Getting a Divorce

[buster2209 2]

So here's my story......

I came into the country on a K-1 and have been married for 2 years.

My permanent resident card expires 03/29/12.

I left my wife 6 weeks ago as we were just not working out. No one cheated, no one did anything wrong, I was just deeply unhappy and wanted out.

I understand that I need to file my I-751 in January and that I can apply for a waiver as long as I provide substantial evidence that the marriage wasn't a sham marriage.

The problem is that she has is hurt and doing all kinds of stupid stuff that people do when they are hurt. The bottom line is that I have to get a divorce layer and will probably go to court. This means that I severely doubt I will be divorced before my permanent resident card expires.

What is the procedure for dealing with this?

I'd be grateful for any help, info, and/or guides.

Thanks in advance.

[Nich-Nick 3,354]

So here's my story......

I came into the country on a K-1 and have been married for 2 years.

My permanent resident card expires 03/29/12.

I left my wife 6 weeks ago as we were just not working out. No one cheated, no one did anything wrong, I was just deeply unhappy and wanted out.

I understand that I need to file my I-751 in January and that I can apply for a waiver as long as I provide substantial evidence that the marriage wasn't a sham marriage.

The problem is that she has is hurt and doing all kinds of stupid stuff that people do when they are hurt. The bottom line is that I have to get a divorce layer and will probably go to court. This means that I severely doubt I will be divorced before my permanent resident card expires.

What is the procedure for dealing with this?

I'd be grateful for any help, info, and/or guides.

Thanks in advance.

Apply late in your 90 day window but make sure it arrives before the expiration of the GC. Then wait for an RFE for the divorce decree and hope by then you have it.

[Nich-Nick 3,354]

Add to my previous post:

See this page http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD for an official USCIS answer

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.
  

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

[buster2209 2]

Thanks for the reply.

The link helped clear things up.