I-751 RFE but divorce pending

[alexmat01 0]

Hello All,

I have a marriage based conditional green card but before the 2 year deadline to joinly sign and remove the condition, we are in a divorce. Because of that I applied for the I-751 - Waiver of conditions and just last month got an RFE asking for my divorce order. However the divorce is heavily contested and I dont see it coming to a conclusion till end of this year. Hence I wont have a Divorce order to send to the USCIS.

I have the following questions:

1) If I send in an explanation to USCIS about my divorce case and I wont have the order until end of this year, will that buy me an extension. Alternaltively if they call me for an interview can I give them the details there and ask for extension ?

2) If the above doesnt work, am I denied, and can I reapply with a fresh I-751 application once I get my divorce orde, OR am I sent to a judge (given a NTA) ?

3) If its an NTA , what is an approximate time frame that I will be called before a judge, so that I can know if I will have my divorce order in hand by then.

4) This is very important to me -If I am denied or given an NTA, does that mean my Green card is cancelled ? Can I still work till I get my card approved ? Can I do international travel (in urgent case) like taking a rentry permit etc or I just cannot travel internationally (and if I do I cannot reenter) ?

5) Is the limbo time (from the time of denial till I get my 10 year GC approved) counted to my 5 year requirement to naturalize, or do I lose that time ?

Any help/pointers in this regards will help me. I am under stress thinking of what nots.

Thanks

Alexie

Edited February 24, 2016 by alexmat01

[Hypnos 6,578]

1) No.

2) Yes, your I-751 will be denied and you may wind up in immigration court.

3) Probably months, maybe even years. Your chances of actually getting deported are almost zero.

4) Only an immigration judge can revoke your green card and LPR status. You will be out of status from the time your I-751 is denied, but might be eligible to obtain some kind of interim EAD whilst your case works its way through the court system. Unsure on the details.

5) It will depend on whether you're able to resurrect your denied I-751 in immigration court or you need to file a new one.

How it usually goes down is that by the time you get to your master hearing, you already have the missing divorce decree in your hand. You can then ask the judge to re-open your I-751 in light of this, and he or she may then adjudicate it or, more likely, will remand it back to USCIS.