I-751 Request for Evidence but no finalized divorced/no decree yet

[Sbrisa 44]

Good afternoon everyone.
I would like some advice regarding a very delicate situation that's happening to me and that apparently happened to some other people.
I filed for "Removal of conditions" on my 2 year Green Card back in October 2022. I filed for a waiver, having been separated from my husband since 5 months prior and in the process of completing a "Dissolution of Marriage", aka "No-fault Divorce". Unfortunately, due to various circumstances (eg. papers getting sent back from Court for corrections like 5-6 times, "ex" husband refusing to cooperate up until a couple of months ago, etc.) the RFE letter came in the mail last December and to this day we have yet not finalized our divorce. My deadline to submit the final divorce decree is March the 14th and I doubt we will have a court date before then. We are currently waiting for a hearing date and in the documents we submitted to Court, we stated that we wanted the final hearing to be the final date of our marriage, so if I understood correctly, our divorce would legally end that same day and we would have our decree?

Considering a miracle is definitely not going to happen, I have a few questions that I couldn't really find an answer to on other posts:
1. What is going to happen if I do not respond to the letter? It is specified they do not allow for extensions, so that is not a viable option. Can I still respond, explaining the circumstances and ask for them to wait? Should I respond even without the decree on hand or not do it at all cause it would be pointless, since I don't have what they need?
2. Will my petition be automatically denied? How does it work? Will I get a "Notice to Appear" in front of an immigration judge and hope to have my decree by then? How long will it take for them to send me this NTA after the RFE deadline has passed or between the denial notice and removal proceedings taking place?
3. Will they ask me to just re-file the petition, including the divorce decree this time or just deny it + NTA, cause I don't meet the criteria for the waiver anymore?
4. What happens to my PR status? Will I still be able to work? Will I still be able to travel? I have a wedding to attend to in June so I will need to fly domestically to another State, but will my Green Card still be valid? I have gotten a 48 months extention letter, so as long as I carry it along with my GC, it extends its validity until October 2024, but if they send me to removal proceedings will that void both my permission to work and travel? My passport is expired, I can't use that as a backup method.

I am at a loss. I don't know what to do and frankly I'm quite desperate. I'm afraid of losing everything I worked for for the past 4 years. I have a beautiful daughter with my "ex" husband that we effectively co-parent, I have a good job that is allowing me to go to college for free, I have my whole life here and this is causing me major distres cause I don't know what to expect nor what I can do to save myself from this.
My hope is that by the time they even reopen my file to look at it, I will have my divorce decree and hopefully I will able to get away with the missed RFE deadline, but I know that's just wishful thinking, hence why I'm asking for advice.

Thank you all in advance, from the bottom of my heart.

[Ontarkie 14,739]

~~Moved to ROC, form K1 P&P - as the OP is well past the K1 stage and trying to ROC~~

[OldUser 8,645]

Sorry you're going through this.

 

0. You remain a Lawful Permanent Resident until Immigration Judge takes it away from you. This means you continue having all benefits as GC holder until that moment. 

 

  On 2/19/2024 at 11:46 PM, Sbrisa said:

1. What is going to happen if I do not respond to the letter? It is specified they do not allow for extensions, so that is not a viable option. Can I still respond, explaining the circumstances and ask for them to wait? Should I respond even without the decree on hand or not do it at all cause it would be pointless, since I don't have what they need?
2. Will my petition be automatically denied? How does it work? Will I get a "Notice to Appear" in front of an immigration judge and hope to have my decree by then? How long will it take for them to send me this NTA after the RFE deadline has passed or between the denial notice and removal proceedings taking place?
 

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You should absolutely respond, explaining the situation. Even if denied, at least it shows the attempt to keep USCIS up to date. Keep record of what you sent them and proof of delivery. Perhaps you can ask your divorce attorney right a statement explaining the current state of things.

 

  On 2/19/2024 at 11:46 PM, Sbrisa said:

  
3. Will they ask me to just re-file the petition, including the divorce decree this time or just deny it + NTA, cause I don't meet the criteria for the waiver anymore?

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They won't ask or suggest anything. You have to be proactive and refile with waiver if current I-751 is denied.

