help needed!!

[sandy303 1]

Hiii,

 

If anyone has any advice about my question please feel free to share. so if you are divorced and you waited pretty much a year, the last 90 days period to file the I -751 is it still okay to travel? at the POE , the airport will you have any problem entering? there is no way to figure out if ex notified uscis about the divorce, so its like a 50-50 chance.   please share any experiences. thank youu. appreciate it

Edited February 2, 2018 by sandy303

[Khallaf 650]

1 minute ago, sandy303 said:

Hiii,

 

If anyone has any advice about my question please feel free to share. so if you are divorced and you waited pretty much a year, the last 90 days period to file the I -751 is it still okay to travel? at the POE , the airport will you have any problem entering? there is no way to figure out if ex notified uscis about the divorce, so its like a 50-50 chance.   please share any experiences. thank youu. appreciate it

as long as you are still a valid GC holder even with a pending I-751 you can still travel.

[sandy303 1]

7 minutes ago, Khallaf said:

as long as you are still a valid GC holder even with a pending I-751 you can still travel.

I havent filed my I 751 yet. i was just about to file after i go back to the US but im unsure if my ex notified them if we got divorced and if that could cause problems or not.

[Khallaf 650]

5 minutes ago, sandy303 said:

I havent filed my I 751 yet. i was just about to file after i go back to the US but im unsure if my ex notified them if we got divorced and if that could cause problems or not.

how long were you married?

and when did you divorce?

[sandy303 1]

4 minutes ago, Khallaf said:

how long were you married?

and when did you divorce?

a year. and i divorced almost a year ago.

[Khallaf 650]

5 minutes ago, sandy303 said:

a year. and i divorced almost a year ago.

was it a bitter divorce? so I assume you got here on a K1 married but divorce within that year, and it has been a year now and you are attempting to remove restrictions.

 

IMO you are best not to travel until after you have removed conditions. I know that in order to remove conditions your spouse would need to be with you, there is a divorce waiver or a way to file after a divorce but you must be able to prove that the marriage was entered in on good faith and just didn't work.

[Khallaf 650]

13 minutes ago, sandy303 said:

a year. and i divorced almost a year ago.

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

 

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from us telling you that you have failed to remove the conditions
• You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

Edited February 2, 2018 by Khallaf

[sandy303 1]

4 minutes ago, Khallaf said:

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

 

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
• You will receive a notice from us telling you that you have failed to remove the conditions
• You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

thank you for your comment. since i divorced a year ago but i havent filed the i 751 yet, i have the package put together, im bringing it back to the us with me and mail it off right away, but do you think can i have any problem at the airport? since i dont know if my ex notified them that we are divorced (abusive relationship, no communication ever since) im not sure if they know, but if they do will that cause any problem for me when i try to enter?

[Khallaf 650]

4 minutes ago, sandy303 said:

thank you for your comment. since i divorced a year ago but i havent filed the i 751 yet, i have the package put together, im bringing it back to the us with me and mail it off right away, but do you think can i have any problem at the airport? since i dont know if my ex notified them that we are divorced (abusive relationship, no communication ever since) im not sure if they know, but if they do will that cause any problem for me when i try to enter?

if your GC is still valid and it is not expired, he wouldn't be able to do anything. Simply reporting that you are no longer married isn't enough of a justification to force you out of the USA, you have the option to apply to remove conditions with a divorce waiver, but the burden of proof is on you to support that the marriage was entered in good faith, an if there is abuse you must prove that, police reports, witness statements, ECT...you need to make sure you have plenty of backed up evidence.

[sandy303 1]

2 minutes ago, Khallaf said:

if your GC is still valid and it is not expired, he wouldn't be able to do anything. Simply reporting that you are no longer married isn't enough of a justification to force you out of the USA, you have the option to apply to remove conditions with a divorce waiver, but the burden of proof is on you to support that the marriage was entered in good faith, an if there is abuse you must prove that, police reports, witness statements, ECT...you need to make sure you have plenty of backed up evidence.

okay thanks for your help. i was just scared cause i read somewhere that it could be a problem if the officer knows im divorced i wont be let back to the country cause i havent filed my i 751 right after the divorce and that im out of the status or the conditions that i got with the marriage or something. i did not know i had to file right away i knew i had the option but i ve been dealin a lot after the divorce and him harrassing etc 

[Khallaf 650]

2 minutes ago, sandy303 said:

okay thanks for your help. i was just scared cause i read somewhere that it could be a problem if the officer knows im divorced i wont be let back to the country cause i havent filed my i 751 right after the divorce and that im out of the status or the conditions that i got with the marriage or something. i did not know i had to file right away i knew i had the option but i ve been dealin a lot after the divorce and him harrassing etc 

you can't file the I-751 right away, you have to wait until 90 days before it is set to expire, if you wait past that time you will run into problems,.

