Removing conditions divorce waiver checklist

[BiAdam 22]

I'm in the same situation. My divorce started in March 2023, and it will DEFINITELY end in September. I filed with a waiver, as if my divorce was completed with an assumed date. I also wrote a personal statement about how my marriage ended. I shared a slip from the family court proving when I filed for divorce. In my personal statement and in my cover letter, explained that in CA summary dissolution takes exactly six months, and that I was going to share the final decree as soon as I get it. I filed in July 2023, my case is actively being reviewed for over a week now. 

[Adam2658 0]

Would I still be able to work legally while I wait for the I-751 application to be approved? My GC is set to expire this Sunday. Filed for my I-751 again last week with more proof of divorce procedure under way. Still waiting for I-751 approval. 

[Adam2658 0]

Would I still be able to work legally while I wait for the I-751 application to be approved? My GC is set to expire this Sunday. Filed for my I-751 again last week with more proof of divorce procedure under way. Still waiting for I-751 approval. 

[OldUser 6,981]

38 minutes ago, Adam2658 said:

Would I still be able to work legally while I wait for the I-751 application to be approved? My GC is set to expire this Sunday. Filed for my I-751 again last week with more proof of divorce procedure under way. Still waiting for I-751 approval. 

If you have an unrestricted social security card (no wording such as "Valid for work only with DHS authorization") you can show it along with valid driver license (or state ID) during I-9 verification.

[Adam2658 0]

3 minutes ago, OldUser said:

If you have an unrestricted social security card (no wording such as "Valid for work only with DHS authorization") you can show it along with valid driver license (or state ID) during I-9 verification.

 

My state ID has expired and I don't have a physical SSN on me

[jackiegringa 419]

2 minutes ago, Adam2658 said:

 

My state ID has expired and I don't have a physical SSN on me

You're still in status and authorized to work, however until you get the extension letter from your I-751 submission (should be in a couple of weeks, together with NOA) you won't have proof of it. So unless you're changing jobs right now, you're fine.

 

After you get your extension letter go renew your state ID and get a new SSN, it's better to have more than one way of proving you can work. Most people do not know how to deal with an expired green card so this will make your life easier.

[Adam2658 0]

4 hours ago, jackiegringa said:

You're still in status and authorized to work, however until you get the extension letter from your I-751 submission (should be in a couple of weeks, together with NOA) you won't have proof of it. So unless you're changing jobs right now, you're fine.

 

 

And how should I relay this information to my supervisors who know nothing about this or the procedure in general? 

[OldUser 6,981]

Just now, Adam2658 said:

 

And how should I relay this information to my supervisors who know nothing about this or the procedure in general? 

Print official SSA instructions

[jackiegringa 419]

40 minutes ago, Adam2658 said:

 

And how should I relay this information to my supervisors who know nothing about this or the procedure in general? 

If you already are at a job they are not allowed to request proof, which is another good thing to keep in the wallet. USCIS instructions for reverification and also the I-9 procedures can help clarify what they can or cannot ask of you. The SSA instructions that OldUser mentioned are also good.

Edited August 9, 2023 by jackiegringa

[Mike E 11,741]

1 hour ago, Adam2658 said:

 

And how should I relay this information to my supervisors who know nothing about this or the procedure in general? 

When you hired on, what I-9 documents did you show?

[Adam2658 0]

22 minutes ago, Mike E said:

When you hired on, what I-9 documents did you show?

 

I showed them my GC but that was a while ago

[OldUser 6,981]

24 minutes ago, Adam2658 said:

 

I showed them my GC but that was a while ago

Don't ever do it again. Only DL + SSN card

[Mike E 11,741]

2 hours ago, Adam2658 said:

 

I showed them my GC but that was a while ago

They are not permitted to re-verify a GC that was not expired at the time.

 

If they do fire you for having an expired GC, meet with an employment lawyer. A lawyer will gladly take this case on contingency. A 6 month severance payout should be easy to get.

 

I would love to be fired over this. 

[daboy 26]

Hey mate,

 

I recently went through the exact same situation - and got approved without an interview; so I thought I had to chime in.

  I filed with a divorce waiver right out of the gate even though I hadn’t even filed for divorce at that pint.  My ex was being difficult, and avoiding court service and I needed the extension letter.

I front loaded the application with extensive documented evidence and wrote a cover letter that referenced each piece I provided.  I also provided a letter explaining my situation, and that I was looking to file for divorce asap.
Fortunately my divorce didn’t take too long, so I took initiative and sent the divorce decree preemptively in the mail.  About a year later I got approved without interview.

From what I’ve read though, I think the better option would be to file married jointly in case an RFE comes in before the divorce is finalized, and then once the divorce is settled - switch to a waiver.

let me know if I can help with anything else

[Adam2658 0]

On 8/9/2023 at 2:29 PM, OldUser said:

Print official SSA instructions

 

Can someone tell me where exactly are these instructions? I've tried to look for them that fit my case specifically on the SSA website but couldn't find anything yet.