I-751 dilemma please help!!!!

[dudeinTriBeCa 38]

Okay I'll try to keep this post brief and provide as much details as possible. So basically my spouse and I separated back in December 2014 when we started living apart. Insecurity, infidelity and finances were the leading cause of the marriage's breakdown. My GC expires on Sept 18 and our no contest divorce would be finalized on Sept 15. I doubt I'll have copies of the divorce decree in hand same day and I need to file for ROC with a waiver before the GC expires 3days later. At this point what would be my best course of action? File the I-751 now without copies of the divorce decree to meet the 90 day requirement and hope they issue an RFE for the divorce decree in which I can provide when I have it in hands? Or wait to receive the court papers then file the I-751 but the downside is I'll officially be outside the 90day window and my GC would have expired by then? Just an FYI my spouse and I maintained a fairly normal relationship since the break up (it was horrible in the beginning though). I mean we are not like best of friends now but not enemies either. We only communicate when there's a real need to do so (usually to share updates regarding the divorce) but she's still VERY CLOSE and visits my family just not me . I'll appreciate any feedback and/or response. Thanks VJ'ers!!

[Sukie 1,460]

In my opinion, you have three choices:

1. File within the 90-day window, add a page about the divorce decree and wait for an RFE.

2. File within the 90-day window, add a page about the divorce decree and mail it in as soon as you have a copy and a case number, and hope they add it to your file correctly.

3. Wait for the divorce decree, write an explanation about why you waited to file the papers until you got a copy of the divorce decree and pray they will accept your lateness excuse.

I'd do #1, myself, as I think it is the most conservative choice, and I don't like gambling with USCIS. But I think each option is valid.

Perhaps others have had actual experience in a case like this....

Sukie in NY

Edited September 12, 2016 by Sukie

[NikLR 13,227]

I agree file without the divorce decree and send it in with the eventual RFE.

Sorry for all the edits. My screen phone is broken and i cant see what the heck I'm typing!

Edited September 12, 2016 by NikLR

[Cheezees 1,514]

This is a fairly common situation for those filing with divorce waivers on VJ. You need to file without the divorce decree. You will receive an RFE for it and will have some time to produce the final decree. Waiting to file AFTER the decree is obtained but outside of the 90-day window is unacceptable and a reason for denial. DO NOT make that mistake.

[dudeinTriBeCa 38]

Thank you so much guys, I appreciate all the feedback. So it appears I'll file the I-751 without the divorce decree. Now my question is should I file the application on Sept 15 the same day the divorce would be granted or file today and postdate the divorce dates and date of signature on the form? But the problem is I plan to overnight the packet so USCIS would receive the application on Sept 13 meanwhile the signature and dates on the forms shows Sept 15th. Could this be a potential problem?

[Cheezees 1,514]

Initiating the application process is independent of the date of the final divorce decree. Sign and date the forms with the day the forms are actually signed.