Late I-751 with special circumstances... Need advice!

[Upsidedown 1]

I have Special Circumstances... Don't we all? LOL

Ok, so here's where I'm at. My submission deadline for the I751 was Nov 14th 2009 (I'm now late) I had to quit working because from what I'm told, it is a felony to work after you are no longer authorized. (My position will be waiting when I regain authorization) I am currently waiting for my wife to get on with the divorce paperwork. I filled out and mailed an "uncontested" divorce package to her for her to sign, but she refused on the grounds that she no longer wants to be financially responsible for me (She is the US sponsor, and if I recall correctly, she will be financially responsible for me until I leave the country, am no longer a permanent resident, or die) She states that she will be getting her attorney to put some paperwork together, but it won't be ready until late Dec 09.

I was morally objected to sending in my I-751 without actually having the divorce finalized because of THIS scary memo. After doing some reading however, I am now leaning towards submitting my I-751 late with an explanation why it was late, and hoping they send me an extension so I can get back to work. By the time they send me an RFE, I should have the divorce decree finalized that I can send in (I hope)

I really feel like I'm kiting a check here, but I don't feel as though I have any other options. Any advice is appreciated, as well as advice on what would constitute "sufficient evidence" and "good cause" for late filing. So far all I can think of is I didn't have the money until now, but I have a feeling that won't fly. PLEASE help. I'd be happy to provide more info if necessary

P.S. If my only option is to allow removal proceedings to commence, and appeal to the Immigration Judge for an extension based on the grounds that I am currently in the middle of a divorce, what I would like to know is: How long after my expiration date do you think it will take to recieve a letter with my appointment to appear in front of the IJ? More importantly, how long could THAT take? I guess what I'm wanting to know is, how long am I going to be out of work before I can talk to the judge?

Thank you in advance for your help.

[Old Dominion 26]

First off, there is no way your ex-wife can go back on her commitment to support you. The agreement with the government that she signed specifically states that her contract cannot be cancelled, even in a case of divorce. However, the government will not enforce that unless you end up receiving public assistance, and she may be required to reimburse the government for the cost of that.

Second, go ahead and file as soon as possible. The receipt, NOA1, will be evidence that you are legally in the U.S. You may get a request for evidence of your divorce, in about eight weeks, and maybe you will have it by then.

Good luck

[Brother Hesekiel 2,236]

1) It's not a felony to work with expired authorization. Whoever told you that had one too many to drink.

2) Your wife can't back off from her commitment to Uncle Sam. Too late for that.

3) Until recently it was indeed impossible to file the I-751 successfully while in the twilightzone between being happily married and already divorced. However, that just has changed. I don't have the link handy, but it's a brand new one and hopefully somebody else will chime in.

4) You need a good reason for your late filing. I can't tell you what a good reason is, but put some effort into finding that out. You are only slighly over your filing deadline, so chances are good that they will accept your application.

[Upsidedown 1]

Could someone shed some light on what a "good reason" for filing late would be? I mean, my ACTUAL reason is that I was on the fence as to whether or not it was legal/moral to file without actually having a divorce decree, as well as not having enough money at the time to send it. In light of further research (That link that you were talking about is possibly THIS) it seems that I CAN send my I-751 without having the divorce decree yet. If I worded that very humbly and apologetically, what is your opinion on the outcome? I have heard that they only accept late filings on VERY special occasions (One I read about involved complications during pregnancy) Thank you again for all of your help.

Oh, and about my wifes wishes... What she's wanting to do is get her attorney to make some paperwork for me to sign stating that I will not hold her responsible for ANYthing that happens to me. Not to mention she's wanting to sue me for the money that it cost to move me down here and the fees involved in the K1 process. She's also wanting to claim moneys for credit cards that are now maxed because of spending on me (Going out to eat, concerts, computer, toys etc...) Funny thing is, when she kicked me out, I had about 1 hour to pack my ####### and leave. I didn't take ANYTHING that wasn't mine, because I figured it would be of more benefit to the kids (HER kids, not ours. WE don't have any together) I'm trying to figure out where the sweet beautiful woman I fell in love with went....

