Stay while Pending ROC I-751 Divorce

[Someone12345 0]

Hi, I'm filling out the divorce from my husband - US Citizen -, and I currently hold the 2y green card that will expire on Jul18'. I moved to the US on a K1 visa and moved my entire life here, I'm well adapted here, have a job and friends here. I'll get through this pain of divorcing...

 

Anyway, once I have the divorce decree on hand and fill the I-751 ROC individually, can I stay in the US while it's processing or do I need to leave the country, in case I don't have the ROC all done by Jul18?

Other question is... would it be possible to fill out for the I-751 prior to having the divorce decree?? 

[KULtoATL 1,551]

Yes you can remain in the US while your ROC is pending If your ROC is not approved yet and you do not get your new GC by July 2018, I think USCIS will send you an extension letter and/or you can make an infopass appointment at your local USCIS office to get a I-551 stamp in your passport.

 

ETA: You can probably file the I-751 before getting your divorce decree but they'd RFE you to ask for it. You only get a certain amount of time to respond to RFE so maybe it's better to file after getting the divorce decree. But of course, I hope you get your divorce decree way before the 90 days window for your I-751 filing. On this point, let's wait for those who know better to give you proper advice

Edited September 17, 2017 by KULtoATL

[Someone12345 0]

Thank you for your response. I read that the ROC is taking up to 12 months to process... When in the process would I get an RFE for the divorce decree?

 

I filled for divorce this week and my husband got served. Trying to expedite things so I can carry on with my life. The pain of the breakup is enough hurt, and he's trying to make me suffer as much as possible.

[Villanelle 4,122]

The rules are quite simple.

 

You can file for ROC up to 90 days before your card expires. You must file by the date on the card. We call this the "window opening"/ So your window is 90 days prior to whatever date is on your card.

 

IF you have a special situation (like divorce) it allows you to open the window at any time. But you must be divorced (not in process of divorce) for you to be able to do this.

 

So you can file as soon as you have the final decree OR wait until your 90 day window opens. If the window opens at that time and you dont have the decree yet you would send in what you have. But you can not open the window sooner unless you have the decree.