Requesting I-751 extension due to divorce. How does it work?

[sleeplessinla 0]

Hey guys,

I'm looking for information regarding an extension of the window in which the I-751 has to be filed, due to divorce.

There's a good chance that I'll end up getting divorced soon. My 2 year green card expires March 17 and so the windows for filing the I-751 starts very soon. If I do end up getting a divorce, I will have to file the I-751 through a waiver. I'll already know how that process works. The divorce would take a good 6 months to be finalised, and I would therefore exceed my window for filing. I've heard that you can ask for an extension on filing because you are waiting for a divorce to get finalised.

I'm wondering if there are any people here who have experience with this situation, or people who can advise. How would one go about filing for that extension? Do you just send a letter explaining the situation and include proof of the fact that you have a divorce in process? The reason i'm asking is that I know a lawyer who can take care of all this stuff (all the processes), but I feel confident enough that I can do it by myself. The only thing would be the extension, but if that turns out to be quite straight forward, I could do that by myself as well. I just don't have that amount of money to spend on a lawyer.

So does anybody know how this process works, and what will happen?

Thanks, any help is greatly appreciated!

[YuAndDan 153]

I have not heard of an extension, they may postpone an interview until after a divorce has been settled, but you need to file the I-751 within 90 days before the green card expires, you need to file jointly with your spouse.

I came across this a while back:

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html Edited December 13, 2006 by YuAndDan

[sparkofcreation 0]

I believe it is usually suggested that you write a letter to the USCIS explaining, but I don't know the details. There is a new forum specifically for these questions (something like "Effects of Major Changes" forum) and people there might have a better idea.

[sleeplessinla 0]

I believe it is usually suggested that you write a letter to the USCIS explaining, but I don't know the details. There is a new forum specifically for these questions (something like "Effects of Major Changes" forum) and people there might have a better idea.

Thanks for the help!