I-751 Waiver Filers Timeline

[dhsplease 1]

Yurika& jim is right. There's a selection of people who don't get one. I see your greencard will expire jan 11, means it was approved jan 2009 and you've had your biometrics (for I-485) probably a few months before. I heard (and i definitely could be wrong) if your last biometrics were less than 15 months old, they still use it. I think this may be your case. but you never know with USCIS..

Please keep in mind that, under normal circumstances, waivers and jointly filed I-751 take the exact same timeline. I was approved just as fast as (and even faster than a few other) jointly filed applicants.

And yes, you may travel with you unexpired greencard. But make sure someone locally is checking your mailbox to see if you get a biometrics or an interview notice. Failing to appear to either one will guarantee the denial of I-751. Take your I-751 receipt notice with you.

I think my Biometrics was done in Dec 2008 so it has def been more than 15 months since then.

Just to confirm what you said, Are you sre i can travel with the unxpired greencard. Does the divorce not terminate the status and then you have to have to NOA with you?

If i travel, it would only be for a week so i wont have a problem keeping track of the mail.

[Okalian 41]

Just to confirm what you said, Are you sre i can travel with the unxpired greencard. Does the divorce not terminate the status and then you have to have to NOA with you?

Your conditional greencard is *supposedly* contingent upon the continuity of your marriage. However, if you get divorced, or if your USC spouse passes away, or if you're being abused, then you're entitled to keep your greencard as long as you meet the criteria for your waiver's category. Applying for a waiver , therefore, keeps you in status, even if you're divorced. This is why conditional residents who are divorced are advised to file I-751 as soon as the divorce is filed (it doesn't get adjudicated until a final divorce decree is sent to USCIS).

Since you filed for I-751 and received NOA1 (which extends your status), I think you should be okay to travel. HOWEVER, the intended nature of this forum is only to give some suggestions, but a lawyer's advice should be what you base your decisions on. So please act accordingly.

[dhsplease 1]

Your conditional greencard is *supposedly* contingent upon the continuity of your marriage. However, if you get divorced, or if your USC spouse passes away, or if you're being abused, then you're entitled to keep your greencard as long as you meet the criteria for your waiver's category. Applying for a waiver , therefore, keeps you in status, even if you're divorced. This is why conditional residents who are divorced are advised to file I-751 as soon as the divorce is filed (it doesn't get adjudicated until a final divorce decree is sent to USCIS).

Since you filed for I-751 and received NOA1 (which extends your status), I think you should be okay to travel. HOWEVER, the intended nature of this forum is only to give some suggestions, but a lawyer's advice should be what you base your decisions on. So please act accordingly.

Thanks for all your time and responses okalian. I understand the above. The problem is that i have not recieved the NOA, That's why i am not sure if i am ok to travel or not.

[Okalian 41]

<br>Thanks for all your time and responses okalian. I understand the above. The problem is that i have not recieved the NOA, That's why i am not sure if i am ok to travel or not.<br>

<br><br>You can schedule an infopass and get an I-551 stamp.

[dhsplease 1]

<br><br>You can schedule an infopass and get an I-551 stamp.

Thanks - Let me try to start a thread to see if someone else has been in this situation.

[iamwhatiam80 92]

I think my Biometrics was done in Dec 2008 so it has def been more than 15 months since then.

Just to confirm what you said, Are you sre i can travel with the unxpired greencard. Does the divorce not terminate the status and then you have to have to NOA with you?

If i travel, it would only be for a week so i wont have a problem keeping track of the mail.

The divorce does not terminate your green card. it is valid till its expiry date. i myself traveled on unexpired green card AFTER my divorce. so chill and travel wherever you want to.

However contact a lawyer. this is just my advice.

[dhsplease 1]

The divorce does not terminate your green card. it is valid till its expiry date. i myself traveled on unexpired green card AFTER my divorce. so chill and travel wherever you want to.

However contact a lawyer. this is just my advice.

Oh ok - Thanks 'iamwhatiam80' -- Did the officer asked you for your NOA when you came back into the US? I just want to ensure that i would be ok to travel.

[I751 0]

Oh ok - Thanks 'iamwhatiam80' -- Did the officer asked you for your NOA when you came back into the US? I just want to ensure that i would be ok to travel.

I travelled to Canada by car on the weekend after filling I-751. My physical Green Card was expired by then. I had kept NOA (1 year extension) with me on a safer side. However, the officer wasn't cared for expired date on the card. On the way out to Canada, the officer pointed that my card is expired, I explained him that I have a notice of 1 year extension with me. He did not bother to see the notice (they don't care while you are going out of the US).On the way in to the US, I showed the GC and NOA to the officer. However, he told me that I was kind of 3-4 guys that day that travelled on the expired Green Card. He also said to me that those guys were not carrying NOA with them. So it looks like if you have a Green Card, they are okay with it. Also when the officer was reviewing my documents, the other officer asked to the reviewer officer if I need AOS (adjustment of Status), but the reviewer officer told him--"No, he has Green Card with him". So my guess is that that can also adjust ones status on the border too.

This was my personal experience, doesn't mean that they will handle every case like mine. But just to be on a safer side, carry all necessary paperwork with you (I would carry the copy of whole I-751 application with me, so they know that your application is under review).

[Tom_Jim 40]

Received notification this morning that they approved my waiver and ordered production of my 10-year greencard. I did not get called in for an interview. I also did not use a lawyer and filed on my own. I was very meticulous with all my evidence and I'll include a list of what I sent to them. I also created two-hole punches on the top of each document that I sent. In addition, I've updated my timeline. I think if you have good solid evidence, you should be golden. I'm praying and hoping everyone still waiting get a decision in the affirmative, sooner rather than later.