  On 2/19/2024 at 11:46 PM, Sbrisa said:

4. What happens to my PR status? Will I still be able to work? Will I still be able to travel? I have a wedding to attend to in June so I will need to fly domestically to another State, but will my Green Card still be valid? I have gotten a 48 months extention letter, so as long as I carry it along with my GC, it extends its validity until October 2024, but if they send me to removal proceedings will that void both my permission to work and travel? My passport is expired, I can't use that as a backup method.

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Don't you have a driver's license? Especially if it's a real ID you can easily fly with that. Don't show GC anywhere unless you absolutely need to.

Also, make sure to renew your passport ASAP. What if you must travel overseas for emergency? Many countries allow renewing passport online.

 

No, if you're in removal you continue being an LPR as I mentioned in point #0.

Do not show GC to employer. Use Driver's License or state ID AND unrestricted Social Security card for I-9 verification. Employers cannot force you to show GC unless you don't have unrestricted  SS card and DL / state ID.

 

If you don't have a state ID or DL get them tomorrow.

If you don't have unrestricted SS card, go to SSA office tomorrow.

 

It's time to act fast. You can do it!

[Sbrisa 44]

  On 2/20/2024 at 2:46 AM, OldUser said:

Don't you have a driver's license?

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Unfortunately I only have my temp, that will expire later this April. I can’t afford to complete the course and obtain my full license due to literally having no money for further lessons and nobody that I can practice with on a daily basis. Instructors around here charge 150$ for two hours of practice only and it is not a sustainable cost for me at the moment. So basically I’ll lose my temp too in two months.

 

To renew my passport I’d have to go to Detroit and I can’t for the same reasons . I don’t even have a car, I couldn’t drive alone because of my temp/nobody could take me, and for the cost once again. The Expired Green Card + I-797 letter extension for 48 months is all I have as a valid document. 

What else can I use for a domestic flight? Is there any other type of ID that’s valid for travel? Do I need a driver’s license only or is there any other document valid for travel?

 

Also, I don’t have an immigration attorney…yet. I can’t afford ANYTHING right now, I’m barely scraping by, living paycheck to paycheck. Will have to rely solely on my tax return money, which will be late as usual cause my ex files super late every single year.

[OldUser 8,645]

  On 2/20/2024 at 3:07 AM, Sbrisa said:

What else can I use for a domestic flight? Is there any other type of ID that’s valid for travel? Do I need a driver’s license only or is there any other document valid for travel?

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State ID (Real ID) is good for flying 100%. Regular state ID may be also OK, but you have to check rules. If you can get Real ID, get that. It's relatively cheap and doesn't require passing any exams. You can typically apply for it at DMV.

 

You don't need any other document for flying domestically. 

 

 

[Sbrisa 44]

  On 2/20/2024 at 3:13 AM, OldUser said:

State ID (Real ID) is good for flying 100%

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Interesting. I thought only US citizens could get that form of ID but I must confuse it with the enhanced driver’s license.

I will get one from my DMV asap before my doom’s day. Thank you so much!

[OldUser 8,645]

  On 2/20/2024 at 3:21 AM, Sbrisa said:

Interesting. I thought only US citizens could get that form of ID but I must confuse it with the enhanced driver’s license.

I will get one from my DMV asap before my doom’s day. Thank you so much!

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Even people on non immigrant visas can get Real ID. Yes, you confuse it with enhanced DL.

[J.M. 285]

  On 2/19/2024 at 11:46 PM, Sbrisa said:

our divorce would legally end that same day and we would have our decree?

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The divorce is final as soon as the judge signs it.  You will not get an official copy of the signed decree until it is recorded by the court.  You might get a courtesy copy the same day, but a certified copy will only be available after it is recorded.  How long it takes to record depends on the particular court, but it will probably be days, not weeks.

[Sbrisa 44]

  On 2/20/2024 at 3:13 AM, OldUser said:

State ID (Real ID) is good for flying 100%. Regular state ID may be also OK, but you have to check rules. If you can get Real ID, get that. It's relatively cheap and doesn't require passing any exams. You can typically apply for it at DMV.

 

You don't need any other document for flying domestically. 

