Divorce Before 2yr Mark - My Options?

[JimVaPhuong 4,863]

Bob is correct.

Almost everything you need to know is explained in the instructions for the I-751. Read them carefully.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Note that the instructions will say that you must submit a copy of the divorce decree with the I-751. USCIS issued a policy memorandum last year that states they will no longer routinely deny an I-751 if a divorce decree is not included. Instead, they will issue an RFE and give you 87 days to respond. If you don't produce a divorce decree in that time, they'll begin removal proceedings, and you'll eventually get a notice to appear. That memorandum is here:

http://www.uscis.gov/files/nativedocuments/i-751_Filed_%20Prior_Termination_3apr09.pdf

Getting a divorce can be a lengthy process. It is in your best interests to get moving on the divorce as quickly as possible.

[byg4857 1]

Thanks guys for your help and the links you gave me.

I spoke with my wife and she wants it done as soon as possible as she is seeing someone else. So its been an interesting last week i can tell you.....

I am going to get the papers and sort it out this week. At the moment she doesn't seem to be very cooperative with helping me with my evidence that i need to support my application. So i think it will be a tough one to get through but i know i have enough evidence to prove the truth in all this.

I do have a question - do i need to tell the USCIS that i am getting the divorce? Will it harm any international travel i have to do for work?

Once again, thanks for all the help and advice!!!

[byg4857 1]

Also, it says in the instructions for the I-751 that i must file no earlier than 90days before my status is up (November in my case). But we have been Married for 2yrs really soon! What do i do here? File anyway after the divorce has gone through?

Thanks!!!

[nane1104 146]

I believe I have read that you can file the I-751 with the waiver as soon as you are divorced but usually it is within the 90 day window before your greencard expires.

I am sure if this is wrong someone will slash my head off for giving false information. ;-)

Hopefully your wife will come around and help you out a little. Maybe this all wll need a little time to settle with her as well and then you can sit down and sort through your evidence...

Good luck and all the best!!

[VanessaTony 3,567]

Also, it says in the instructions for the I-751 that i must file no earlier than 90days before my status is up (November in my case). But we have been Married for 2yrs really soon! What do i do here? File anyway after the divorce has gone through?

Thanks!!!

You must file NO LATER than your greencard expiration date.

When filing based on marriage you file in the 90 day window, any earlier and it will be returned, any later than the expiration date and you will be denied.

When filing by yourself, you can file as soon as the divorce is final as TECHNICALLY you are breaching the conditions of your 2 year card by being divorced.. remaining married to your USC is one of the conditions. The waiver you file allows you to file early as well as filing by yourself.

If your divorce is not final before your card is due to expire, file the forms anyway. You will get an RFE for the divorce decree and will be given time to provide it. From what i've read, if your divorce is STILL not final by the RFE deadline, you will need to go to court at which time you explain that your divorce is taking a while and they give you more time to get it all done.

Hope that helps.