Help - Search - Members - Calendar
Full Version: divorced filed lifting conditions...
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

mooninlove
Hi! Just want to share my own experience..I filed my I-751 with a waiver meaning we're divorced and I filed it separately.It was filed after a yr (greencard's expired already at that time) due to the lengthy process of my divorce. So after I got my decree, I filed lifting of conditions August 2006.I also got remarried after. I received the NOA and BIO afterwards and I had RFE later around January 2007. The RFE is to give/explain to them on my own statement about the breakdown of my marriage. After sending it back, it took weeks and now I just got approved! I received 3 email notifications with my current status: CARD PRODUCTION ORDERED. It says there, they'll mail my new card in about 30 days. Overall, my lifting conditions with a waiver took 6 1/2 months to be processed.

I hope my experience will be a big help maybe for those who are in the same boat like me. Goodluck to all of you guys. see you on the naturalization forum next year. smile.gif
Aussielad
so you were approved after divorce filing to lift conditions??

Do you have a timeline for those others that are in the same situation, and what documents YOU ahd to support it.
mooninlove
QUOTE(Aussielad @ Feb 14 2007, 11:48 AM) *
so you were approved after divorce filing to lift conditions??

Do you have a timeline for those others that are in the same situation, and what documents YOU ahd to support it.


here's my timeline:
Nov 2005-conditional card expiration
Jul 2006- got the decree
Aug 2006- filed I-751
Aug 26- received NOA extension dated Aug18
Aug 28- biometric notice for 9/06/06
Sep 06- biometric appointment
Jan 03, 2007- RFE received
Jan 24- sent back RFE (detailed statement of marriage breakdown)
FEBRUARY 12---3 email notice from USCIS, current status: Card production ordered kicking.gif
Feb 13-- Touched!

Documents filed:
I-751 fee
Copy of I-551
Copy of decree
Joint ITR's
Life insurance certificate (beneficiary)
certificate of service (dependent)
Medical enrolment copy
ID's (DL, Military card)
bank statements
residential lease
Certificate of marriage
letters and photos
ordinary correspondence addressed to us
I-865 sponsor's change of address
affidavits from his mom, ex-husband and friends

I hope this helps although every case is treated differently.It was a legit marriage that unfortunately ended tru divorce.This is solely based on my experience.Ask legal help if you could. Goodluck to all of you. yes.gif
Sid and Nancy
Congrats on your approval! smile.gif
sleeplessinla
QUOTE(mooninlove @ Feb 14 2007, 03:30 PM) *
here's my timeline:
Nov 2005-conditional card expiration
Jul 2006- got the decree
Aug 2006- filed I-751
Aug 26- received NOA extension dated Aug18
Aug 28- biometric notice for 9/06/06
Sep 06- biometric appointment
Jan 03, 2007- RFE received
Jan 24- sent back RFE (detailed statement of marriage breakdown)
FEBRUARY 12---3 email notice from USCIS, current status: Card production ordered kicking.gif
Feb 13-- Touched!


So it seems you were out of status from Nov 2005 until August 2006. What did you do in the meantime? As you can't travel or work or anything when you're out of status. Also, i'm surprised that no removal proceedings were issued against you after you were out of status, I've always read that that's what they do.
mooninlove
QUOTE(sleeplessinla @ Feb 20 2007, 11:12 AM) *
QUOTE(mooninlove @ Feb 14 2007, 03:30 PM) *
here's my timeline:
Nov 2005-conditional card expiration
Jul 2006- got the decree
Aug 2006- filed I-751
Aug 26- received NOA extension dated Aug18
Aug 28- biometric notice for 9/06/06
Sep 06- biometric appointment
Jan 03, 2007- RFE received
Jan 24- sent back RFE (detailed statement of marriage breakdown)
FEBRUARY 12---3 email notice from USCIS, current status: Card production ordered kicking.gif
Feb 13-- Touched!


So it seems you were out of status from Nov 2005 until August 2006. What did you do in the meantime? As you can't travel or work or anything when you're out of status. Also, i'm surprised that no removal proceedings were issued against you after you were out of status, I've always read that that's what they do.



Well you can't file the I-751 with the waiver without the decree.There was a reason for not filing on time due to the divorce process I have to go through.I have them known of that situation for my failure to file on time which was not my fault but of the circumstances that's beyond my control.I got the decree around July, that's the only time I could file mine. smile.gif
diadromous mermaid
QUOTE(mooninlove @ Feb 21 2007, 05:12 PM) *
QUOTE(sleeplessinla @ Feb 20 2007, 11:12 AM) *
QUOTE(mooninlove @ Feb 14 2007, 03:30 PM) *
here's my timeline:
Nov 2005-conditional card expiration
Jul 2006- got the decree
Aug 2006- filed I-751
Aug 26- received NOA extension dated Aug18
Aug 28- biometric notice for 9/06/06
Sep 06- biometric appointment
Jan 03, 2007- RFE received
Jan 24- sent back RFE (detailed statement of marriage breakdown)
FEBRUARY 12---3 email notice from USCIS, current status: Card production ordered kicking.gif
Feb 13-- Touched!


So it seems you were out of status from Nov 2005 until August 2006. What did you do in the meantime? As you can't travel or work or anything when you're out of status. Also, i'm surprised that no removal proceedings were issued against you after you were out of status, I've always read that that's what they do.



Well you can't file the I-751 with the waiver without the decree.There was a reason for not filing on time due to the divorce process I have to go through.I have them known of that situation for my failure to file on time which was not my fault but of the circumstances that's beyond my control.I got the decree around July, that's the only time I could file mine. smile.gif


Acceptance of an untimely I-751 petition (waiver) is discretionary. The alien must demonstrate that failure to file the petition on time was due to no fault of his or her own. Of course, sometimes and dependent upon circumtances, removal orders may commence prior to the alien securing the necessary decree, and an NTA (Notice to Appear at a hearing) is issued, but in such instances the alien still has an opportunity to plead the bona fides of his or her petition to remove conditions when he or she appears before the IJ. It can get tricky when a decree is still not yet available for the hearing.
sleeplessinla
QUOTE(mooninlove @ Feb 21 2007, 05:12 PM) *
QUOTE(sleeplessinla @ Feb 20 2007, 11:12 AM) *
QUOTE(mooninlove @ Feb 14 2007, 03:30 PM) *
here's my timeline:
Nov 2005-conditional card expiration
Jul 2006- got the decree
Aug 2006- filed I-751
Aug 26- received NOA extension dated Aug18
Aug 28- biometric notice for 9/06/06
Sep 06- biometric appointment
Jan 03, 2007- RFE received
Jan 24- sent back RFE (detailed statement of marriage breakdown)
FEBRUARY 12---3 email notice from USCIS, current status: Card production ordered kicking.gif
Feb 13-- Touched!


So it seems you were out of status from Nov 2005 until August 2006. What did you do in the meantime? As you can't travel or work or anything when you're out of status. Also, i'm surprised that no removal proceedings were issued against you after you were out of status, I've always read that that's what they do.



Well you can't file the I-751 with the waiver without the decree.There was a reason for not filing on time due to the divorce process I have to go through.I have them known of that situation for my failure to file on time which was not my fault but of the circumstances that's beyond my control.I got the decree around July, that's the only time I could file mine. smile.gif


How did you let them know? Did you write a letter when you knew you were getting divorced? Divorce in California doesn't always take that long, does it?
I'm wondering how common the removal proceedings are and how long it generally takes before they start them.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.