 

I don't know who was trying to scare you but there is nothing they can do, they look to make sure your GC is still valid you answer your questions and then move past to re-enter. Just because you got here on fiance got married to be PR does not mean they know the story behind why the marriage failed, they don't care, only care your GC is still valid still making you legal to be in the USA

[sandy303 1]

4 minutes ago, Khallaf said:

you can't file the I-751 right away, you have to wait until 90 days before it is set to expire, if you wait past that time you will run into problems,.

 

I don't know who was trying to scare you but there is nothing they can do, they look to make sure your GC is still valid you answer your questions and then move past to re-enter. Just because you got here on fiance got married to be PR does not mean they know the story behind why the marriage failed, they don't care, only care your GC is still valid still making you legal to be in the USA

oh okay. to be honest this scared me off. : http://www.visajourney.com/forums/topic/341556-husband-didnt-inform-uscis-about-the-divorce/

[Khallaf 650]

9 minutes ago, sandy303 said:

oh okay. to be honest this scared me off. : http://www.visajourney.com/forums/topic/341556-husband-didnt-inform-uscis-about-the-divorce/

in no way shape or form does it state you must file right after a divorce, it says you are eligible to file right after and up until the 90 days prior to expiration of conditional green card

 

If you have a final order of divorce (or annulment) you are able to file Form I-751 at any point even if you aren't approaching the conditional green card expiration date. Ifyou are currently separated but your spouse is not willing to file an I-751 form you will have to petition alone

 

This waiver would allow you to file Form I-751 not only by yourself (without your former spouse) but also at any time after your divorce – whether before the expiration of your two-year green card or after, so long as you have not been deported (“removed”) from the United States. (In contrast, couples who file Form I-751 jointly are never allowed to file before the beginning of the 90-day period preceding the expiration of the two-year green card, and may be allowed to file after that period only if they are  excused  by extraordinary circumstances.)

Edited February 2, 2018 by Khallaf

[sandy303 1]

21 minutes ago, Khallaf said:

in no way shape or form does it state you must file right after a divorce, it says you are eligible to file right after and up until the 90 days prior to expiration of conditional green card

 

If you have a final order of divorce (or annulment) you are able to file Form I-751 at any point even if you aren't approaching the conditional green card expiration date. Ifyou are currently separated but your spouse is not willing to file an I-751 form you will have to petition alone

 

This waiver would allow you to file Form I-751 not only by yourself (without your former spouse) but also at any time after your divorce – whether before the expiration of your two-year green card or after, so long as you have not been deported (“removed”) from the United States. (In contrast, couples who file Form I-751 jointly are never allowed to file before the beginning of the 90-day period preceding the expiration of the two-year green card, and may be allowed to file after that period only if they are  excused  by extraordinary circumstances.)

i am in europe already.  i had to come home for medical reasons and now im returning to file I 751 divorce-abuse waiver.  but thanks i guess i shouldnt worry then. i didnt know  about the filinf opportunity right after the divorce i was focused on filing within the 90day window. so im hoping its not that nothings gonna happend and even if they were notified by my ex that we divorced a year ago and they see that i havent filed i 751 yet it wont be a problem and they wont tell me that i violated the conditions on my green card as i stayed there when i wasnt married anymore and i 751 wasnt filed. internet just freaks me out when i read about these. specifically th Topic i copied to you.

[Khallaf 650]

19 minutes ago, sandy303 said:

i am in europe already.  i had to come home for medical reasons and now im returning to file I 751 divorce-abuse waiver.  but thanks i guess i shouldnt worry then. i didnt know  about the filinf opportunity right after the divorce i was focused on filing within the 90day window. so im hoping its not that nothings gonna happend and even if they were notified by my ex that we divorced a year ago and they see that i havent filed i 751 yet it wont be a problem and they wont tell me that i violated the conditions on my green card as i stayed there when i wasnt married anymore and i 751 wasnt filed. internet just freaks me out when i read about these. specifically th Topic i copied to you.

I can understand just breath easy, sometimes information here isn't always correct but many of us try our best.

 

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