Jump to content
Sign in to follow this  
Surviver

I-751 waiver - I do not have the divorce yet

7 posts in this topic

Recommended Posts

Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:

Share this post


Link to post
Share on other sites
Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:

I ended up reading a lot about this in researching answers in another thread. Unfortunately, I don't think you'll be able to file the I-751 waiver yet.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

What if I Am in Divorce Proceedings, But Am Not Yet Divorced?

If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated.

Please see Immigration Policy and Procedural Memoranda, memo dated April 10, 2003 for more specific information.

The memorandum they talk about is here:

http://www.uscis.gov/files/pressrelease/CRwaiver041003.pdf

As such, an alien whose conditional resident status is approaching the 2-year anniversary of the grant of such status, but who is unable to file a joint petition to remove the conditions because divorce or annulment proceedings have commenced, may not apply for a waiver of the joint filing requirement based on the “good faith” exception. If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12).

In other words, you can't file the I-751 waiver until the divorce is final because you need the divorce decree. If you're placed in removal proceedings you can ask the judge for a continuance to wait for your divorce to be final. By then you'll probably have a copy of the divorce petition, endorsed by the court clerk, which you can show the judge to prove your divorce is pending.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

Are you working right now?

Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites

Yes, I am working...

Are you working right now?
Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:

Share this post


Link to post
Share on other sites

If you await a time after the expiry of your conditional green card in order to submit an application to remove conditions alone, you will effectively lose your ability to work, as once your card has expired and you are not able to extend the validity period of the green card by way of an NOA, then you would have difficulty showing your employer anything for re-verification purposes.

In cases like these, and if you can swing it, either consult with an attorney on his/her recommendations, or "wing it" with either:

1. Notifying your local office and Service Centre that you are in the throes of divorce and that it is scheduled for completion by such and such a date. This places USCIS on notice that you would submit a waiver before the deadline, were it not for the fact that you can't and that reason is through no fault of your own.

2. File a waiver NOW, citing that removal from the USA would pose "extreme hardship" for you, and withdraw that and replace it with the waiver citing good faith marriage that ended in divorce, when the divorce decree becomes available.

Once your application is received, you'll get an extension of the valdiity period for your green card, work authorised, incident to that status, and can then breathe more easily while you wait for the decree to be issued.

Yes, I am working...

Are you working right now?
Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites

What documentation do I have to send with my I-751 "extreme hardship" waiver ???

Once I get my final divorce decree...

How do I replace the "extreme Hardship" to bona fide??

If you await a time after the expiry of your conditional green card in order to submit an application to remove conditions alone, you will effectively lose your ability to work, as once your card has expired and you are not able to extend the validity period of the green card by way of an NOA, then you would have difficulty showing your employer anything for re-verification purposes.

In cases like these, and if you can swing it, either consult with an attorney on his/her recommendations, or "wing it" with either:

1. Notifying your local office and Service Centre that you are in the throes of divorce and that it is scheduled for completion by such and such a date. This places USCIS on notice that you would submit a waiver before the deadline, were it not for the fact that you can't and that reason is through no fault of your own.

2. File a waiver NOW, citing that removal from the USA would pose "extreme hardship" for you, and withdraw that and replace it with the waiver citing good faith marriage that ended in divorce, when the divorce decree becomes available.

Once your application is received, you'll get an extension of the valdiity period for your green card, work authorised, incident to that status, and can then breathe more easily while you wait for the decree to be issued.

Yes, I am working...

Are you working right now?
Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:

Share this post


Link to post
Share on other sites

You'd need to demonstrate sufficiently that removal from the USA would pose severe hardship upon you. Not just financial all though that could play a role, but that you would not be able to reassimilate. This is very difficult to demonstrate unless there is reason to believe that your life might be endangered in being forced to leave the country. That being said, this filing is simply to fill in the gap until you can replace it with a slef-petition based upon a bona fide marriage that terminated in divorce. Knowing that the first submission is likely not to hold water, it's important that you are expeditious in terminating the marriage so you can submit one that will pass muster. Supporting the assertion that the marriage was legitimate, you'd need to supply evidence that you shared a life together, lived together and commingled both social and financial lives.

What documentation do I have to send with my I-751 "extreme hardship" waiver ???

Once I get my final divorce decree...

How do I replace the "extreme Hardship" to bona fide??

If you await a time after the expiry of your conditional green card in order to submit an application to remove conditions alone, you will effectively lose your ability to work, as once your card has expired and you are not able to extend the validity period of the green card by way of an NOA, then you would have difficulty showing your employer anything for re-verification purposes.

In cases like these, and if you can swing it, either consult with an attorney on his/her recommendations, or "wing it" with either:

1. Notifying your local office and Service Centre that you are in the throes of divorce and that it is scheduled for completion by such and such a date. This places USCIS on notice that you would submit a waiver before the deadline, were it not for the fact that you can't and that reason is through no fault of your own.

2. File a waiver NOW, citing that removal from the USA would pose "extreme hardship" for you, and withdraw that and replace it with the waiver citing good faith marriage that ended in divorce, when the divorce decree becomes available.

Once your application is received, you'll get an extension of the valdiity period for your green card, work authorised, incident to that status, and can then breathe more easily while you wait for the decree to be issued.

Yes, I am working...

Are you working right now?
Hi!

I am on the 90days window to apply to my I 751 waiver but on the state that I live in I do not qualify for a divorce yet(not until October which by then My GC will be expired).

What kind of documentation can I attach to I-751 waiver to show that divorce is pending. I have few emails from my attorney, letters from my attorney to my ex-spouse attorney, a Marital separation agreement signed by me and my witness. Will that work?

Does anybody can help me?? :wacko:


"diaddie mermaid"

You can 'catch' me on here and on FBI.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×