I-751 Waiver Questions and Traveling

[desertblue88 0]

Hey Guys,

Been on the board a long time. Haven't really posted much. But love reading all the helpful answers that you give to so many people here

that come from different walks of life with all kinds of different situations.

Before I start with my question I just wanted to give some credit to a few posters here namely, JustBob, Okalian, v333k, Yurika & Jim, Darnell, JimVaPhuong, latoslatos that I see lots and lots of day in and day out helping fellow immigrants on their hard path which is sometimes filled with uncertainties, worries, and much more. Your work as well as all the other VJ members that I haven't mentioned are definitely appreciated by the community!

Now I have a few questions I hope you guys can help me with. I have done a lot of research over the past few weeks but definitely would love some reassurance and expert advice from people who have been through what I am going through

Brief background. I have known my wife since early 2006. I came over in 2008, married that same year and adjusted in the beginning of 09. Our marriage has since fallen apart for a multitude of irreconcilable differences and serious issues that have made reconciliation very hard to accomplish. I have filed the divorce documents and everything should be final by October, November. My card won't expire until Beginning of 11.

My main question is. Although I have filed for Divorce, I would like to go back home for a week or two to visit my parents since I haven't been back in a while and I kinda need some moral support through the process. But I am a bit worried how that would effect me entering again in the United States. I understand I am a permanent resident regardless of if it's conditional or not. But I am wondering if in my situation if this changes anything. I did call US Customs told them my scoop. told him I am currently a CF1 but in the process of divorce due to the issues we had. And the officer said. Well. You should be fine, but I would think twice about going for a visit.

Now I understand CIS doesn't automatically know things are falling apart. But my thing is, if they ask where my Wife is at the POE (and they do like to do that from what I have heard), I will be honest and let them know that once it is final I will be filing the I-751 waiver. Do you guys think that everything in general should be fine conditional card or not given the circumstances?

Also, in addition, once the divorce is final, I will be submitting the following evidence:

- Family pictures throughout our relationship and marriage (Pre and Post AOS)

- My PR Card (Copy)

- Copy of Drivers Licenses

- Joint Utility bills for Water, Gas, Electricity

- Joint Bank Statements

- Joint Credit Card Statement

- Tax Transcripts from the IRS for 2008 and 2009

- I have Christmas cards sent to the both of us, that we saved but I heard those are kind of pointless.

- I will have 3 affidavits from friends attesting to our marriage, one of which was a witness at the marriage

- Our credit reports which show both our addresses on it

- Joint Medical Insurance cards listing our names on it

- Car insurance under my name with the wife listed on their as well

- copy of void checks from our joint account

I also have other random mail addresses to us separately to the same address, but I don't know how useful that is.

I am generally a pack rat, so I have a bunch of things and I am trying to be better at organizing especially when it comes to this stuff.

Anyways. Sorry for the long winded email. Thanks for your help guys

Edited July 6, 2010 by desertblue88

[dhsplease 1]

Since your divorce is not finalized it, i would think you should be able to travel. You are still married until you are divorced so i doubt you would have any issues. Hopefully some of the more experienced members of the forum with confirm my opinion.

[v333k 59]

Although I am not too familiar with the divorce path, I would logically think that you are married until the final documents are processed. That said, even if the question arises about your spouse, you can easily say that you had to travel to visit family alone this time and she is in the US. I doubt not giving them the background will cause you any trouble. Many people travel and not always together, so that shouldn't be an issue.

Once the divorce is complete, then you should file I-751 waiver and that will be fulfilling your end of the immigration portion.

For the other section, the list of evidence looks good. There is a thread for waivers (probably you are aware of it) that you can add yourself to the list. I am sure there is a wealth of information there that you could utilize to help better your package.

Just remember to include a copy of the divorce decree once you have it.

I am sorry to hear about your marriage, and I hope things work out for you and your wife.

Also, thanks for the acknowledgement - this is a wonderful forum and I was able to get many answers for my questions and concerns, and I only want to return the favor for others who are walking down the same path.

Best of luck!

v333k

[desertblue88 0]

v333k,

Thanks for the kind words. Your very welcome on the praise. You are definitely a pillar of the community!

That does make sense in regards to what you were saying about the POE questions. When I did talk to the officer he wanted me to give him my A#. but I figured that likely wasn't the best idea.

I will definitely add myself to the timeline once I file the I-751.

If anyone who has gone through a waiver reads this, if you have any input on your experiences regarding travel/waiver stuff that would be great. I am really holding off on booking my tickets until I figure

this one out.

[Okalian 41]

<br>If anyone who has gone through a waiver reads this, if you have any input on your experiences regarding travel/waiver stuff that would be great. I am really holding off on booking my tickets until I figure <br>this one out.

I traveled before and after filing for a divorce. But when I traveled after the divorce i already filed I-751 at that time so I had the extension letter with me. So my situation was slightly different. As far as USCIS is concerned, you're still married (because divorce isn't finalized yet) and they don't keep up with trying to find out if every foreigner who got a greencard is still married. I think you should be fine especially if your greencard didn't yet expire.

On my part, when I entered the US, the CPB officer was somewhat a douche..but really he was only doing his job. He asked me a few questions to see if i'll mess up but at the end he told me not to worry about it and I should be receiving my new card at some point this year (and I did, 2 months later, praise God!)

