I-751 and divorce

[bonitasummer 0]

My temporary GC is expiring - May 17, 2014. My husband don't want to sponsor me, which means he doesn't want to file jointly. If I file divorce now in New York City, the final divorce judgement won't be finalized in 6 months ~ 1 year, based on current NYC divorce process timeline. May I file divorce now and then include a copy of the filing document for I-751 before May 17, 2014 (so my status won't be illegal)? If I wait till the divorce decree, technically my status in US will become illegal, which means I have to stop working after May 17, 2014.

What I shall do?

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to Removing Conditions - topic is filing ROC when divorcing ~

[flora01 37]

According to green card expiration date your window to apply for i751 opened on 17th feb,2014,so you should not delay in applying for I751.You should apply for it as soon as possible if you wanna stay in US.

If you guys have decided to divorce and he is not willing to file for you,then definitely you should apply for I751 checking the box 'divorce waiver'.You can file for divorce and show final divorce papers at the time of interview or when they send rfe which they usually do after 4 or 5 months of applying.So you will have enough time to show divorce papers.

Right now you should send all joint docs(along with i751)by which you can prove that you entered marriage in good faith.

Good luck!

[sunshine16x 5]

Hello, I am in the same situation as you. Of course I consulted with more than one attorney before filing, just to be sure I could file the i751 with a pending divorce. I filed for divorce then sent my i751, asking for a waiver of a "joint" petition since my husband didn't sign it. In CA divorce also takes at least 6 months so I will definitely be receiving an RFE for the final divorce decree. Good luck with everything!!

[Viggy 14]

Hello,

I am in the same boat too. My Temporary GC expired Nov 2013

I filed for I 751 with a divorce waiver on 14 NOV 2013.

NOA date was NOV 15th and I had my Biometrics scheduled and completed on Dec 15th 2013.

I got my Divorce decree on Jan 3rd.

Have not heard anything from USCIS yet, Hoping to receive a RFE soon as I did not have my Divorce finalized.

It will be 6 Months in another weeks time.

Not sure what to do or whom to contact about the status yet..

Just hoping to see some action.

Will keep posting about the updates here..

Peace

[tuckin14 58]

Based on what I have read, USCIS is relatively lenient in handling cases like yours. They will use the 87-day RFE response period to give you time to finalize the divorce, and sometimes grant a continuance. It's basically a top-level USCIS policy to try to allow applicants who are in the process of divorce to file legitimately with a waiver.

[user19000 18]

Based on what I have read, USCIS is relatively lenient in handling cases like yours. They will use the 87-day RFE response period to give you time to finalize the divorce, and sometimes grant a continuance. It's basically a top-level USCIS policy to try to allow applicants who are in the process of divorce to file legitimately with a waiver.

She already received the divorce decree and sent it in.