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Filing as divorced

By FloridaLady in Removing Conditions on Residency General Discussion

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FloridaLady Newbie

FloridaLady   0

Posted
Timeline
Posted

Hi there! First of all, thank you all for any help and support. I came to the US with my (now ex-)husband, whom I married and got a Greencard through the marriage. Now it's shortly before the expiration of my 2-year-Greencard and we unfortunately divorced just now. Apart from the emotional turmoil I am considering staying in the US by myself. 

 

As I understand the documents, I can file the removal of conditions (= the extension of my 2-year-Greencard to the 10 year one) even as divorced. I will of course add all the documentation that we were a real couple, with a joint bank account, joint tax filing, joint apartment lease, even marriage counseling. My divorce is made final tomorrow, July 14th, and I hope to get the document for that soon thereafter. 

 

Now I'm planning to file for the removal of conditions as soon as I have the divorce document, realistically sometime until end of July. My Greencard expires end of September. 

 

I know that I'll be getting that letter with the provisional Greencard that extends my status for the duration of the process, which is currently 18 months.

 

Is this a realistic timeline? Am I missing anything? I just want to make sure this plan is feasible. And I hope I'll have success even though we're divorced?

 

Thank you so much!

TBoneTX Grand Master

TBoneTX   45,900

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the K-3 Case Progress subforum to the Removing Conditions forum, which is the topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Canerican Rising Star

Canerican   242

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
5 hours ago, FloridaLady said:

Hi there! First of all, thank you all for any help and support. I came to the US with my (now ex-)husband, whom I married and got a Greencard through the marriage. Now it's shortly before the expiration of my 2-year-Greencard and we unfortunately divorced just now. Apart from the emotional turmoil I am considering staying in the US by myself. 

 

As I understand the documents, I can file the removal of conditions (= the extension of my 2-year-Greencard to the 10 year one) even as divorced. I will of course add all the documentation that we were a real couple, with a joint bank account, joint tax filing, joint apartment lease, even marriage counseling. My divorce is made final tomorrow, July 14th, and I hope to get the document for that soon thereafter. 

 

Now I'm planning to file for the removal of conditions as soon as I have the divorce document, realistically sometime until end of July. My Greencard expires end of September. 

 

I know that I'll be getting that letter with the provisional Greencard that extends my status for the duration of the process, which is currently 18 months.

 

Is this a realistic timeline? Am I missing anything? I just want to make sure this plan is feasible. And I hope I'll have success even though we're divorced?

 

Thank you so much!


If your processing goes beyond the 18 months and you need to travel you can make an appointment and get an I-551 stamp in your passport. If you switch jobs during this time or even after your letter expires you do not have to present your expired green card and extension letter, you can present a DL and unrestricted social security card. Hope this helps. 

 

 

N400 - Naturalization                                                                                                        U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                  Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                         Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled       Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                        Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

After 8 years of marriage divorced October 4, 2021

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

  • 4 weeks later...
FloridaLady Newbie

FloridaLady   0

Posted
Timeline
  • Author
Posted (edited)

Thanks in advance again! Just asking to make sure: 

 

In the document, it says as divorced I can file 'any time' before the end of my Greencard, which is end of September. Do you guys think it's ok to file the removal of conditions on Sept 8th? I'm currently out of the country and will be back then. Or is this too late? What could happen? 

 

 

IMG_1724.jpg

Edited by FloridaLady
mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
On 8/4/2020 at 12:03 PM, FloridaLady said:

Thanks in advance again! Just asking to make sure: 

 

In the document, it says as divorced I can file 'any time' before the end of my Greencard, which is end of September. Do you guys think it's ok to file the removal of conditions on Sept 8th? I'm currently out of the country and will be back then. Or is this too late? What could happen? 

 

 

IMG_1724.jpg

Yes if you divorce, you can technically file I751 at any time and not just within the 90 day window. Are you able to file earlier? I only say that because you have to account for delivery time and the time it takes for USCIS to record your I751 as "filed" and to send you your extension letter. For most people, it's looking like their extension letters are dated about 1-2 weeks after acceptance. Just to be on the safe side, mailing your packet ASAP is the best bet.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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