Filing for waiver before divorce is final

[Linguere 0]

Greetings everyone! I have been away from the forums for a very long time, so I want to wish everyone well on their journeys. Mine did not end well, and my husband and I are divorcing. His conditional permanent residency expires this August and so he is in a difficult position. I just filed the divorce papers a week ago and certainly this process will not be completed by August. I have a do want him to be able to remain in the country because we have a 1 year old daughter together. She needs her dad and I have no family or support, so I'd be a serious solo parent. With all of that said, I would like to ask if anyone knows what will happen if he files the I-751/waiver without the final divorce decree. I have read that they will just send an RFE for the divorce decree, but does anyone know how long they will give an applicantant to send it? He is looking for work, so obtaining a lawyer is just out of reach for him, and certainly for me. I would appreciate it if anyone could offer any advice or suggestions. I do believe that he married me in good faith and I have no problem notarizing an affidavit to say so. My concern is for my child to not be separated from her father for decades. I won't be able to afford the trips.

Thank you in advance for any advice....

PS I could not, in good conscience, file for him since we were on the divorce path. I filed for a limited divorce (similar to separation) a few months back.

Blessings!!

[Okalian 41]

Look at this case

http://britishexpats.com/forum/showthread.php?t=645577

He's the only person I know who's taking advantage of the new memo (i.e filing for waiver before divorce is finalized). He didn't yet get his RFE. But i wanna say it depends ALOT on which service center he's filing at. VSC tends to be much slower and thus allows more time.

[Linguere 0]

Thank you very much. Sorry for the repeat question. I did find the memo afterwards, stating that it allows for 87 days. In Maryland, one has to wait for a year and a day of separation before filing for divorce...so, that's tough! In any case, I hope that the timeline works out. Fortunately for me, it sort of forces us to agree upon everything before going into court to speed things up! Thank you so much for the information. We will be using VSC, so that's good news for him. Thank you again!