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Filed: Timeline
Posted

hello

i applies for my 1-751 while i still in divoce the immegration sent me interview date and i went with my imegration attorny , i also took my divorce papers to prove that iam getting divorce but my divoce was not final yet

he asked me few qestions and i have answer clear and i had more than enough of proves of my marriage till he told me i have got enough proves keep the rest i dont want them

after the interview i got letter say that i have 90 days limt to get my divoce done or i will be dennied !!!!!!

iam not sure if i can get my divorce final by then or no

dose any one has any idea about whats going one or have seen cases like that ??!!!!!!!!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** Moving from CR-1 to ROC forum as OP is asking about Removing Conditions during divorce, not a spousal visa *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

hello

i applies for my 1-751 while i still in divoce the immegration sent me interview date and i went with my imegration attorny , i also took my divorce papers to prove that iam getting divorce but my divoce was not final yet

he asked me few qestions and i have answer clear and i had more than enough of proves of my marriage till he told me i have got enough proves keep the rest i dont want them

after the interview i got letter say that i have 90 days limt to get my divoce done or i will be dennied !!!!!!

iam not sure if i can get my divorce final by then or no

dose any one has any idea about whats going one or have seen cases like that ??!!!!!!!!

Calm down. If you don't have a divorce decree within 90 days, you'll get a chance to go before the Immigration Judge to grant you an extension until you have the decree. Didn't your immigration lawyer explain the process?

ROC 2009
Naturalization 2010

Filed: Other Timeline
Posted

Looks like your attorney did not explain this to you.

Your I-751 CANNOT be adjudicated unless you are divorced. So if you sent in your I-751 without the divorce decree, which you needed to do if your Green Card is about to expire, then you will receive an RFE for the missing divorce decree. If you are not divorced by the time given (90 days here), they will deny your RoC. The system then will automatically start removal proceedings against you. That's nothing personal, that's all computerized.

You will have a day in court at which time your attorney will ask the judge to put all proceedings on halt until your divorce is final and you have the divorce decree. In almost all cases the judge will okay this.

Once you have your divorce decree, your attorney will send it to USCIS. Based on the judge's decision USCIS will then reopen your petition and adjudicate your petition.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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