By the way, do yo have an idea when will your divorce finalize? You actually may go ahead and file for I-751 just with a divorce complaint. You'll deal with the stress of waiting on a I-751 waiver anyway so might as well start it earlier and get it over with

Finally, like v333k said, your evidence list looks pretty tight.

Edited July 7, 2010 by Okalian

[desertblue88 0]

Okalian,

Did you have problems, before the divorce too or only after? It was weird the guy I talked to today wanted my A#, which again I didn't give because I that's just odd. Off topic he also called it a LAWFER number or something that sounded like that. And I was like huh.. and he said oh. Your A#

In regards to it finalizing, it should be hopefully around October or November. I am good until Last week of March so regular filing would open up in December, if we were doing joint.

I didn't know I could file with the complaint. Wouldn't that be risky if it dragged out though and I got an RFE for the decree?

[Tom_Jim 40]

I traveled extensively on my conditional greencard after my ex-wife and I separated. I never had any issues and was never questioned by CBP. As far as the divorce path, my USC wife filed for divorce and only after the divorce was final, did I file for my ROC. I do know there are provisions for people who are removing conditions while divorce is pending. For this, I am unsure.

Travel away.

[desertblue88 0]

latoslatos,

Thanks. Yeah currently just the divorce complaint is filed. Its a few months away for the decree, so nothing is final yet. So they just treated you like a returning resident and that was it?

I just want to see my family and not be worried about being denied or something silly. Since well my house, cars, pets, job are all here at the moment. I guess maybe I am just over reacting. But I have just heard some much stories about CBP not understanding USCIS policy and then providing people misinformation and grief. and I mean that as a generalized statement not necessarily because of CGC issues. But ya'll know what i mean

[Tom_Jim 40]

From reading on the USCIS website about "preserving" your permanent residency; it appears that the *main reason an LPR (conditional or not) can be denied entry is that if the admitting officer determines that the LPR "abandoned" his permanent residency. I.e., travelling overseas to the home country for 5 months every year and returning to the USA only to preserve the residency requirement.

I too, had trepidations about travelling on my conditional greencard, but I was never asked at all about my spouse or anything like that. All I got was "welcome home", and "what was the purpose of your travel to Manila". All very innocuous. I have a link on my signature for evidence and all that. Best of luck to you!

[desertblue88 0]

latoslatos,

Thanks so much. So your saying I should go visit without the least bit of worry

Also just curious what date was your divorce finalized? From actual complaint to finalization.

Cheers

[Brother Hesekiel 2,235]

Sure you can travel. You are a lawful permanent resident of the United States. Period.

If the CBP officer asks you were your wife is (he or she really shouldn't) tell 'em "at home in Phoenix."

Now to the I-751, where timing is of the essence.

Since I do not know how long a divorce in Phoenix takes, it's a bit of a shot in the dark on my part. I hope you will be divorced by the time it's time to mail in the I-751. Technically, you should file as soon as the divorce is final but I would still wait a bit longer, ideally until it's time to file anyway.

If you are not divorced by the time the 90-day window opens, wait until you are divorced.

If your GC is about to expire and you are still not divorced, mail in your I-751 anyway, ideally about 7 to 10 days before the GC expires.

If, and only if you have reached this step without your divorce being final, post again and we go into the specifics.

[desertblue88 0]

Justbob,

Thanks for the reply! The GC expires end of March, so I am eligible to file in the regular 90 day fashion starting January.

From what I have been told on the divorce front. It should all be finalized Octoberish. So will be two months before the 90 day window opens up.

So I will be right close to the window of filing.

Typically in Arizona it takes no less then 60 days and up until it is resolved amicably.

So likely I will be within the proper time frame. So you think I should still wait till January even if the divorce decree is all done in October, just so the drones don't kick it back by mistake like they sometimes do?

In terms of travel, if I won't have any issues going to Canada to visit my family, I think I may just have to book my trip

[Tom_Jim 40]

JustBob gives sage advice. For my situation, Washington DC's laws required us to live away from "bed and board" for at least 6-months. I separated on December 2008, divorce papers sent to me in Manila in June 2009, divorce granted by judge in September, divorce was in full-effect 30-days later in October. Then, in November, I went to Manila for vacation for a few months. Then, I filed my ROC in March 2010 (see signature for timeline). Approved ROC on June 22, 2010.

Having the divorce decree is the hardest part I think to get. Otherwise, my exwife was very helpful in assisting me in getting all our joint evidence together. You do not need to worry about traveling. You're still an LPR. Enjoy your family visit to Canada!

[desertblue88 0]

Hey guys,

Just got home from Canada. No issues. CBP asked for my passport though which was weird. Because I only require my I-551. He made fun of me because I said it was 45 degrees Celsius in AZ and he said. Your coming back to America. say it in F!!!! and I said okay okay. 110ish. Overall. was very nice guy. Stamped my passport with Class until ARC (Alien Registration Card)

[Tom_Jim 40]

Hey guys,

Just got home from Canada. No issues. CBP asked for my passport though which was weird. Because I only require my I-551. He made fun of me because I said it was 45 degrees Celsius in AZ and he said. Your coming back to America. say it in F!!!! and I said okay okay. 110ish. Overall. was very nice guy. Stamped my passport with Class until ARC (Alien Registration Card)

Hope you were energized from your trip home! Glad it went smoothly.