to England in September and we had already filed to remove conditions; he did not take the extension letter with him and had no issues traveling on his (still valid) 2 year GC.

*edited for clarity*

Edited October 16, 2009 by TracyTN

[*JG* 2]

DATE ON CARD: 02/23/2010

LENGTH OF TRAVEL: 5 Days, flying to England.

You are good until the day that card expires.

Go on your trip and then come back and take care of the rest of that business.

Sorry. Good luck.

[Jamaican JNR 2]

Hi there!

My divorce is currently being finalized. It was either already signed and I have not received a copy of the decree yet, or it will be signed in the next couple days (my lawyer is checking on the status).

Couple background information: she divorced me, I didn't want it. Anyway... things happen, and I am over it.

Having said that, I would have to file in December for lifting of conditions anyway, so I guess now I gotta do it sooner. But my actual problem is the following:

I have to go on a business trip at the end of November. Even if I file I-751 in the next couple days I am not expecting to receive the extention letter in time. I am concerned, because I read online that at the day when my divorce becomes final my permanent resident status is terminated. So technically I would not be able to work and travel anymore, which is a problem!

My GC expires on 02/23/10, and I originally thought "I am good to go" until that date.

What is correct? Am I screwed? Will immigration know if I travel in November and want to get back in the country? Or is my GC valid till the date on the card anyway?

I mean I simply have no chance to file any earlier and receive the extension letter, and travel is required for me. I hope you guys can share some information and give some helpful hints!

I appreciate it.

Best Regards,

Oban

Your divorce has nothing to do with your expiration date of your GC. You can travel anytime within the time line. The only 2 things that will be different in your new category; 1. You will have to file alone to remove the conditions, and 2. You will have to wait the 5 years span before you can apply for US citizenship.

[Brother Hesekiel 2,236]

Oban,

you are correct: technically your residency expires once you are divorced, which is why you can and perhaps should file immediately after you have your divorce papers. But in the real world you have until your card expires.

Also (mimicking Sarah Palin) . . . please understand that you get your NOA1 extension letter quite fast (look at my timeline: 5 days!). Given your situation, however, I think you should wait until December, when you're back from your business trip.

You don 't have a problem.

Edited October 16, 2009 by Just Bob

[Oban 1]

I appreciate all the replies.

Do you guys think the following evidence will do for the I-751:

- I-751

- Copy of Legal Permanent Resident Card

- Attachment to I-751, List of Addresses Resided

- Bank Statements until including June 09 (month we filed for divorce)

- Copy of travel arrangement for joint trip to San Francisco last year

- Copt of travel arrangement for joint trip to Hawaii last year

- IRS Tax Transcript of 2008, filed jointly

- Affidavits by a couple of people

- Photos

- Copy of Credit Cards

- Copies of Car Insurance Policies

- Copy of Rental Agreement for Apartment

- Various other mail

- Health Insurance Papers

- Divorce Decree

[Brother Hesekiel 2,236]

Looks good to me.

Keep in mind, aside from the usual paperwork showing that a couple lives together in a union, YOU will have to show proof that you entered the marriage in good faith. It's also highly probable that you will have an interview, meaning a real person will sit across from you and have a chat with you.

To support your good faith claim, photos and trips you and your wife did together are invaluable. If I were you, I would just prepare my case very systematically, as if I had to prove it in a court of law. Short, but point by point, including why you feel the marriage ultimately failed.

That said, I'm getting positive vibes from your case and thus am confident that everything should work out fine for you.

[Oban 1]

Well... first of all, she divorced me, not the other way around. I never felt that the marriage was failing. Having said that, things are what they are.

I would not mind an interview at all, I don't have anything to hide. Nevertheless, by submitting photos and copies of travel documents (booking confirmations, etc) I believe I would support the good faith claim.

My Ex-Wife is most likely also willing to sign an affidavit, plus I could get additional ones from friends. That seems to be supportive as well (at least to me).

I still believe the biggest asset is the fact that she filed for divorce. Not me!

What do you think?

[TracyTN 237]

It doesn't matter who filed so long as the marriage was not entered into for immigration benefit - which clearly it wasn't. The fact that she is willing to attest to that (and help you document that) should mean smooth sailing.