Removing conditions on GC after divorce

[sknewyork1 2]

have a question about the timeline for the waiver I-751 waiver and the documentation required for it.

A little bit about my case. I was on f-1 then move to h1 after college. Dated USC girl for 5 years, then got married in sep 2008 and seperated in nov 2009 due to a lot of issues and looking to file for divorce now. Got the conditional GC in march 2009.

1. If I get divorced by march 2010, can I file a waiver right away?

2. If I file a waiver right away (march 2010 instead of waiting until december 2010), does USCIS give me an extension or will they actually hear my case before the end of two year period and issue or deny me a permanent GC right away? To clarify more, what I am asking is if I file a waiver, what are the different options that USCIS can come back with and how much time do they take?

3. If the Waiver gets rejected, then can I go back on my h1b visa, is there a high chance to that getting rejected?

Here is the list of documents I have gathered, please let me know if this is good. I really appreciate your responses.

Financial Evidence

Bank statements from Checking and Savings account:

Both printed out the “paperless statement” and copied the one received in the mail.

Copies of the joint chequebook

Copies from the joint chequebook of cheques written out to rent and parking

Copies of other mails received from bank addressed to myself and both of us

Copy of Joint Tax return from 2008

Copy of mine and wife's paystub with our address on it.

Living Together Evidence

4. Joint Lease from 2008

5. Rental insurance for the apartment

6. Auto Insurance for the car

7. HR workways printout showing wife as my dependent on my benefits

8. Cable Bill addressed to me

9. Phone bill addressed to me

10. Traffic Ticket gotten outside the apartment email and receipt

11. Evidence of furniture purchase

12. Tickets and bills from 2 trips taken together

13. Email from Landlord during the move

14. Pictures from last couple of years (Tons of them- before and after marriage)

Wedding and Reception Evidence

15. Reception Registry at Macys and Bed bath and Beyond

16. Emails with Photographer for the reception

17. Email from a friend asking for address to send invite to reception

18. All Reception pictures and some wedding pics are on the link above

19. Copy of Ring Appraisal bought

20. Reception guest list (informal)

Other Evidence

21. Cards given to me by wife

22. Receipts of Flower Deliveries sent to wife

23. Receipts of Gifts bought for wife

24. Both our facebook Pages images with Marital status showing married

25. Emails and chats from last 4 years with wife

27. Emails from Wife's family members and friends addressed to both of us

[Brother Hesekiel 2,235]

1) Yes. You should.

2) Yes. You'll get the NOA1 with implied extension quickly.

3) They won't deny you. But if they were, there's no way back to from LPR to reactivating your old H1B

Edited December 4, 2009 by Just Bob

[sknewyork1 2]

1) Yes. You should.

2) Yes. You'll get the NOA1 with implied extension quickly.

3) They won't deny you. But if they were, there's no way back to from LPR to reactivating your old H1B

Thanks a lot for your answer, that is very helpful.

Once i get the NOA1, Can the interview or NOA2 arrive quickly after that? I just dont want to wait a long time to find out about my permanent status.

As much as i appreciate it, Why would you be certain that they wont deny me? is it because of the documentation i have presented?

[Chica Yeyé 41]

The waiting times for Removal of Conditions are between 2 and 8 months right now. Check the time lines. For waiver filers, it might take a bit longer; but the extension letter gives you one year.

No one in this forum can guarantee you an approval/denial. No one. If they do so, they are lying.

Your documentation seems in order and your evidence looks quite nice as well. Best of luck

[sknewyork1 2]

The waiting times for Removal of Conditions are between 2 and 8 months right now. Check the time lines. For waiver filers, it might take a bit longer; but the extension letter gives you one year.

No one in this forum can guarantee you an approval/denial. No one. If they do so, they are lying.

Your documentation seems in order and your evidence looks quite nice as well. Best of luck

Thanks for the answer.

Just so i understand this correctly - Once i file the waiver, I will get an extension for an year but during the same year, they will look at my case and will probably decide on it in about 2-8 months so if i file the waiver in Jan 2010 and my case is approved, i should get my GC before the end of 2010?

[sknewyork1 2]

Can someone confirm.

Also can someone try to advise on the H1 issue?

[3600rs 24]

1. If I get divorced by march 2010, can I file a waiver right away?

yes, you can

2. If I file a waiver right away (march 2010 instead of waiting until december 2010), does USCIS give me an extension or will they actually hear my case before the end of two year period and issue or deny me a permanent GC right away? To clarify more, what I am asking is if I file a waiver, what are the different options that USCIS can come back with and how much time do they take?

A waiver filing extends your conditional card for a year. The 2 options the USCIS can come back with is either an approval or denial. So bottom line you have to plan your next move if a denial occurs.

3. If the Waiver gets rejected, then can I go back on my h1b visa, is there a high chance to that getting rejected?

Yes the H1B is maybe possible. You need a lawyer for more legal information. on this. A rejection will be based on a high degree of sham marriage. It happens.

Here is the list of documents I have gathered, please let me know if this is good. I really appreciate your responses.

Very good evidence

[sknewyork1 2]

thanks a lot for your answers