 

 

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UPDATE: I went to the BMV earlier today to request a Real ID, specifying it was for traveling domestically purposes. The employee told me he could not issue one to me without a valid passport. I honestly don't understand... on the BMV's website they have a checklist of documents you need to provide if you are a non-citizen and as per such requirements I provided: my temporary permit (which sadly expires tomorrow), my expired Green Card + I-797 extension letter from USCIS, two different bills and my SSN. The website's checklist confirmed I was gonna be eligible but still got denied and issued a standard ID, which is not valid for travel.
I called Southwest airlines to ask them about it and they told me to double-check with TSA, so I emailed them and waiting for response.
I'm panicking once again and wondering if I should go back to the BMV and talk to somebody else. I really do not understand.

[OldUser 8,645]

  On 4/19/2024 at 11:12 PM, Sbrisa said:

I'm panicking once again and wondering if I should go back to the BMV and talk to somebody else. I really do not understand.

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Do not panic. BMV / DMV employees are largely incompetent. However, can you paste link to checklist for real id? Does it ask for valid ID?

1) Go to BMV again, with printed checklist from their website and all required documents

2) Talk to an employee (try a different person and not the one who turned your request down)

3) If you end up getting turned down again - ask for their manager. Show all docs and explain how you're eligible

4) If manager doesn't help - go to BMV in neighboring town / city and try steps 1-3 there.

 

You also gotta think about the long term plan. Somehow you gotta save the money and renew your passport. Otherwise you cannot leave the US in case of emergency back in country of origin.

 

 

Edited April 19, 2024 by OldUser

[Sbrisa 44]

  On 4/19/2024 at 11:49 PM, OldUser said:

Do not panic. BMV / DMV employees are largely incompetent. However, can you paste link to checklist for real id? Does it ask for valid ID?

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https://dam.assets.ohio.gov/image/upload/publicsafety.ohio.gov/bmv2430.pdf This is the list of documents you may bring to get a Real ID. As you can see I had everything they requested and my passport was not necessary, since I had the extension letter (I-797) even though my GC was expired.
I've decided I am going to try with another BMV and if they give me the same answer I will have to be the Karen of the situation and speak to a manager. I'm going to bring the printed list I linked above, my birth certificate + translation, W2s and any other unexpired document they might want. I can't see why they'd refuse it if I'm following their own guidelines.
This is my completed checklist. I actually have more than what is required and I'm going to bring them this too.
Thank you again for your answer!

 

[OldUser 8,645]

  On 4/20/2024 at 2:59 PM, Sbrisa said:

https://dam.assets.ohio.gov/image/upload/publicsafety.ohio.gov/bmv2430.pdf This is the list of documents you may bring to get a Real ID. As you can see I had everything they requested and my passport was not necessary, since I had the extension letter (I-797) even though my GC was expired.
I've decided I am going to try with another BMV and if they give me the same answer I will have to be the Karen of the situation and speak to a manager. I'm going to bring the printed list I linked above, my birth certificate + translation, W2s and any other unexpired document they might want. I can't see why they'd refuse it if I'm following their own guidelines.
This is my completed checklist. I actually have more than what is required and I'm going to bring them this too.
Thank you again for your answer!

 

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I checked the doc you shared.

 

BMV should have taken I-797 for proof of legal presence and EAD for full legal name and date of birth. They cannot use GC as it is expired and checklist says unexpired GC.

 

So the issue is proving you are who you say you are, that's probably why the asked for a foreign passport to confirm personal details (that's another item from the list)

 

They were wrong to decline your EAD, did you bring it with you?

 

IMHO foreign birth certicate is not in the list, so probably won't be accepted.

Edited April 20, 2024 by OldUser

[Sbrisa 44]

  On 4/20/2024 at 3:33 PM, OldUser said:

 

They were wrong to decline your EAD, did you bring it with you?

 

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My EAD expired in 2021. I received it a week before my GC and became useless at that point.

[OldUser 8,645]

  On 4/20/2024 at 3:44 PM, Sbrisa said:

My EAD expired in 2021. I received it a week before my GC and became useless at that point.

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I see. In this instance BMV emlpoyees were correct. Looks like you need to get the passport replaced and it will solve a few problems at once.

[Sbrisa 44]

Unfortunately I won’t be able to renew it on time. I fly at the end of June and I’d have to get an appointment with the consulate, fly to Detroit and back and wait for it for I don’t know how long.

At this point I don’t know if I should just cancel the flight or what. TSA emailed back but the answer was very automatic.

They mentioned accepting government issues expired documents and my passport expired less than a year ago, in July.