I-751 while waiting for divorce judgment

[Celestial217 0]

Hey everyone,

This is my first time posting here, and I apologize if this has been covered in the past.

I'm currently am a conditional GC holder, with the status expiring in August.

I originally filed jointly with my husband, a US citizen. We have since split up, but I've only recently filed for divorce, because it took me some time to actually find him.

The divorce will take some time to finalize and I'm afraid I won't have the judgment before my status expires. I just spoke to a USCIS representative, and was told that I will be up for deportation if I do not satisfy the joint petition waiver by providing them with a judgment of divorce. I'm afraid that if my status expires, so will my I-9 at work and I could lose my job. I have a small child, and I'm the only one supporting her.

My wuestion is, has anyone else gone through something similar, and is it really true that I can't file the I-751 without the actual judgment? Maybe I can bring a receipt from the courts, proving the filing?

Thank you all so much

[edp333 9]

This previous topic discusses your situation: http://www.visajourney.com/forums/topic/207170-i-751-waiver-i-do-not-have-the-divorce-yet/

Edited June 8, 2010 by edp333

[Brother Hesekiel 2,236]

Given your specific situation, you cannot file the I-751 jointly with your husband. Even if you get approved and they find out eventually, all hell will break loose.

You need to withdraw your original I-751 and file a new one with a waiver. Since time is not your friend here, file it about 7 to 10 days before your GC expires.

You will receive a NOA1 which extends the validity of your GC for a year. That also covers the I-9. Once they have a closer look at your file (which luckily takes time), they'll discover that the divorce decree is missing and they'll send you an RFE for it. And again you have time to respond, which is good. Hopefully, your divorce will be finalized when all the time you have been given runs out, but if that's not the case, deportation proceedings will be automatically initiated. And that too will take time again. Eventually, there will be a court date at which point you need a lawyer. Your lawyer will ask the judge to put the deportation case on hold until your divorce is final and your I-751 has been revisited and decided upon. In all but the most unusual cases the judge will grant this request.

Then, once you have a divorce decree at hand, you'll respond to the RFE and send it to USCIS. They then can and probably will decide in your favor and -- most likely after a brief interview -- remove the conditions and give you unconditional residence.

It's important that you understand how crucial the timing here is. You need to buy as much time as possible in order to get your divorce finalized as that is a 'must have' requirement for the final adjucation of your I-751.

Edited June 8, 2010 by Just Bob

[Celestial217 0]

Just Bob,

Thank you so much for this. I have yet to file an I-751, and would never file a joint petition, even though I do have one that he's signed. I don't want to risk this. We've been broken up for a very long time, it's just that I had to track him down.

My concern was the timing of the divorce judgment. You've definitely put me at ease.

Just a quick follow up question, if I may: even though our marriage has fallen apart, do I still need to provide proof as to the validity of the marriage? i.e bills, joint accounts, letters, etc.?

Thanks!

[MysteryCR1 0]

Hi,

I have a divorce case similar to yours.I got my green card approved(had my Conditional Residence Visa),it is now valid only for 2 years till June 2011.Things didnt go on as expected and my husband mostly wants a breakup.I landed in US on Jun17 and by Jun 30 he made up his mind.Now,even though i am legally married,i am not living with him.Can anybody let me know what will happen to my visa status and if i can prove my marraige happened in good faith.How can i get a permanent residency now?

[Okalian 41]

Hi,

I have a divorce case similar to yours.I got my green card approved(had my Conditional Residence Visa),it is now valid only for 2 years till June 2011.Things didnt go on as expected and my husband mostly wants a breakup.I landed in US on Jun17 and by Jun 30 he made up his mind.Now,even though i am legally married,i am not living with him.Can anybody let me know what will happen to my visa status and if i can prove my marraige happened in good faith.How can i get a permanent residency now?

Only yo can provide evidence that your marriage is in good faith. Did you file for a divorce?

[Brother Hesekiel 2,236]

Mystery CR1,

I answered your question in another forum already. Please do not post the same question several times as moderators can easily move it to the right forum. (Moderators, please merge.)

I doubt that you will be able to stay as you have not received your Green Card yet, you have not co-mingled with your husband, and you have really only spent a few days in the USA. Your relationship, although it may be real, has a big red flag attached. All you can prove is that you married a US citizen, nothing else. That's not going to be enough. Be prepared to call this an unfortunate experience and to return home to India.