2-YR GC Expiring while Divorce Pending: What to do?

[fromthewater 11]

Hi there,

 

As my title, I am going through the divorce, and I anticipate it to take at least another 6 months to be finalised (if lucky.) However, my 2-year conditional GC is expiring and I have to file for I-751.

 

YES, I know there is a pinned thread about this topic talking about getting an extension in some way (still confused the exact steps.) But the last reply on that thread was made in 2013, so I made this post for the most up-to-date information (as you know how things have changed in immigration recently.)

 

I would really like to know -

1) how I should file for my I-751 while divorce is still pending? 

2) would I have to go through removal proceeding/ removal court to postpone it?

3) is it I-751 that I should file to get an extension, or is it something else?

4) once I get the extension, do I really only have "87 days" to provide my divorce decree as an RFE?

5) what happens if divorce is not finalised yet when the RFE is due?

 

Please help, and if I am missing anything else, please advise.

 

Thank you in advance.

Edited July 26, 2018 by pysbfintp

[Mollie09 1,543]

7 hours ago, pysbfintp said:

Hi there,

 

As my title, I am going through the divorce, and I anticipate it to take at least another 6 months to be finalised (if lucky.) However, my 2-year conditional GC is expiring and I have to file for I-751.

 

YES, I know there is a pinned thread about this topic talking about getting an extension in some way (still confused the exact steps.) But the last reply on that thread was made in 2013, so I made this post for the most up-to-date information (as you know how things have changed in immigration recently.)

 

I would really like to know -

1) how I should file for my I-751 while divorce is still pending? 

2) would I have to go through removal proceeding/ removal court to postpone it? Maybe.

3) is it I-751 that I should file to get an extension, or is it something else? Yes.

4) once I get the extension, do I really only have "87 days" to provide my divorce decree as an RFE? Yes.

5) what happens if divorce is not finalised yet when the RFE is due?

 

Please help, and if I am missing anything else, please advise.

 

Thank you in advance.

 

In my opinion, you should file with a divorce waiver because you are no longer together. File on the last possible day.

You will eventually (probably in over 6 months) get an RFE for the divorce decree. By then, hopefully you'll have it. If you don't, you'll have the 751 denied and will go before an immigration judge, which will further delay it. Then you should definitely have the decree.

[Villanelle 4,122]

If your divorce is pending and not final you can file jointly (if you want) or file under divorce waiver. When you file (whichever way) you will get a NOA extension letter for 1 year. 

 

Im going to assume you are going to file under divorce waiver. If you want info on what happens if you file jointly please post so..

 

When you file under the waiver but do not send a divorce decree because it hasnt happened yet its a pretty basic procedure. They get your packet and give it a basic check (fees included, signatures etc). If its ok to accept they will accept it and you will get a NOA. Then after some time (months) someone will actually pick up your packet and look at it. They will see the divorce decree is missing and send you an RFE. You will have 87 days to respond with the decree. If you dont have it send the RFE back stating so. If you do- send it in and wait to see if you get an interview or are approved w/o one.

 

If you didnt send the decree they will set you up for an interview. (this can also take week/months to occur). Go to the interview and if you have the decree you give it to them and they will approve/deny you. If you still dont have it the Officer has to 'technically' deny you and send you to court (months) where you present it. If you still dont have it at court the judge will give you time to obtain it.

 

I understand the pinned post on ROC is outdated. However there are many topics in this subforum about this. Browse through them.

[Marrienne 113]

I just filed with a final divorce. My immigration attorney told me NOT to file without the divorce being final. She said I had to refile when I got my divorce.
This of course goes against all the advice here, but I did follow it.

It was my USC husband who filed. He cheated on me, admitted it and filed for divorce. We petitioned the court to waive the 6 month waiting period (we have common children), due to my GC expiring. My divorce was final on July 6th, my GC expired on July 19th. I filed just days before the expiration with the waiver and the final divorce. Although technically I filed before my GC expired, it has been 3 weeks and I am still waiting on my NOA1. And my GC expired 2 weeks ago..

I wish I had headed the advice here and filed without the divorce included and then sent it in. In the end it might not make a difference after the NOA1 but for now, I am biting my nails waiting for it!!
Good luck!!

PS. So all in all I was divorced within 2 months. The judge granted the petition to expedite the divorce.

[TBoneTX 45,364]

7 hours ago, Marrienne said:

I am biting my nails waiting for it!!

Hope it comes soon.  Congratulations on the rapid divorce.

[VJVJ 0]

"I anticipate it to take at least another 6 months to be finalised (if lucky.)"
Why is it taking so long?