[Otto 83]

I'm not a divorce attorney (or any other type of attorney) but I've hired/used one before... On the subject of your divorce - if she has one (an attorney), it would be to your benefit to get one too (and before you sign anything).

On the I-751;

I'd also consult with a qualified family-based immigration attorney to sit down and figure out what your options are and what step(s) to take. If he/she decides you should file right away, he/she will be the one to advise you on not just what A good reason is, but what YOUR good reason is (there's no universal 'good reason'). Do this as soon as possible - as of right now, you're 7 days late - don't let that gap build wider.

I realize all this will cost money - but better now than later. Hope it works out.

Edited November 22, 2009 by Otto und Karin

[Dakine 26]

Submit the I-751 ASAP with a letter to the Director stating you were waiting for the divorce paper or something like that.

You shouldn't have any problems getting the 1 year extension letter as you are only a little late.

Get a lawyer standing by.

[rika60607 215]

Whether good reason for late filing is good, is left to individual officer to decide.

You should file I-751 asap. Tell them the truth - that you got kicked out of the house and took minimum of possessions with you. That separation made it harder for you to come up with the money and the evidence to send along. That it took some time for you to find out that you are allowed to file ROC before you have a divorce decree and you hoped to at least file for divorce prior to submission, but that did not happen yet because your wife is not cooperating. That's what I would do. If you can't collect all evidence now, state so in a letter, say that you will send it in later (or may be you can just send it in response to RFE).

You MUST submit explanation/ excuse letter, or your petition will be automatically denied.

At the very least you must send "late filing excuse letter", the fee, the I-751 with waiver, a letter explaining why you file alone and some items showing that you were really married (marriage certificate, GC copy, your driver's license copy with address, bank account statements, tax transcripts if you have them.

Once you receive a receipt for I-751, it will say that you are authorized to work and travel for 1 year after GC expiration date.

THEN you can deal with divorce itself. Please do not sign anything that her attorney comes up with, unless your attorney advises you to do so. If she has a lawyer, you need one too.

I've read somewhere on VJ that it took 4-6 months to immigration hearing. That's too long to stay unemployed... file now and get your status extended.

Submit the I-751 ASAP with a letter to the Director stating you were waiting for the divorce paper or something like that.

You shouldn't have any problems getting the 1 year extension letter as you are only a little late.

Get a lawyer standing by.

[Upsidedown 1]

Thank you everyone for all your help. I will be sending the ROC off tomorrow morning first thing.

Something just occurred to me... When I first came down here, my wife was on VJ religiously. She had our timeline all filled out perfectly and everything... Problem is, I don't remember the user name that she used. Is there ANY way to search the members by first or last name?

[Otto 83]

Is there ANY way to search the members by first or last name?

I don't believe so - no.

[rika60607 215]

There may be a way to find it... not by name of course. but why do you want it?

Is there ANY way to search the members by first or last name?

[Upsidedown 1]

I want it because she had completed our timeline in her signature. If I can find just ONE post from her, I would be able to copy that info down for my own records. When I say she is being uncooperative, I mean it! I called to get her social for my I-751, and she said she wasn't comfortable giving it to me and that she would have to discuss it with her attorney.

[Otto 83]

I want it because she had completed our timeline in her signature. If I can find just ONE post from her, I would be able to copy that info down for my own records. When I say she is being uncooperative, I mean it! I called to get her social for my I-751, and she said she wasn't comfortable giving it to me and that she would have to discuss it with her attorney.

Perhaps you can try the Portals (top of page) section - can find other Canadian members and perhaps come across it that way.

[rika60607 215]

http://www.visajourney.com/timeline/k1list...ll&dfile=No

you could go to timelines (above)

filter by country and service center

and then sort by dates and look who's in there. You know your timeline approximately. You would likely recognize your spouse by name/avatar/posting contents.

It will likely be hurtful to see her posts... but if that's what you need to do... that's what you do.

I want it because she had completed our timeline in her signature. If I can find just ONE post from her, I would be able to copy that info down for my own records. When I say she is being uncooperative, I mean it! I called to get her social for my I-751, and she said she wasn't comfortable giving it to me and that she would have to discuss it with her attorney.