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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hey Everyone,

I just recently found out that I can only file my I-751 after my divorce is final and I have the decree. Me and my husband didn't work out and are getting divorced we are still on good terms, just not right for eachother. My card expires on 06/17/2008 and if we start the paperwork for divorce right now it will take 5 to 9 months to get the decree(thanks alot Massachusetts) because this state is slow with these. What I need to know is if I can get an extension so that I can file when I do in fact have the divorce decree. I heard about a I-551 would that work in my situation? Any help would be much appreciated I'm pretty stuck here and my immigration lawyer is no help I will be firing him because I seem to know more then he does.

Thanks so much!

Jen

Posted

I don't believe that you can have an extension for the I-751. If you and your spouse are still on good terms you could file together if you are still married. Or you will be put into deportation status after your card expires. I was told that if the divorce proceedings were not clomplete but started that you could explain this to the judge and at that time they might give you an extension. Good luck

July 4, 2003 Met in Ontario

June 30, 2004 Adam asked me to marry him.

Sept 6, 2004 Sent in I-129F to Nebraska

Sept 20, 2004 NOA 1

Dec 29 2004 APPROVED

Jan 6, 2005 NOA 2

Mar 24, 2005 Interview 9am in Montreal APPROVED

June 29, 2005 Move date

Aug 20, 2005 We Are Married in a beautiful oudoor ceremony in our back yard with about 100 guests

Sept. 8, 2005 AOS, EAD and AP Applications sent to Chicago

Sept 18, 2005 Resent as we made one check out wrong.

Sept 29, 2005 Reciepts for AOS EAD and AP

Dec 12, 2005 AP approved today via email

Dec 18, 2005 received AP in the mail

Dec 21-27, Home for Christmas

Jan 18, 2006 Biometrics in Detroit

Jan 27, 2006 EAD card received

April 4, 2006 AOS Interview in Cleveland OH APPROVED

June 19, 2006 Started Full-time employment.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I don't believe that you can have an extension for the I-751. If you and your spouse are still on good terms you could file together if you are still married. Or you will be put into deportation status after your card expires. I was told that if the divorce proceedings were not clomplete but started that you could explain this to the judge and at that time they might give you an extension. Good luck

Thank you for your answer. We can't file joint because I am moving out on Sunday and I'm sure that would look very suspicious to the USCIS. We will have filed by the time I have to appear before a judge so I will have the proof. I can't believe there is no other way that is unbelievable. I don't know what I am going to do if I get kicked out my whole life is here now I even signed a 1 year lease. Thanks again.

Jen

Posted
I don't believe that you can have an extension for the I-751. If you and your spouse are still on good terms you could file together if you are still married. Or you will be put into deportation status after your card expires. I was told that if the divorce proceedings were not clomplete but started that you could explain this to the judge and at that time they might give you an extension. Good luck

Thank you for your answer. We can't file joint because I am moving out on Sunday and I'm sure that would look very suspicious to the USCIS. We will have filed by the time I have to appear before a judge so I will have the proof. I can't believe there is no other way that is unbelievable. I don't know what I am going to do if I get kicked out my whole life is here now I even signed a 1 year lease. Thanks again.

Jen

Even though u are seperated u are still classified as being married you just have to put different addresses. Consult with a Immigration attourney to see if this would be correct though.

I know exactly what you mean about you life now being here. I moved here on a K-1 from Canada also my family and children are still there and i do travel to see them one weekend a month. But when I left i left a career of 18 years, sold my home etc. It would be very hard to go back and start all over again, I know i wouldn't have a job like i did and would not be able to support myself or children there on a minimum wage job. I consider Ohio home now.

Good Luck and keep in touch

July 4, 2003 Met in Ontario

June 30, 2004 Adam asked me to marry him.

Sept 6, 2004 Sent in I-129F to Nebraska

Sept 20, 2004 NOA 1

Dec 29 2004 APPROVED

Jan 6, 2005 NOA 2

Mar 24, 2005 Interview 9am in Montreal APPROVED

June 29, 2005 Move date

Aug 20, 2005 We Are Married in a beautiful oudoor ceremony in our back yard with about 100 guests

Sept. 8, 2005 AOS, EAD and AP Applications sent to Chicago

Sept 18, 2005 Resent as we made one check out wrong.

Sept 29, 2005 Reciepts for AOS EAD and AP

Dec 12, 2005 AP approved today via email

Dec 18, 2005 received AP in the mail

Dec 21-27, Home for Christmas

Jan 18, 2006 Biometrics in Detroit

Jan 27, 2006 EAD card received

April 4, 2006 AOS Interview in Cleveland OH APPROVED

June 19, 2006 Started Full-time employment.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I don't believe that you can have an extension for the I-751. If you and your spouse are still on good terms you could file together if you are still married. Or you will be put into deportation status after your card expires. I was told that if the divorce proceedings were not clomplete but started that you could explain this to the judge and at that time they might give you an extension. Good luck

Thank you for your answer. We can't file joint because I am moving out on Sunday and I'm sure that would look very suspicious to the USCIS. We will have filed by the time I have to appear before a judge so I will have the proof. I can't believe there is no other way that is unbelievable. I don't know what I am going to do if I get kicked out my whole life is here now I even signed a 1 year lease. Thanks again.

Jen

Even though u are seperated u are still classified as being married you just have to put different addresses. Consult with a Immigration attourney to see if this would be correct though.

I know exactly what you mean about you life now being here. I moved here on a K-1 from Canada also my family and children are still there and i do travel to see them one weekend a month. But when I left i left a career of 18 years, sold my home etc. It would be very hard to go back and start all over again, I know i wouldn't have a job like i did and would not be able to support myself or children there on a minimum wage job. I consider Ohio home now.

Good Luck and keep in touch

I just found out I can't do that because my intent is to get divorced. What are my chances of getting deported if I wait until they make me see a judge if I have more then enough proof I married in good faith and the ONLY reason the I-751 was not filed is because i don't have the divorce decree yet?

Thanks,

Jen

 
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