HELP, REQUEST OF EVIDENCE FOR DIVORCE UNTIL JULY 20!

[goldie 0]

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

[diadromous mermaid 36]

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

[goldie 0]

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

No, its more complicated.. I sent the I-751 last december, then got a extention for a year after acceptance. They accepted it even thought I had only the official separation agreement and not the final divorce, because in NC you have to wait one year for divorce. So I thought all is fine and I got enough time within the year to get my divorce. But then I kinda "woke up" the sleeping lions, because I didnt get an appointment for my daughter for going to Biometrics like i did and I called service center about it because I payed for my daughters Biometrics as well and her card expires in july... well, they couldnt help me and sent me for an infopass appointment but they coulldnt help me eighter and just informed the USCIS... I hoped to get finally the appointment for my daughter to get her Biometrics and extension letter as well, but no.... all I got was this awfull letter where they write me, "Request of evidence" the final divorce is missing and I have to submitt it latest by july 20 or I will be put under removal... no word about my daughters situation..... it sucks... and I am scared...... it is not my fault that NC has a year separation time! And is not my fault eighter that my soon to be ex was a complete jerk! Am sorry..........thanks

[diadromous mermaid 36]

I can't remember your exact circumstances, so please fill in the blanks for me.

Did you send a waiver I-751 in December? If so, did you check box "d" only, or did you also check the box that indicates that you would suffer extreme hardship if removed from the USA?

Aliens are often under the impression that they can only mark one ground for a waiver, when in fact, they can use all that apply.

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

No, its more complicated.. I sent the I-751 last december, then got a extention for a year after acceptance. They accepted it even thought I had only the official separation agreement and not the final divorce, because in NC you have to wait one year for divorce. So I thought all is fine and I got enough time within the year to get my divorce. But then I kinda "woke up" the sleeping lions, because I didnt get an appointment for my daughter for going to Biometrics like i did and I called service center about it because I payed for my daughters Biometrics as well and her card expires in july... well, they couldnt help me and sent me for an infopass appointment but they coulldnt help me eighter and just informed the USCIS... I hoped to get finally the appointment for my daughter to get her Biometrics and extension letter as well, but no.... all I got was this awfull letter where they write me, "Request of evidence" the final divorce is missing and I have to submitt it latest by july 20 or I will be put under removal... no word about my daughters situation..... it sucks... and I am scared...... it is not my fault that NC has a year separation time! And is not my fault eighter that my soon to be ex was a complete jerk! Am sorry..........thanks

Edited June 13, 2009 by diadromous mermaid

[goldie 0]

I can't remember your exact circumstances, so please fill in the blanks for me.

Did you send a waiver I-751 in December? If so, did you check box "d" only, or did you also check the box that indicates that you would suffer extreme hardship if removed from the USA?

Aliens are often under the impression that they can only mark one ground for a waiver, when in fact, they can use all that apply.

goldie,

Is the deadline for submission of your I-751 July 20, 2009?

I don't know what to do, so closed to get my divorce, in 3 days my 1 year separation is over and I can file for divorce, but i am afraid I dont have enough time to submitt the divorce papers until july 20!! To go to court and get the divorce is not that fast....and my ex might even ask for an extention.... the letter from immigration sates, if I dont submitt the evidence, I will be put in removal... oh my God.. and I have built up a life here with my little daughter.... any ideas or advise what I could do? Thanks so much....

No, its more complicated.. I sent the I-751 last december, then got a extention for a year after acceptance. They accepted it even thought I had only the official separation agreement and not the final divorce, because in NC you have to wait one year for divorce. So I thought all is fine and I got enough time within the year to get my divorce. But then I kinda "woke up" the sleeping lions, because I didnt get an appointment for my daughter for going to Biometrics like i did and I called service center about it because I payed for my daughters Biometrics as well and her card expires in july... well, they couldnt help me and sent me for an infopass appointment but they coulldnt help me eighter and just informed the USCIS... I hoped to get finally the appointment for my daughter to get her Biometrics and extension letter as well, but no.... all I got was this awfull letter where they write me, "Request of evidence" the final divorce is missing and I have to submitt it latest by july 20 or I will be put under removal... no word about my daughters situation..... it sucks... and I am scared...... it is not my fault that NC has a year separation time! And is not my fault eighter that my soon to be ex was a complete jerk! Am sorry..........thanks

Nope, I HAD to check only one! Before I tried to check to, included the extrem hardship one, but they have sent me the petition back with the remark, I can only check ONE..... so I decided to try the dirovce one, because I knew I will get it, earlyer or later... and I was lucky they accepted the petiton even without the final divorce.. well, guess not so lucky after all now.......

Thanks

[rika60607 215]

A good choice would be to contact a divorce lawyer and explain that you need everything done lightning speed.

To file for divorce, you do not need to accumulate 1 year of separation, you can file any time.

Further, separation in lawyer language does not have to be from the time when you moved out.

You can claim that separation started from the time when you no longer shared bed and your relationship was hostile.

