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

[sleeplessinla 0]

Hey guys,

I posted this in the general section, but I was redirected here, so hopefully I'm able to get some more input over here.

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!

[diadromous mermaid 36]

Hey guys,

I posted this in the general section, but I was redirected here, so hopefully I'm able to get some more input over here.

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!

To the best of my knowledge, and I'll readily admit, that might be limited, but there is no such automatic extension, to which you refer.

In the event that a couple are approaching the filing deadline to remove conditions on the alien's conditional green card and a divorce is imminent, there are a couple of options.

If the US citizen spouse is willing a joint I-751 can be filed. Note that parties do not necessarily have to be living together to file a joint I-751, but once a legal separation or a divorce has begun, subsequent to filing a joint I-751, it is protocol for the parties to inform the Service Centre in writing. This places the Service Centre on notice that there is a chance that the couple may be divorced prior to adjudication. Should that occur, the jointly-filed I-751 would be withdrawn (USCIS cannot adjudicate a joint filing if the parties are no longer legally married) and the alien would then replace that application with a waiver on one or all of the three grounds that pertain. This can protract the process, somewhat, but there is little hazard that the alien fall out of status in the interim and while a waiver is not possible due to the absence of a divorce decree, which is necessary for the waiver submission.

Alternatively, if the US citizen spouse is unwilling to jointly file an I-751 and the parties are headed for a divorce, the alien must wait for a divorce to be final in order to file the waiver. Should the filing deadline arrive and the window for submission pass, whilst awaiting a final decree, the alien will fall out of status and lose any corresponding immigrant benefits that go along with status and would become subject to removal. Late submission of a waiver is possible, once the decree is available, but acceptance by USCIS is discretionary and depending upon the time lag to secure one, there is no guarantee that removal proceedings may be instituted in the interim.

I've heard of situations where aliens that are headed for divorce at the time the I-751 is due, but have submitted a wiaver form I-751 without a divorce decree prior to the expiry date on the conditional green card, with the intention of replacing it with another when the decree is available. While this is not described as proper in terms of USCIS standard process, I suppose it alerts USCIS to the fact that a divorce will be forthcoming. Chances are that this application would be denied, absent a divorce decree, but at the same time it could prevent the alien from falling out of status. I have no idea whether this is a successful or approved manner in dealing with the issue, but I have seen it done.