Please help me with this complex I-751 situation

[kimtend 0]

Hi ,

We have filed I-751 last week to remove conditions on my GC and that too on my expense. Just yesterday my husband mentioned that our relation is just not working out but he will help me through the I-751 process. He is actually having an extra-marital affair and is also not mentally balanced. I am not sure what to do, so have couple of questions

What if he actually doesn't support me in this process till last stage and in that case I have to file a waiver petion if I am correct. .So that way I have just wasted time and money on this joint petition. Also how long does divorce process takes in CA and how long it is approx taking I-751 process to complete. I also believe I can't leave country while any of these processes are going on. Any ideas or opinions ?

If the situation comes where I have to file waiver, what evidences or documents can help me getting case in my favor like proof of his affair or mental problems Thanks

[RebeccaAndPhil 5]

Hi ,

We have filed I-751 last week to remove conditions on my GC and that too on my expense. Just yesterday my husband mentioned that our relation is just not working out but he will help me through the I-751 process. He is actually having an extra-marital affair and is also not mentally balanced. I am not sure what to do, so have couple of questions

What if he actually doesn't support me in this process till last stage and in that case I have to file a waiver petion if I am correct. .So that way I have just wasted time and money on this joint petition. Also how long does divorce process takes in CA and how long it is approx taking I-751 process to complete. I also believe I can't leave country while any of these processes are going on. Any ideas or opinions ?

If the situation comes where I have to file waiver, what evidences or documents can help me getting case in my favor like proof of his affair or mental problems Thanks

If you are going to file for a divorce, then yes, you'll have to file a waiver to file the joint petition. In order to do that you'll need the divorce decree and you would send it in to USCIS to be filed with your already filed I-751 (with your A# on any paperwork mailed in). Your husband can't prevent you from removing conditions. I'm assuming he is your financial sponsor (if he was the one who filed form I-864 for you), therefore he cannot just say he won't support you because he decides he doesn't want to. In short, he cannot get you kicked out of the US unless he can somehow prove your marriage was not entered in good faith and it was fraud. Since you already mailed in your I-751, I'm hoping you included a ton of paperwork showing that you entered your marriage in good faith and still have many forms of joint finances, property, etc? If not, you will get an RFE for this evidence and you must send in whatever evidence you have.

I can't tell you how long the process of I-751 will take but I do know the CSC is running more quickly than the VSC so at least that's on your side. I would prepare for a bout a 6 month wait though and if you get it sooner than that, great.

Since you filed last week, you will soon receive a Notice of Action (NOA) letter from USCIS stating they received your application and extending your legal status in the US for one year. This letter provides a way for you to travel and leave the country if you need to. I would be wary of leaving for too long though because you will need to be in the country to complete your biometrics and attend an interview if you're called in for one. If you must leave the country, have someone check your mail to let you know of any important correspondence, and be prepared to come back if you need to.

If you haven't already, be sure to read over the I-751 filing instructions as it gives notice on what to do if you're filing to waive the joint filing requirement.

http://www.uscis.gov/files/form/i-751instr.pdf