In need of help for I-751

[inneedofhelp 1]

So ive been trying to research how to file the I-751 in my situation but my head is completely upside down. I am now seperated from my wife (The US Citizen) and the 90 day window to file will be open next month. After doing the numbers, i dont think we will be divorced by the end of the 90 day window, so does this mean we file jointly? What if my wife doesnt want to or will not co operate?

I dont understand the whole wavier thing to be honest. I also keep reading removal proceedings too, which in honesty sounds scary and intimidating.

So correct me if im wrong here -

we file jointly as we will still be married?

We will get an RFE because there will be no divorce decree?

We get a wavier to obtain the divorce decree?

If the divorce decree isnt here in time the removal proceedings will start? (i dont know what that is)

What happens if i get the divorce decree in the extended time given to us? will i have to re-file on my own, make up a new I-751 packet and pay the whole fee all over again?

We entered the marraige in good faith, i have the evidence needed to prove this, all the documents and material. That is what is necessery for this process, to prove the marraige was entered in good faith. So what if things take a turn for the worse (right now things are as civil as they can be) and my wife wont co operate and wont attend the interview, would this look bad, i mean, i know it will look bad but will this have a huge effect on the outcome of the whole thing?

I would like to say thankyou to everyone who helped us on our journey, without the people on this site who knows what would happened. Also i want to thank everyone who helps me through my current sticky situation.

God bless

[TracyTN 237]

There is a topic about this pinned at the top of this forum.

File when you must. If the divorce is not complete when you do file, they will send you an RFE for the final divorce decree. You will have 87 days to respond to that RFE.

Edited June 16, 2011 by TracyTN

[inneedofhelp 1]

There is a topic about this pinned at the top of this forum.

File when you must. If the divorce is not complete when you do file, they will send you an RFE for the final divorce decree. You will have 87 days to respond to that RFE.

Thankyou for your reply,

Where can i find this forum??

What if the divorce decree isnt in my posession after the 87 days given?

Thanks again

[Nina~ 431]

Thankyou for your reply,

Where can i find this forum??

What if the divorce decree isnt in my posession after the 87 days given?

Thanks again

Same forum, click on the very first thread.

[TracyTN 237]

Thankyou for your reply,

What if the divorce decree isnt in my posession after the 87 days given?

Thanks again

I would be surprised if it wasn't, unless you're dragging your feet on starting divorce proceedings.

If it isn't, I suppose the only thing you could do is reply stating when you think you would have it and asking for an extension. I wouldn't do that by mail though - I'd probably make an Infopass appointment at a local USCIS office to make sure that's their recommended course of action.

[Brother Hesekiel 2,236]

Inneedofhelp,

here's how the cookie crumbles: the USCIS knows only 2 scenarios, like black and white:

1) You are happily married and live together in martial bliss

2) You are divorced.

There is no in-between in the eyes of Uncle Sam's elves. In case 1) you file jointly; in case 2) you file separately with a "waiver" which only means that you mark one field on the I-751.

Since you are not divorced yet, but your window opens soon, you will need to play it smart and delay as long as you can. If you are not divorced by about 7 to 10 days before your Green Card expires, mail in your I-751 anyway as you can't really mail it in late. About a week later you'll receive the all-important NOA1 in the mail which extends the validity of your Green Card for another year.

A few weeks later an actual I.O. will look through your package and notice that there's no divorce decree in there. He or she will then mail an RFE for that thing to you. This will open another 88-day window for you to provide it.

If you are still not being divorced by the time your RFE time frame runs out, you'll need to retain an attorney, unfortunately, as the USCIS computer will automatically initiate proceeding to terminate your residency. That means a day in court in front of an immigration judge. If you are still not divorced by the time you are in front of the judge, your attorney will ask the judge to put the proceedings on hold until your divorce is final and you can provide the divorce decree to the USCIS. In all but the most unusual cases the judge will sign off on this.

Once your divorce is final, your attorney will mail the divorce decree to the USCIS who then can finally adjudicate your I-751. If they feel you entered the marriage in good faith, they will withdraw the petition to terminate your residency; if they feel you are a fraudster, they deny your I-751 and you are back in front of the judge.