Hi,

I have been reading all the posts relating to divorce and filing an I-751 waiver. I just need to clarify a few things that confused me.

My GC expires on 9/1/2007. I am leaving my wife in March and beginning the divorce process. I am concerned that I will not get a divorce decree in time to file my I-751. From what I understand, besides joint-filing, I have no other option but to finalize the divorce before filing. Is this correct?

If I get the decree and file everything before September, what happens while I am waiting for my 10yr GC? Can I still work after the expiration date on my 2yr GC? Do I get an automatic extension while I am waiting for approval?

Myself and my wife have been living in her parents basement since I came here. We don't have a lot of joint documents because we aren't renting or directly paying utility bills. We have a joint checking account, health insurance, auto insurance, and tax returns with our names on them. Does this sound like enough evidence for me to prove our marriage was legitimate? I'm really worried that I won't have enough proof. I don't want to go back home as I have nothing there.

Any advise regarding divorce would also be appreciated. I have no idea what I'm doing really, and I can't afford a lawyer.

Thankyou all in advance for your help.

Maybe asking Diddie mermaid can help! maybe theres some local catholic organizations in your area aswell that can help

Yes. In circumstances where the parties are spearating close to the I-751 filing deadline, they have two options. Either jointly file with the US citizen spouse, if he or she is amenable to doing such, or await the decree to file the waiver of the joint filing requirement.

The waiver of the joint filing requirement is nothing more than the same form I-751 with "d" checked to indicate that the alien is self-petitioning as a result of a bona fide marriage that has since been legally terminated. Naturally, all evidences to support that contention, and the divorce decree accompany form I-751. Once submitted, the alien should receive an NOA, acknowledging receipt by the Service, and extending the validity period of the expired conditional green card for another year. On this NOA, language to the effect that travel and work authorisation has been extended for a year will be featured. This is the alien's proof of status until the adjudication of the waiver is complete.

Tax returns showing you filed as married and shared the same home and really anything addressed to either of you at your joint residence can also be used. Library cards, driver's licences featuring the same home address, cell phone bills that show you both live in the same place.


As far as divorce process is concerned, it varies from state to state. What state do you reside in?

Thank you so much. This has clarified some of those little details that were worrying me. I really appreciate the info. I am in RI by the way.