ROC I-751. Divorce waiver. Returned too early?

[AJMurray93 0]

Hi guys,

 

I'll make this quick. I immigrated January 2016. Lived alongside my wife for a year. Find out she cheated. Got my divorce finalized April 2017. Anyway, my understanding was that as soon as you get divorced you can send in the I-751 form with evidence of a bona fide marriage outside of the 90 day window. So, I sent it earlier this month (May 2017) and just today I got my package returned with a cover letter saying I filed too early.

 

So, is this the case, and do I now have to wait until I am within the 90 day window? This would be September 2017 in my case.

 

All answers will be greatly appreciated.

 

Thanks,

 

Andrew

[Andocjourney 2]

1 hour ago, AJMurray93 said:

Hi guys,

 

I'll make this quick. I immigrated January 2016. Lived alongside my wife for a year. Find out she cheated. Got my divorce finalized April 2017. Anyway, my understanding was that as soon as you get divorced you can send in the I-751 form with evidence of a bona fide marriage outside of the 90 day window. So, I sent it earlier this month (May 2017) and just today I got my package returned with a cover letter saying I filed too early.

 

So, is this the case, and do I now have to wait until I am within the 90 day window? This would be September 2017 in my case.

 

All answers will be greatly appreciated.

 

Thanks,

 

Andrew

When is your green card expired? You can caculate 90 days to your green card expiration day. 

[Shauneg 762]

1 hour ago, AJMurray93 said:

Hi guys,

 

I'll make this quick. I immigrated January 2016. Lived alongside my wife for a year. Find out she cheated. Got my divorce finalized April 2017. Anyway, my understanding was that as soon as you get divorced you can send in the I-751 form with evidence of a bona fide marriage outside of the 90 day window. So, I sent it earlier this month (May 2017) and just today I got my package returned with a cover letter saying I filed too early.

 

So, is this the case, and do I now have to wait until I am within the 90 day window? This would be September 2017 in my case.

 

All answers will be greatly appreciated.

 

Thanks,

 

Andrew

Why would you think a divorce rewards you with a 10 year green card early?

[Hypnos 6,578]

9 minutes ago, Shauneg said:

Why would you think a divorce rewards you with a 10 year green card early?

Because that's what the instructions indicate.

 

I-751 instructions, page 1, "When should I file Form I-751?"

 

"You may file Form I-751 without your spouse if... you are divorced... You may file this petition at any time after you are granted conditional permanent resident status".

 

OP, I''d suggest re-submitting your I-751, together with a print-out of the page I indicated, perhaps highlighting the section which I mentioned that allows you to file early.

Edited May 21, 2017 by Hypnos

[AJMurray93 0]

Just now, Hypnos said:

Because that's what the instructions indicate.

 

I-751 instructions, page 1, "When should I file Form I-751?"

 

"You may file Form I-751 without your spouse if... you are divorced... You may file this petition at any time after you are granted conditional permanent resident status".

 

OP, I''d suggest re-submitting your I-751, together with a print-out of the page I indicated, perhaps highlighting the section which I mentioned that allows you to file early.

I wonder if anyone has been in a similar position. That's why I was confused when my package was returned to me!

[Hypnos 6,578]

It's their mistake, not yours--assuming you checked the correct box under your application type (indicating that you wanted to file under a waiver of the joint filing requirement).

[AJMurray93 0]

Just now, Hypnos said:

It's their mistake, not yours--assuming you checked the correct box under your application type (indicating that you wanted to file under a waiver of the joint filing requirement).

I did. Is there any point even re-submitting it? Should I just wait until the 90 days out? Is it worth my while calling USCIS? So frustrating!

[Hypnos 6,578]

I would re-submit if it were me.

[NikLR 13,232]

~~moved to ROC from IR1/CR1 progress reports~~

 

FWIW I completely agree with Hypnos. 

[f1660114 18]

Did you send the divorce decree along with the package? You said your divorce finalized in April 2017, did you mean that you got an official judgment to give you single status in that month? Or just your divorce petition was finalized in that month?

[Peace of mind 1]

On 5/20/2017 at 9:08 PM, Andocjourney said:

When is your green card expired? You can caculate 90 days to your green card expiration day. 

As soon as you divorce yes you can send stuff ! I did my waiver it got approved after interview. I filed February 2016 interview notice came August 2017 , interview date sep 22nd ! Card production notice October 5th