What happens after 87 days if I do not have final divorce decree

[Leslie B. 1]

I was wondering what happens if I file for divorce late (right before adjudication), or my spouse does not show up for the interview, or whatever the case may be. What happens if I refile I-751 with the divorce waiver, but I do not have enough time to receive my final divorce decree. Does that mean that I will be deported or do I still have any options? 

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from Bringing Family of USC - As similar topics are talked about here.~~

[Villanelle 4,122]

It sounds like you submitted a joint ROC petition and are now separated. If so you should notify USCIS of the separation.It can make problems if you are approved (with out interview) on a joint petition when you are separated and fail to tell them.

 

When you notify them or it otherwise comes to their attention that you are in the process of a divorce they will RFE you for your divorce decree. If you dont have it to give to them they will administratively deny your ROC and you will have to go to immigration court. There you will show your decree. The courts will give you time to produce it. Some people only need a few weeks some people need a year or more. You dont necessarily need an attny for immigration court but it is recommended to get one as the court procedures can be difficult.