still waiting on uscis

[dalimhamdi 1]

me and my wife we decide to break up and move on and i still waiting for my green card to come the question is do i still okay to get my green card or i need to hire a lawyer

[Redro 4,611]

15 minutes ago, dalimhamdi said:

me and my wife we decide to break up and move on and i still waiting for my green card to come the question is do i still okay to get my green card or i need to hire a lawyer

How did you enter the US (what type of visa)? 

When did you get married?

When did you file for adjustment?

Your profile says K3 but you posted in removing conditions forum... 

Have you received a 2 year green card or are you still waiting for your first green card? 

 

 

Edited July 9, 2023 by Redro

[dalimhamdi 1]

i came with CR1 visa i come to america in 2019 and i had the first GC and now i still waiting on the 10 years GC 

[Redro 4,611]

Just now, dalimhamdi said:

i came with CR1 visa i come to america in 2019 and i had the first GC and now i still waiting on the 10 years GC 

So, once you divorce you will send USCIS proof of divorce and switch to divorce waiver. 

You do not have to do anything until you have the divorce paperwork in hand. 

Hopefully they will approve your I-751 soon without interview. 

Are you and your wife still on friendly terms? 

[Dashinka 24,635]

When did you file the I751?  Is the divorce final?

Edited July 9, 2023 by Dashinka

[Crazy Cat 41,984]

1 hour ago, dalimhamdi said:

me and my wife we decide to break up and move on and i still waiting for my green card to come the question is do i still okay to get my green card or i need to hire a lawyer

 It would help if you filled in your timeline properly.  Thanks.  

[JeanneAdil 6,581]

Thanks , the timeline does help

You are ok to stay in US 

Helps if u have  a place to live  and a job

if there is no joint property or children in the divorce ,just consult with divorce attorney as the only grounds for divorce in your state is  An irretrievably broken marriage / there is no need to hire one in Nebraska but read the Nebraska divorce rules at the site below

 

https://www.nebraskalegalgroup.com/faq/what-are-the-nebraska-divorce-laws/#:~:text=An irretrievably broken marriage is,denial by the other party.

 

U say "wait on green card" so have u interviewed for the ROC?

if not,  take the divorce papers to that interview with proofs u entered the marriage in good faith

 

 

[Mike E 11,741]

2 hours ago, dalimhamdi said:

i came with CR1 visa i come to america in 2019 and i had the first GC and now i still waiting on the 10 years GC 

Have either your wife or you filed for divorce?

[dalimhamdi 1]

3 hours ago, Mike E said:

Have either your wife or you filed for divorce?

not yet we just going to move out 

[Crazy Cat 41,984]

4 minutes ago, dalimhamdi said:

not yet we just going to move out 

When did you file the I-751?  2021?

Edited July 9, 2023 by Crazy Cat

[dalimhamdi 1]

i file by mistake first time i90 and then they make me wait for one year and then they said it's wrong and i file the right form i751 last january 

[Mike E 11,741]

1 minute ago, dalimhamdi said:

not yet we just going to move out 

Cool.

 

If she moves, she needs to file I-865.

 

If you move, you need to file AR-11.

 

If you both move, she needs to file I-865 and you need to file AR-11.

 

This way, if your I-751 is approved before you file for divorce, you cannot be accused of misrepresentation.

 

Once either of you file for divorce, IMHO you must notify USCIS that you want to amend your I-751 to a divorce waiver, and you should include a copy of your divorce filing and extension letter. Then get divorced as fast as possible.

[Dashinka 24,635]

1 hour ago, dalimhamdi said:

i file by mistake first time i90 and then they make me wait for one year and then they said it's wrong and i file the right form i751 last january 

So you are only 5-6 months into the I751 process.  Follow the instructions @Mike E mentioned, and deal with the relationship situation right now, and if it is beyond repair, file for divorce.  Once the divorce is finalized, you can contact USCIS and change your I 751 to a divorce waiver.

 

Good Luck!

[TeddyFazBear 69]

4 hours ago, Mike E said:

Once either of you file for divorce, IMHO you must notify USCIS that you want to amend your I-751 to a divorce waiver, and you should include a copy of your divorce filing and extension letter. Then get divorced as fast as possible.

 

This is something there is still so much disagreement on, even amongst attorneys it seems. Some people wait until they have the decree to send it all and notify USCIS at that time...others notify USCIS immediately then wait for the decree later on.

 

Last thing I read on an attorneys blog on this subject was it comes down to how much evidence you sent in with the 751 initially, if you sent a tonne of evidence supporting a bonafide marriage then you will be fine at citizenship time and will be no problems if you wait for the decree...if not, then you may need help when and if it comes to N400 time. But overall, Mikes advice is solid.

 

Good luck!

 

[Boiler 45,733]

5 minutes ago, TeddyFazBear said:

 

This is something there is still so much disagreement on, even amongst attorneys it seems. Some people wait until they have the decree to send it all and notify USCIS at that time...others notify USCIS immediately then wait for the decree later on.

 

Last thing I read on an attorneys blog on this subject was it comes down to how much evidence you sent in with the 751 initially, if you sent a tonne of evidence supporting a bonafide marriage then you will be fine at citizenship time and will be no problems if you wait for the decree...if not, then you may need help when and if it comes to N400 time. But overall, Mikes advice is solid.

 

Good luck!

 

The problem is some I 751's are being approved without interview which can put you in a horrible position if you wish to naturalise.