The proper time to file i751 waiver

[newyork1234 33]

13 hours ago, Kim and Jermaine said:

True! I agree, it wouldn't surprise me to know that they would advise you to do the most to perhaps frustrate you enough to hire attorney/pay for extra paperwork.

 

13 hours ago, Kiolas said:

I hate lawyers. They do not care about people, they care only about their own interest. 

 

@Loren Y gave you an excellent answer in case you want to chose the minimum amount of work. Of course, you can check as many options as you want - 1.d, 1.e, 1.g. etc. But keep in mind, you have to prove each of them. 

 

@newyork1234 I suggest you to read again what @Loren Y responded to you and think about what you want to do - the least amount of work or a lot of work. It is up to you.

 

 

thank you. you are right. I should move forward with the least amount of work.

Do you guys know what is the average amount of time to process the case from the day you filing to go interview?

In the case of processing time, is there any difference between joint 1751 and waiver i751? (I should submit it in Vermont center).

 

[Kim and Jermaine 28]

6 hours ago, newyork1234 said:

 

thank you. you are right. I should move forward with the least amount of work.

Do you guys know what is the average amount of time to process the case from the day you filing to go interview?

In the case of processing time, is there any difference between joint 1751 and waiver i751? (I should submit it in Vermont center).

 

I dont know if there will be a difference in the amount of time, but I think you should send your paperwork to whichever center serves your area. If the normal processing center transfers your case then so be it. Is Vermont the one that serves your area?

 

Right now, normal processing times are around 18 months.

Edited August 10, 2018 by Kim and Jermaine

[newyork1234 33]

On 8/10/2018 at 3:08 PM, Kim and Jermaine said:

I dont know if there will be a difference in the amount of time, but I think you should send your paperwork to whichever center serves your area. If the normal processing center transfers your case then so be it. Is Vermont the one that serves your area?

 

Right now, normal processing times are around 18 months.

yes, Vermont is the one serves my area. USCIS website says the average time for i751 in Vermont is 13.5 to 16 months. 

is there an database fro that?

so, how some people get it done in less than 6 months.

[newyork1234 33]

Ok guys

I called USCIS about filing i751 waiver, they said you don not have to wait until 90 days before expiration date of your conditional green card and you can file it any time after the divorce.

and today again I called USCIS to make sure all representatives saying the same things. Today, she said I cannot file it prior of 90 days and I have to wait till 90 days window arrive.

I am really confused. however I read in this forum that some people filed it prior to 90 days window. 

 I talked to several lawyers and some of them said you can file it now, and some other saying you have to wait.

I do not know who should I listen to.

 

[mindthegap 2,605]

They aren't known as the mis-information line for nothing.

 

Anyway, it is clearly stated in the I-751 instructions. 

You can file a waiver I-751 at any time between gaining permanent residence, and a final order of removal by an immigration judge. If you do not enclose the divorce decree when you file ,  at some point they will RFE you for it (may not be immediately) - and it cannot be approved without a final divorce decree.

[newyork1234 33]

18 minutes ago, mindthegap said:

They aren't known as the mis-information line for nothing.

 

Anyway, it is clearly stated in the I-751 instructions. 

You can file a waiver I-751 at any time between gaining permanent residence, and a final order of removal by an immigration judge. If you do not enclose the divorce decree when you file ,  at some point they will RFE you for it (may not be immediately) - and it cannot be approved without a final divorce decree.

thank you for the reply.

the only thing makes me mad is that even USCIS tier 1 representatives giving me different answers for the same question.

 

I already have the final divorce decree and trying to convince my lawyer that I can file i751 now , so I do not have to wait until 90 days window come up, but he says he knows the stuff better than me and asking me to wait until 90 days before expiration date.

I want to hurry up and file it before the administration make some crazy new rules for immigration. based on my understanding they do not like immigrants (in fact they hate immigrants) and trying to make the rules and regulation as tough as possible.

 

 

[Crazy Cat 42,320]

4 minutes ago, newyork1234 said:

thank you for the reply.

the only thing makes me mad is that even USCIS tier 1 representatives giving me different answers for the same question.

 

I already have the final divorce decree and trying to convince my lawyer that I can file i751 now , so I do not have to wait until 90 days window come up, but he says he knows the stuff better than me and asking me to wait until 90 days before expiration date.

I want to hurry up and file it before the administration make some crazy new rules for immigration. based on my understanding they do not like immigrants (in fact they hate immigrants) and trying to make the rules and regulation as tough as possible.

 

 

1.  Talk to another attorney

2.  Stop believing everything you hear from the anti-Trump media.....

Edited August 16, 2018 by missileman

[newyork1234 33]

1 minute ago, missileman said:

1.  Talk to another attorney

2.  Stop watching so much MSNBC

you are right, every day I am following MSNBC , google, fox, cnn .... stressing a lot.

cannot concentrate on my job and school anymore. 

my ex-wife used food stamp for a few months when she lost her job and now I realized based on the new proposal by the administration it is gonna impact me.

goodnessssss 😢

[Crazy Cat 42,320]

1 minute ago, newyork1234 said:

you are right, every day I am following MSNBC , google, fox, cnn .... stressing a lot.

cannot concentrate on my job and school anymore. 

my ex-wife used food stamp for a few months when she lost her job and now I realized based on the new proposal by the administration it is gonna impact me.

goodnessssss 😢

There is a LOT of speculation and misinformation out there right now......

[mindthegap 2,605]

1 hour ago, newyork1234 said:

thank you for the reply.

the only thing makes me mad is that even USCIS tier 1 representatives giving me different answers for the same question.

 

I already have the final divorce decree and trying to convince my lawyer that I can file i751 now , so I do not have to wait until 90 days window come up, but he says he knows the stuff better than me and asking me to wait until 90 days before expiration date.

I want to hurry up and file it before the administration make some crazy new rules for immigration. based on my understanding they do not like immigrants (in fact they hate immigrants) and trying to make the rules and regulation as tough as possible.

 

 

 

Not all attorneys are created equal. You do not have to convince your lawyer of anything - they work for you, not the other way around. If you aren't happy with how they are representing your best interests, then you have the option of dispensing with their services.

 

It VERY clearly states it in the current version of I-751 instructions HERE

 

 

 

 

Edited August 16, 2018 by mindthegap

[newyork1234 33]

15 hours ago, mindthegap said:

 

Not all attorneys are created equal. You do not have to convince your lawyer of anything - they work for you, not the other way around. If you aren't happy with how they are representing your best interests, then you have the option of dispensing with their services.

 

It VERY clearly states it in the current version of I-751 instructions HERE

 

 

 

 

I hope USCIS people also know they published the instruction saying "ANY TIME" to file i751 while the marriage is terminated.