Expired conditional Greencard

[Rica Alijid 0]

Hello, I came here fiancee visa got married and unfortunately me and my husband’s relationship didn’t work. He filed legal separation after 2yrs and i moved out of his house just last year. Now my problem is he didn’t help me file for my removal of condition and my greencard got expired yesterday. I told him I’ll just file self petition so he already filed a divorce, My question is, can i still file for a self petition even if my greencard is already expired? Thank you in advance ❤️

[SteveInBostonI130 3,432]

You will need a divorce certificate to file with the divorce waiver.

 

You can file it now without one but you will get an RFE to submit the certificate.  Depending on the timing of the divorce, if you don't get your certificate by the RFE due date, your petition can be denied.

[Rica Alijid 0]

1 minute ago, SteveInBostonI130 said:

You will need a divorce certificate to file with the divorce waiver.

 

You can file it now without one but you will get an RFE to submit the certificate.  Depending on the timing of the divorce, if you don't get your certificate by the RFE due date, your petition can be denied.

So i still can file even my greencard just expired yesterday February 12,2023? Is there a possibility to get approved? Thank you so much for answering 

[SteveInBostonI130 3,432]

Just now, Rica Alijid said:

So i still can file even my greencard just expired yesterday February 12,2023? Is there a possibility to get approved? Thank you so much for answering 

Yes, you can file.

 

Chances of approval are based on the evidence you submit.  You will need to show the marriage was entered in good faith but did not last due to the reasons of the divorce.  The divorce decree/certificate is key.

[Rica Alijid 0]

3 minutes ago, SteveInBostonI130 said:

Yes, you can file.

 

Chances of approval are based on the evidence you submit.  You will need to show the marriage was entered in good faith but did not last due to the reasons of the divorce.  The divorce decree/certificate is key.

Thank you so much ❤️❤️❤️

[Lil bear 4,181]

Moved to “Removing conditions on Greencard”

 

[Crazy Cat 41,812]

1 hour ago, Rica Alijid said:

Thank you so much ❤️❤️❤️

Please ask additional questions about this matter here in this thread.  You are now asking if you need an attorney, correct?

 

People have successfully filed Removal of Conditions without an attorney.   A consultation might be a good idea since these cases are usually scrutinized by USCIS.   As @SteveInBostonI130 stated, you will also need your final divorce decree to file the I-751 with a divorce waiver. 

 

Edited February 14, 2023 by Crazy Cat

[Crazy Cat 41,812]

1 hour ago, Rica Alijid said:

Thank you so much ❤️❤️❤️

Do you have a divorce attorney?

[mindthegap 2,589]

3 hours ago, Rica Alijid said:

So i still can file even my greencard just expired yesterday February 12,2023? Is there a possibility to get approved? Thank you so much for answering 

Yes,

As a solo filer (called a waiver, which is simply ticking the 'divorced' box on the form instead of jointly) you can file at any time, even after the expiry of the card. There are limits though, and it may bring further complications and scary letters, so you need to file it ASAP, like really ASAP.

 

A divorce waiver filing is identical to a joint filing - same evidence of a legit marriage required, same standard of proof - and a divorce is NOT a reason for denial. However, a waiver filing cannot be approved without being fully divorced. 

 

When will your divorce be final? This will dictate then specifics of when to file here. 

[Rica Alijid 0]

4 hours ago, mindthegap said:

Yes,

As a solo filer (called a waiver, which is simply ticking the 'divorced' box on the form instead of jointly) you can file at any time, even after the expiry of the card. There are limits though, and it may bring further complications and scary letters, so you need to file it ASAP, like really ASAP.

 

A divorce waiver filing is identical to a joint filing - same evidence of a legit marriage required, same standard of proof - and a divorce is NOT a reason for denial. However, a waiver filing cannot be approved without being fully divorced. 

 

When will your divorce be final? This will dictate then specifics of when to file here. 

He just filed a divorce last week so i think It will be fully done soon i just have to sign it. I’m confused about the divorce waiver filing? Is it the same form as the i751? Thank you

6 hours ago, Crazy Cat said:

Do you have a divorce attorney?

No, my ex husband has it.. he’s the one who filed the divorce just last week. 

[Rica Alijid 0]

7 hours ago, Crazy Cat said:

Please ask additional questions about this matter here in this thread.  You are now asking if you need an attorney, correct?

 

People have successfully filed Removal of Conditions without an attorney.   A consultation might be a good idea since these cases are usually scrutinized by USCIS.   As @SteveInBostonI130 stated, you will also need your final divorce decree to file the I-751 with a divorce waiver. 

 

I’m confused about the divorce waiver what is it? Is it a form that i need to put on the packet, where can i get a divorce waiver? Thank you.. 

[Crazy Cat 41,812]

11 minutes ago, Rica Alijid said:

I’m confused about the divorce waiver what is it? Is it a form that i need to put on the packet, where can i get a divorce waiver? Thank you.. 

The "Divorce Waiver" is a box on the I-751 which indicates the reason the Removal of Conditions is not a Joint filing:

 

[Rica Alijid 0]

On 2/14/2023 at 2:56 PM, Crazy Cat said:

The "Divorce Waiver" is a box on the I-751 which indicates the reason the Removal of Conditions is not a Joint filing:

 

Thank you so much for ur help