90 days window open - About to separate

[cise 12]

Hello everyone,

 

My 2 year conditional green card is about to expire in Dec 2021. My 90 day window just opened. Me and my spouse are about to start living separately and will start the divorce process soon as well. Since we are still cordial with each other and care about one another, we will go the Summary Dissolution route.

 

My questions for you, which I'd SO appreciate the help on are:

1. Since we are not even separated yet, nor divorced, do we file jointly and then add in the Divorce Waiver later on?
2. I've tried looking up the Divorce Waiver examples where there hasn't been abuse, but I am unable to find any - Can anyone please link me?

 

Thank you all!

Edited September 15, 2021 by cise
Typo

[Happymallymute 50]

If you haven't even started the divorce proceedings in court, I would think that you do not qualify under the divorce category. 

 

As for divorce waiver examples, what are you looking for? I completed my ROC with divorce waiver for a mutual decision to divorce without abuse. What can I answer for you?

[da95826 387]

You can file i751 devorce waiver case anytime, you can not be too early or too late, so wait until you get your device started, once you have filed for the devorce submit a full i751 devorce waiver case. You will need proof of a bona fide marriage from the start of the marriage to your separation. You will eventually need a devorce decree to get your i751 approved, USCIS will send you an RFE for the decree well after you file without one.

 

Since you can file a i751 waiver case anytime so if you can get the decree even shortly after the green card expires that would be okay to file i751 waiver case then with the final devorce decree and proof of bona fide marriage.  It depends on how long a devorce takes to get in your state whether or not to file with a devorce decree.

Edited September 15, 2021 by da95826

[cise 12]

 

 

On 9/14/2021 at 10:42 PM, da95826 said:

You can file i751 devorce waiver case anytime, you can not be too early or too late, so wait until you get your device started, once you have filed for the devorce submit a full i751 devorce waiver case. You will need proof of a bona fide marriage from the start of the marriage to your separation. You will eventually need a devorce decree to get your i751 approved, USCIS will send you an RFE for the decree well after you file without one.

 

Since you can file a i751 waiver case anytime so if you can get the decree even shortly after the green card expires that would be okay to file i751 waiver case then with the final devorce decree and proof of bona fide marriage.  It depends on how long a devorce takes to get in your state whether or not to file with a devorce decree.

 

Thank you for this! So, you propose I wait until we start the process to apply for ROC? It should happen in the following month, so I will still be in my 90 day window.

In that case, under Marital Status section, question #13 asks this - If the marriage through which you gained conditional residence has ended, provide the date it ended (date of divorce or date of death) (mm/dd/yyyy) - Do they require the date of filing the actual documents to end the marriage or the date it has been finalized? Because we will definitely not be able to finish everything in the next two months.

 

Thank you!

[da95826 387]

6 hours ago, cise said:

In that case, under Marital Status section, question #13 asks this - If the marriage through which you gained conditional residence has ended, provide the date it ended (date of divorce or date of death) (mm/dd/yyyy) -

Until your devorce is final your marriage has not ended yet so no end date yet.

 

So here is the tricky part of your process, from NOLO....

If you cannot wait to file the I-751 until your divorce is final (as might be the case if the two-year deadline is about to expire or if you are already in removal proceedings), USCIS gives you a little bit of a break. USCIS will accept your I-751 without evidence of a final divorce, and then send you a "Request for Evidence" asking for the final divorce decree within 87 days.

 

Send in proof you have a devorce filed, estimated time you expect the devorce to be final along with all the good faith marriage proof from marriage to seperation.

 

So the later you wait to file the i751 waiver case the closer to the time you will have the devorse decree and the end date of your marriage. I would wait to file for as long as I could, unless you end up filing a i751 jointly (with spouse). 

 

If you wait until you have the decree then you could file your ROC waiver case then but that will be months after your green card expires, and you would have a gap in proof of your LPR status, but you would remain an LPR. You would not be able to travel out of the USA and you may have issues with your driver's license or starting a new job. 

 

USCIS will eventually act on your case if you don't file an i751 ROC and place you in removal but I don't think that would happen for months and months after your green card expires but I don't know how long so I can not advise you on how long after you green card expires is "safe" but I have seen some i751 filers file many months late without an issue. Your i751 waiver application is never late as long as you are a LPR.

 

I am not an immgration attorney or a devorce attorney you could seek advice from an experience immgration attorney on how to handle your case.

 

good luck

 

[HarryWL 262]

On 9/15/2021 at 1:13 AM, cise said:

Hello everyone,

 

My 2 year conditional green card is about to expire in Dec 2021. My 90 day window just opened. Me and my spouse are about to start living separately and will start the divorce process soon as well. Since we are still cordial with each other and care about one another, we will go the Summary Dissolution route.

 

My questions for you, which I'd SO appreciate the help on are:

1. Since we are not even separated yet, nor divorced, do we file jointly and then add in the Divorce Waiver later on?
2. I've tried looking up the Divorce Waiver examples where there hasn't been abuse, but I am unable to find any - Can anyone please link me?

 

Thank you all!

 

From my own personal experience, I filed for divorce in July 2020 and then applied to remove the conditions on my green card in September 2020. At that time, I didn't have the divorce decree because it wasn't finalized till October. Last month I receive the RFE for my waiver, and I sent off the decree. Now I'm just waiting for the interview to be scheduled. It's pretty common for divorce waivers to be approved outside of abuse. Marriages don't always last, the evidence you supply when you're removing the conditions on your green card is to show that your marriage was genuine, and that's what they're looking for with or without a divorce waiver. 

 

Personally if I was you, I'd start the divorce process now and file with a waiver. That way the evidence you're supplying reflects that your marriage was genuine, rather than your marriage is genuine. If you apply for a waiver later, you might have to gather up more evidence from the date of filing, to that of your eventual interview.