Recent divorce finalized, when to submit?

[capriwithlove 4]

Hi there,

 

I unfortunately was divorced from my husband as of recently and I've heard I need to file a I751 with the filing joint waived. Do I indeed file it now or within the 90 day window before the expiry on the green card as per usual?

Also, I'm of course very nervous I'll get denied. Any tips for evidence that it was legitimate? I know it's hard to say if they'll approve.

 

Thanks so much in advance!

[H-M 169]

25 minutes ago, capriwithlove said:

Hi there,

 

I unfortunately was divorced from my husband as of recently and I've heard I need to file a I751 with the filing joint waived. Do I indeed file it now or within the 90 day window before the expiry on the green card as per usual?

Also, I'm of course very nervous I'll get denied. Any tips for evidence that it was legitimate? I know it's hard to say if they'll approve.

 

Thanks so much in advance!

If your divorce has been finalized, you can file the I-751 petition now or anytime before your 2yr GC expires. The 90-day period requirement does not apply for divorce waiver petitions. As per the I-751 instructions:

 

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751
without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were
battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional
resident status and before you are removed from the United States.

 

Edited January 21, 2019 by H-M

[capriwithlove 4]

41 minutes ago, H-M said:

If your divorce has been finalized, you can file the I-751 petition now or anytime before your 2yr GC expires. The 90-day period requirement does not apply for divorce waiver petitions. As per the I-751 instructions:

 

2. Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751
without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were
battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional
resident status and before you are removed from the United States.

 

So as long as you file before then, the interview itself doesn't have to be before then? Because what happens if they can only schedule the interview AFTER the green card expires?

[H-M 169]

8 minutes ago, capriwithlove said:

So as long as you file before then, the interview itself doesn't have to be before then? Because what happens if they can only schedule the interview AFTER the green card expires?

After filing the I-751 petition, you will receive a receipt notice (NOA1) extending your current GC by another 12 or 18 months.

When your interview is scheduled would depend on the processing time of the USCIS service center handling your case and your local field office. And depending on the circumstances of your case, you may or may not qualify for interview waiver.