If your spouse chooses to delay divorce proceedings, at least you will be able to send USCIS a copy of accepted divorce petition and may be even a court date. USCIS may give you an extension, seeing that the divorce is in progress.

As the worst case scenario, if you start your divorce now, it will be completed by the time they place you in removal proceedings. Which means that when time comes for you to go in front of immigration judge - you will have a set of proper documents on your hands.

Good luck!

(and don't panic!)

[JimVaPhuong 4,863]

A good choice would be to contact a divorce lawyer and explain that you need everything done lightning speed.

To file for divorce, you do not need to accumulate 1 year of separation, you can file any time.

Further, separation in lawyer language does not have to be from the time when you moved out.

You can claim that separation started from the time when you no longer shared bed and your relationship was hostile.

Unfortunately, the law is different in every state, and the OP is correct about divorce law in North Carolina.

The only two grounds for divorce in North Carolina are 1 year separation, or your spouse is insane (the insanity ground is available in most "no fault" states, but very rarely used). Separation cannot simply be when they were no longer sharing a bed. They must live in different residences. This is the law in North Carolina.

http://www.ncbar.org/public/publications/p...eSeperation.pdf

If your spouse chooses to delay divorce proceedings, at least you will be able to send USCIS a copy of accepted divorce petition and may be even a court date. USCIS may give you an extension, seeing that the divorce is in progress.

As the worst case scenario, if you start your divorce now, it will be completed by the time they place you in removal proceedings. Which means that when time comes for you to go in front of immigration judge - you will have a set of proper documents on your hands.

Good luck!

(and don't panic!)

This part I agree with, and it's certainly worth a try.

[diadromous mermaid 36]

rika60607 is correct about the fact that you would have a chance for the application to be adjudicated before the IJ in any removal hearing, and chances are all would be fine at that point, but for peace of mind in the meantime, it's worth a quick consult with an immigration attorney (familiar with waiver cases) to determine the best way to respond to the RFE on time so as not to trigger any removal action and to alert USCIS that failure to provide a copy of the decree is through no fault of your own.

[rika60607 215]

Ouch! NC is strict!

I still would hope that it is possible in NC to file for divorce before the separation period is over.

Unfortunately, the law is different in every state, and the OP is correct about divorce law in North Carolina.

The only two grounds for divorce in North Carolina are 1 year separation, or your spouse is insane (the insanity ground is available in most "no fault" states, but very rarely used). Separation cannot simply be when they were no longer sharing a bed. They must live in different residences. This is the law in North Carolina.

http://www.ncbar.org/public/publications/p...eSeperation.pdf

[JimVaPhuong 4,863]

Ouch! NC is strict!

I still would hope that it is possible in NC to file for divorce before the separation period is over.

Unfortunately, the law is different in every state, and the OP is correct about divorce law in North Carolina.

The only two grounds for divorce in North Carolina are 1 year separation, or your spouse is insane (the insanity ground is available in most "no fault" states, but very rarely used). Separation cannot simply be when they were no longer sharing a bed. They must live in different residences. This is the law in North Carolina.

http://www.ncbar.org/public/publications/p...eSeperation.pdf

Nope. Can't even file for the divorce until the 1 year separation is completed.

However, even though North Carolina is a "no fault" divorce state, it IS possible to force a legal separation with grounds, including abandonment, abuse, drugs or alcohol, and adultery. This is called a "Divorce from Bed and Board", though it doesn't actually terminate the marriage. There are advantages to seeking this sort of separation, including the loss of inheritance rights by the spouse who committed the injury.

[goldie 0]

Ouch! NC is strict!

I still would hope that it is possible in NC to file for divorce before the separation period is over.

Unfortunately, the law is different in every state, and the OP is correct about divorce law in North Carolina.

The only two grounds for divorce in North Carolina are 1 year separation, or your spouse is insane (the insanity ground is available in most "no fault" states, but very rarely used). Separation cannot simply be when they were no longer sharing a bed. They must live in different residences. This is the law in North Carolina.

http://www.ncbar.org/public/publications/p...eSeperation.pdf

Nope. Can't even file for the divorce until the 1 year separation is completed.

However, even though North Carolina is a "no fault" divorce state, it IS possible to force a legal separation with grounds, including abandonment, abuse, drugs or alcohol, and adultery. This is called a "Divorce from Bed and Board", though it doesn't actually terminate the marriage. There are advantages to seeking this sort of separation, including the loss of inheritance rights by the spouse who committed the injury.

Yeah, you guys where all right about the 1 year separation. Today is exactly one year over with me, so the law sais it has to be 1 year and one day... so from tomorrow I could file, and I guess I will, even if I have to pay again alot of money to my lawyer, beacuse my ex will definitly not file, even though he still has to pay our health insurance of over $ 400 a month, and that should hurt.. oh well.. he wants to safe at least the expenses with the divorce... all I can hope now, is to receive the divorce decree withn the next 30 days, or my chances are over and I have to go to immigration court, I guess... crazy law.... but what to do... thanks for all your support!!!