Evidence I sent in the following order:

Judgment of Absolute Divorce (Washington, DC)

Sworn affidavit of ex-wife

Sworn affidavit of Former sister-in-law

Sworn affidavit of My Sister

Sworn affidavit of Mutual Friend

Sworn affidavit of My Best Friend

Sworn affidavit of Landlord

Washington, DC driver’s licenses

Jointly filed Federal Income Tax Statements for the years 2008, 2007 and 2006; joint Washington, DC income tax for 2008

Household summary for ex-wife's human resources and identification cards

Designation of Insurance Beneficiary for Life and Accident insurance

Joint medical insurance cards and life insurance

Joint Washington, DC apartment lease and amendment joint New York City lease and amendment

Bank profile for ex-wifew showing spouse indication

Federal Savings Bank joint checking and savings account

Joint American Express credit cards statements

T-Mobile joint cell phone statements

Verizon home phone and internet statements

Joint travel boarding passes

Correspondence to us as a couple from friends and family

Correspondence between me and my ex-wife

Photographs of shared lives 2002-2007 & 2008

Document production or Oath Ceremony

On June 22, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

California Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

BASKETBALLHEAD....01/25/10......02/03/10......02/24/10................03/08/10..(Divorce)

JUSTMENOW.........05/18/10......05/20/10......--/--/10................--/--/10..(Death)

Vermont Service Center

VJName............I-751 Date....NOA1 Date.....Biometrics..Interview...Approved

MR2100............12/23/09......12/28/09......01/25/10................--/--/10..(Divorce)

I751..............01/07/10......01/13/10......02/09/10................--/--/10..(Divorce)

OKALIAN...........01/22/10......01/26/10......02/19/10................04/30/10..(Divorce)

GOLDFEE111........02/02/10......02/08/10......04/15/10....07/26/10....--/--/10..(Divorce)

IAMWHATIAM80......03/11/10......03/17/10......04/12/10................--/--/10..(Divorce)

LATOSLATOS........03/18/10......03/22/10......04/16/10................06/22/10..(Divorce) (No Interview)

CHIPSAHOY.........05/07/10......05/10/10......06/17/10................--/--/10..(Divorce)

DHSPLEASE.........06/01/10......--/--/--......--/--/--................--/--/10..(Divorce)

Edited June 22, 2010 by latoslatos

[Okalian 41]

Congrats! Don't forget to update your signature too!

p.s if you didnt get an interview, no need to mention it between parenthesis just leave the "interview" date empty.

[Tom_Jim 40]

Thanks OKALIAN. Signature updated. I'm so relieved and did a happy dance all by myself. Sort of a lonely thing to do, but I still enjoyed it. Not as dramatic as when I was approved for my AOS. The one thing in common with my AOS approval and ROC approval: both occurred on beautiful days.

[iamwhatiam80 92]

Oh ok - Thanks 'iamwhatiam80' -- Did the officer asked you for your NOA when you came back into the US? I just want to ensure that i would be ok to travel.

dhsplease,

I had not even applied to remove my conditions when I travelled so I did not have the NOA with me. It was just the unexpired GC. If you have an unexpired GC, you should be good. However carry the NOA also in case if you already received one.

***That is my advice, contact a lawyer for more clarifications.

latoslatos,

I am very happy for you. Good to see the waiver got approved without the interview. I am just curious because I filed at the same location and a week before you and mine is still pending.. I dont know whats going on.

[Tom_Jim 40]

dhsplease,

I had not even applied to remove my conditions when I travelled so I did not have the NOA with me. It was just the unexpired GC. If you have an unexpired GC, you should be good. However carry the NOA also in case if you already received one.

***That is my advice, contact a lawyer for more clarifications.

latoslatos,

I am very happy for you. Good to see the waiver got approved without the interview. I am just curious because I filed at the same location and a week before you and mine is still pending.. I dont know whats going on.

Dearest Iawmwhatiam80,

The only thing I can think of that's different are:

1) Circumstance of the case;

2) evidence submitted;

3) backlog

I can assure you, you will get your card. The only way you cannot get it, is if you married your spouse to gain immigration status. So, we know this is not the case, it is inevitable that you will get it. Hang in there. I was just reading the USCIS Field Manual for immigration. In it, the USCIS can deny 751 divorce waivers if they are absolutely convinced that the marriage was entered only to gain immigration benefits. So, don't worry yourself too much. Best of luck and a speedy arrival for your greencard.

[iamwhatiam80 92]

Dearest Iawmwhatiam80,

The only thing I can think of that's different are:

1) Circumstance of the case;

2) evidence submitted;

3) backlog

I can assure you, you will get your card. The only way you cannot get it, is if you married your spouse to gain immigration status. So, we know this is not the case, it is inevitable that you will get it. Hang in there. I was just reading the USCIS Field Manual for immigration. In it, the USCIS can deny 751 divorce waivers if they are absolutely convinced that the marriage was entered only to gain immigration benefits. So, don't worry yourself too much. Best of luck and a speedy arrival for your greencard.

latoslatos,

thank you for your kind and encouraging words. yeah absolutely my marriage was genuine and bonafide. i have included evidence but its not as exhaustive and detailed like you have. your evidence was great.

i hope its only a matter of time.

[dhsplease 1]

got my NOA dated july 11th