Divorced - Next steps

[Brit_C 21]

Hi

 

I found some information - but just want to check for clarity. I have sent through 8 pages in this section and still unsure.

 

Background - Married in 2018 (came on a k1 Visa from the UK). It didn't work out (he was abusive - although police were called once - no reports filed as at the time i still wanted it to work.). Filed for divorce based on irreconcilable differences, and it was made final January 2020.

 

So I know that I need to file Form I 751.

What else do i need to file?

 

I also read that I have to do it in the 90 days period before my current 2 year visa expires (which is April).  Is this right, as i also read something about anytime 6 months prior or is this relating to something else?

 

Lastly - A lot of proof of evidence I used in my initial interview - can I use some of this?

Our interview was in March 2019, and we separated July 2019. We did go to counseling in July - but I asked him to arrange it - so i don't have any receipts or have any information of the office. But i have receipts of a vacation in June and pictures.

We lived with his mother - so no joint lease. Our cars I paid cash - so nothing on that - but I did have him on my car insurance until he was removed this year.

 

 

 

 

 

 

[carmel34 3,633]

So sorry that your marriage ended, that's always a difficult experience to go through.  For removal of conditions, It's pretty straightforward, just follow the form and its instructions on the USCIS website very carefully.  You'll check divorced for marital status and put the date your divorce was finalized.  For Part 3, check box 1d, and include a copy of your official, court-certified and signed divorce decree (all pages), with all the other required and recommended documents stated on the I-751 instructions.  You'll need evidence that your marriage was entered into in good faith, it sounds like you have some of those documents from your adjustment of status interview and forms filed for that process, plus any other evidence you have since then.  You can file now, since you are divorced, there is no need to wait for the 90 day window.  Good luck!

Edited September 20, 2020 by carmel34

[Brit_C 21]

2 minutes ago, carmel34 said:

So sorry that your marriage ended, that's always a difficult experience to go through.  For removal of conditions, It's pretty straightforward, just follow the form and its instructions on the USCIS website very carefully.  You'll check divorced for marital status and put the date your divorce was finalized.  For Part 3, check box 1d, and include a copy of your official, court-certified and signed divorce decree (all pages), with all the other required and recommended documents stated on the I-751 instructions.  You'll need evidence that your marriage was entered into in good faith, it sounds like you have some of those documents from your adjustment of status interview and forms filed for that process, plus any other evidence you have since then.  You can file now, since you are divorced, there is no need to wait for the 90 day window.  Good luck!

Thank you so much!

And is it within the 90 day period?

 

And it definitely sucks, but counseling really helped during the end of the marriage and after.

[carmel34 3,633]

41 minutes ago, Brit_C said:

Thank you so much!

And is it within the 90 day period?

 

And it definitely sucks, but counseling really helped during the end of the marriage and after.

You can file right now, no need to wait for the 90 day window as it doesn't apply in your case, only for those who are still married and are filing jointly.  See below, copied directly from the I-751 instructions,.  You fall under the second category (bold added for emphasis):

 

When Should I File Form I-751?
1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90-day period
immediately before your conditional residence expires.
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.