The proper time to file i751 waiver

[newyork1234 33]

please someone help me with this question. I am really frustrated. Different lawyer giving me different information.

I am in  my conditional GC and was supposed to file for i751 in November 2018. but a month ago me and my US citizen wife got divorce and the divorce decree is issued now. I heard from Visajurney people  that I can file i751 as soon as I get my divorce decree and do not have to wait until 90 days before the GC expiration date. my lawyer told me I can file i751 now, but I just called USCIS and they told me regardless of being still married or divorced, I have to wait until 90 days before expiration date.

please some clear me.

[Crazy Cat 42,320]

If your divorce is final, you can file for ROC before the 90 day window.

[newyork1234 33]

2 minutes ago, missileman said:

If your divorce is final, you can file for ROC before the 90 day window.

yes , divorce decree is final . So, you mean i can file it now. cause the 90 days window will start from November 2018.

[gregcrs2 1,778]

42 minutes ago, newyork1234 said:

please someone help me with this question. I am really frustrated. Different lawyer giving me different information.

I am in  my conditional GC and was supposed to file for i751 in November 2018. but a month ago me and my US citizen wife got divorce and the divorce decree is issued now. I heard from Visajurney people  that I can file i751 as soon as I get my divorce decree and do not have to wait until 90 days before the GC expiration date. my lawyer told me I can file i751 now, but I just called USCIS and they told me regardless of being still married or divorced, I have to wait until 90 days before expiration date. 

please some clear me.

You have to wait 90 days before expiration date.  You are not entitled to special treatment for getting divorced!

[Crazy Cat 42,320]

15 minutes ago, newyork1234 said:

yes , divorce decree is final . So, you mean i can file it now. cause the 90 days window will start from November 2018.

Yes, you can file prior to the 90 day window with a properly created waiver.  You should expect extra scrutiny, so consulting your attorney might be a good thing...

 

This attorney agrees:

 

https://www.avvo.com/legal-answers/when-to-file-i-751-waiver---if-marriage-ends-in-di-1509528.html

[Amadia 711]

You can file for RoC when your 90-day window begins. So, include your divorce decree in your packet and select the option on the form that you will be filing alone.

You will need to select the following option:

 

 

[Amadia 711]

6 minutes ago, gregcrs2 said:

You are not entitled to special treatment for getting divorced!

I do not believe that the OP's intention was to get special treatment but simply to get information on the accurate filing window.

[NikLR 13,232]

3 minutes ago, gregcrs2 said:

You have to wait 90 days before expiration date.  You are not entitled to special treatment for getting divorced!

This is incorrect. 

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

Quote

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.

 

 

[Crazy Cat 42,320]

7 minutes ago, gregcrs2 said:

You have to wait 90 days before expiration date.  You are not entitled to special treatment for getting divorced!

 

2 minutes ago, Amadia said:

You can file for RoC when your 90-day window begins. So, include your divorce decree in your packet and select the option on the form that you will be filing alone.

You will need to select the following option:

 

 

If the divorce is finalized, he can file I-751 with a waiver before the 90 window begins.

[gregcrs2 1,778]

20 minutes ago, gregcrs2 said:

You have to wait 90 days before expiration date.  You are not entitled to special treatment for getting divorced!

I stand corrected.  

[newyork1234 33]

8 minutes ago, gregcrs2 said:

I stand corrected.  

someone did apply before 90 days start:

 

[newyork1234 33]

is Adultery considered as ABUSE?

[Kiolas 103]

12 minutes ago, newyork1234 said:

is Adultery considered as ABUSE?

@newyork1234 Yes, it is. You are eligible for VAWA. As others stated earlier, you do not have to wait until November, 2018. You can file now.

[newyork1234 33]

thank you all for the information,.

 

 

[Villanelle 4,122]

NO- adultery is NOT considered abuse.

 

Also on VJ "VAWA" refers to the 360 form to get a greencard. The correct terminology is "751 abuse waiver" rather then VAWA