Ugently need to go out of country after filing I-751

[ninak11 0]

Hello

We just filed I-751 a week back to remove my GC conditions and yesterday my husband has talked to me regarding divorce. I have no support here and I am planning to go back to my country. I am feeling totally shattered and unstable so might need to stay there for few months.

If USCIS doesn't find me available for any formalities, what will happen to my case. Can somebody also tell me what approx can be processing period for CA if someone has filed towards the end of year, which would be usually slow I guess ?. What best I can do in this situation, though I have to go out of US for sure

Thanx

[Bobby+Umit 161]

Questions:

Do you wish to remain a LPR? That answer will give you better info.

If your not here to answer mailings/questions/biometrics from USCIS, your case will be cancelled and you lose your status.

ROC is currently at 6 months according to the USCIS website for processing.

[Krikit 1,165]

Moving from ROC Process to Effects of Major Changes as a more appropriate forum to receive applicable advice.

[Gosia & Tito 199]

Hello

We just filed I-751 a week back to remove my GC conditions and yesterday my husband has talked to me regarding divorce. I have no support here and I am planning to go back to my country. I am feeling totally shattered and unstable so might need to stay there for few months.

If USCIS doesn't find me available for any formalities, what will happen to my case. Can somebody also tell me what approx can be processing period for CA if someone has filed towards the end of year, which would be usually slow I guess ?. What best I can do in this situation, though I have to go out of US for sure

Thanx

Very sorry to hear about your situation.

It is understandable that you feel like you do. But, the shock would pass and then you need to put some thoughts into the situation.

Talking about divorce is not equivalent to going thru with it. At the vrey least, since the ROC was filed, seems that there is no ill will among the two of you.

There are several things to consider: one post mentioned whether you want to remain a resident in the US already.

Pls note that as a LPR, you need to maintain actual residency (meaning living here) for a portion of the year to maintain status. So even if you want to remain LPR, maybe it is not possible long term. The only way out of that is to become a citizen, but you still have 1 to 2-3 years depending on how your situation develops.

ANother thing to consider is (assuming your spouse goes ahead with the decision) the length of time a divorce takes and whether a cause is required. Most states are no-fault (meaning, no specific reason is needed other than wanting to do it), but a few still require a valid reason. On top, divorce does not happen overnight; it takes several months and in some states up to a year of separation before a divorce can proceed. In case of separation, would spouse support you? (or an you support yourself).

In case of a divorce, you would be entitled to alimony (not a sure thing, but your case seems like a possible one), which could be sufficient to maintain a place to live and eat. If you leave the country, all that is forfeited. You might want to contact a non-proft organization (major cities often have one or more) that can help you legally at no cost

Good luck

[Brother Hesekiel 2,236]

You are looking at two potential problems. If you just filed jointly and now your husband told you that he' ll divorce you, you would have to refile with a waiver. If you are called in for an interview and either your husband or you tell the truth, the I.O. cannot approve your RoC petition if he wanted to.

The second problem is that you a) have to wait for your NOA1 letter to arrive, which should be any day, and b) that you will need to attend the biometrics appointment a few weeks later.

None of this matters if you don't plan on coming back to the U.S. but I would not make such a life-changing decision when I'm a nervous wreck based on the news you just received.

Talk to your husband. Try to make it work. Wait for your NOA1. Go to biometrics. That's the least you have to do before departing the U.S.

Edited October 21, 2011 by Brother Hesekiel