Need help! i-751 divorce waiver. RFE time?

[tomatomato 0]

Hi all, so here's my situation.

 

My conditional green card is expiring in a few days and am planning to submit i-751 alone with good faith marriage, divorce waiver. The problem is, our divorce is not finalized yet. In fact, I just filed for divorce this morning. The reason why I waited this long is my husband told me that he's going to sign my i-751 jointly, but now the time has come, he's refusing to sign nor being cooperative at all. I live in California, even if I initiated the divorce process, I still need to 'serve' the paperwork to him, if he doesn't respond within 30 days, then the divorce will be finalized in 6 month (this is best scenario, but I doubt that this would be the case...)

 

My question is, if I file i-751 alone with divorce waiver without a divorce decree, how long does it take for me to get RFE from USCIS? Also will I still get NOA (temporary 1 year extension of the status)? I do have enough evidence to prove that our marriage was bona-fide, we dated for 6 years, married for a little over 2 years.

 

Has anyone being or went through similar situation as I am? Any inputs would be greatly appreciated. Thanks guys! 

[mindthegap 2,605]

You don’t need a final divorce decree to file with a waiver. You must have the decree for it to be approved, but not to file in the first place.

 

 

[tomatomato 0]

10 minutes ago, mindthegap said:

You don’t need a final divorce decree to file with a waiver. You must have the decree for it to be approved, but not to file in the first place.

 

 

I'm aware of that. I'm wondering how long will it take for them to send me the RFE because I know they give 87 days to submit the decree but in my case, I won't be able to get it within that time frame

[mindthegap 2,605]

Such is the backlog, I can't see them contacting you about it quickly.

I personally never received an RFE for my divorce decree after I informed them - it just went straight to interview (albeit after a ridiculous amount of time).

 

If they do send you an RFE quickly and you can't submit it in the required time, then you will be in the same position as if you filed it after expiry - in other words you would receive a scary letter of denial, but you will still be able to present the decree at a later date, to an immigration judge if necessary, who is the only one who can terminate your status as a LPR.

 

 

 

 

[tomatomato 0]

On 3/2/2018 at 7:43 PM, mindthegap said:

Such is the backlog, I can't see them contacting you about it quickly.

I personally never received an RFE for my divorce decree after I informed them - it just went straight to interview (albeit after a ridiculous amount of time).

 

If they do send you an RFE quickly and you can't submit it in the required time, then you will be in the same position as if you filed it after expiry - in other words you would receive a scary letter of denial, but you will still be able to present the decree at a later date, to an immigration judge if necessary, who is the only one who can terminate your status as a LPR.

 

 

 

 

Thanks for the info. So did you bring your divorce decree to the interview? 

 

My soon-to-be ex is not being cooperative at all causing so much headaches. I'm just hoping to get this divorce finalized as soon as possible. Fingers crossed. 

[avania 29]

I filed an uncontested divorce and judge signed it in 36 days. I’m extremely shocked but happy it went through so fast.

 

i had filed my removal of conditions paperwork before I got the divorce decree, I sent it in after