Divorce/Annulment hearing a day before conditional GC expires - when to file I-751

[sandy44 0]

I would really appreciate some help here guys !!

My USC wife has filed for an annulment and I have contested the same and have asked for a divorce. The hearing in the superior court of California is just one day before my conditional GC expires. Though I am confident about my case but really do not know what the decision will be and hence am confused as to when I should file the I-751 form for the removal of conditions. The marriage was entered in good faith and all an was an arranged one.

Currently, the window of my filing has just opened but am not sure as to what to do!! Any advice?

[VanessaTony 3,567]

I would really appreciate some help here guys !!

My USC wife has filed for an annulment and I have contested the same and have asked for a divorce. The hearing in the superior court of California is just one day before my conditional GC expires. Though I am confident about my case but really do not know what the decision will be and hence am confused as to when I should file the I-751 form for the removal of conditions. The marriage was entered in good faith and all an was an arranged one.

Currently, the window of my filing has just opened but am not sure as to what to do!! Any advice?

You should file maybe a month before your GC expires. You will file by yourself and you will of course be unable to include your divorce certificate. You will get an RFE for the certificate and given 87 days to show it to them. So i'm guessing by USCIS mail standards you'll get the RFE around the time the time of your hearing. DO NOT discuss this with your soon to be ex-wife. She may purposefully try and slow down the process.

if you don't get the certificate in time you will be ordered before an immigration judge, who should extend your status until the certificate becomes available.

[Krikit 1,163]

Moving from ROC to Effects of Major Changes.

[NigeriaorBust 4,087]

The chances for an annulment after a relationship of so long is small if you lived together. However is she does get one effectively you were never married and don't qualify for removal of conditions. If she wins then your stay here will be delayed.

[JERIII 8]

The chances for an annulment after a relationship of so long is small if you lived together. However is she does get one effectively you were never married and don't qualify for removal of conditions. If she wins then your stay here will be delayed.

You might think that an annulment means that, but it doesn't necessarily, the instructions for removal of conditions specifically state that you can file for a waiver if

You entered the marriage in good faith, but the

marriage was later terminated due to divorce or

annulment;

Of course, the grounds for the annulment might matter.

As I understand it, Vanessa&Tony have given the correct procedure to follow.

[JimVaPhuong 4,863]

The chances for an annulment after a relationship of so long is small if you lived together. However is she does get one effectively you were never married and don't qualify for removal of conditions. If she wins then your stay here will be delayed.

An immigrant can request a waiver of the joint filing requirement on the basis that the marriage ended by divorce OR annulment. However, you are correct that an annulment could affect removal of conditions, depending on the grounds for the annulment. If it's granted on the basis that the marriage was not entered into legally then USCIS could revoke the original I-130 petition as having been based on an invalid marriage.

Sandy, you are correct to be contesting the annulment and seeking a divorce instead. Vanessa is correct about the timing. You must submit the I-751 before your green card expires, even though you won't have a divorce decree yet. USCIS policy is to send an RFE for the divorce decree once they get around to adjudicating the I-751, which may be months after you send it. If you have the divorce decree when you get the RFE then you send it in response. If you don't have the divorce decree yet, and don't respond to the RFE, then you'll be placed in removal proceedings. When you're called in for the master hearing in front of an immigration judge you can ask the judge for a stay while you finish your divorce and get the decree. They usually grant these requests.

[sandy44 0]

I appreciate all of your responses and they have been very helpful !! Will file my I-751 a month before the trial date and will keep you posted on the progress.

[Brother Hesekiel 2,235]

I concur with Jim. One adjustment to Vanessa & Tony's advice: send your I-751 exactly 14 days before your Green Card expires via USPS Express Mail. You need to buy as much time as possible in order to avoid the Master Hearing. Two weeks maybe just what the doctor ordered.

[Mme Rej 0]

You might think that an annulment means that, but it doesn't necessarily, the instructions for removal of conditions specifically state that you can file for a waiver if

You entered the marriage in good faith, but the

marriage was later terminated due to divorce or

annulment;

Of course, the grounds for the annulment might matter.

grounds for annulment does matter, even with USCIS, especially if the spouse has concrete evidences..

[sandy44 0]

Thank you for your responses. They are much appreciated.

I am back with another question: I recently consulted with an immigration lawyer and he has "strongly" advised against filing the I-751 before I get the final judgment on my annulment/divorce hearing. And as that hearing is just a day before my conditional GC expires, he thinks that I will be fine filing a day or two later. His argument is that in the option "You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment" - it really means that the divorce or the annulment has already happened. And my filing without a the final judgment document may result in a rejection right away.

Your thoughts in this matter will be highly appreciated. Again, I am thankful for this forum in these confusing times.

[JimVaPhuong 4,863]

Thank you for your responses. They are much appreciated.

I am back with another question: I recently consulted with an immigration lawyer and he has "strongly" advised against filing the I-751 before I get the final judgment on my annulment/divorce hearing. And as that hearing is just a day before my conditional GC expires, he thinks that I will be fine filing a day or two later. His argument is that in the option "You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment" - it really means that the divorce or the annulment has already happened. And my filing without a the final judgment document may result in a rejection right away.

Your thoughts in this matter will be highly appreciated. Again, I am thankful for this forum in these confusing times.

Show your attorney the following page from the USCIS website. First, scroll down to the section titled "If You Are Late In Applying To Remove The Conditions On Residence".

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

* Your conditional resident status will automatically be terminated and we will begin removal proceedings against you

* You will receive a notice from us telling you that you have failed to remove the conditions

* You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

That makes it pretty clear that the consequences for failing to file on time can be severe. A late filing requires good cause. Not having your divorce decree yet will not be considered good cause, and to find out the reason for this you should scroll down to the section titled "If You Are In Divorce Proceedings But Are Not Yet Divorced".

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

* You filed a waiver request. We will issue a request for evidence (

RFE

) specifically asking for a copy of the final divorce decree or annulment (if applicable).

It's pretty clear that not having the divorce decree yet is going to result in an RFE rather than a denial, so it wouldn't be considered good cause for filing late. Your attorney is wrong.

[VanessaTony 3,567]

Thank you for your responses. They are much appreciated.

I am back with another question: I recently consulted with an immigration lawyer and he has "strongly" advised against filing the I-751 before I get the final judgment on my annulment/divorce hearing. And as that hearing is just a day before my conditional GC expires, he thinks that I will be fine filing a day or two later. His argument is that in the option "You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment" - it really means that the divorce or the annulment has already happened. And my filing without a the final judgment document may result in a rejection right away.

Your thoughts in this matter will be highly appreciated. Again, I am thankful for this forum in these confusing times.

As Jim stated (more or less) your lawyer is a moron. You MUST file ROC (remember you're filing as divorced) in the 90 days before your status expires. It is in your best interest to mail the documents at least 2 weeks before your status expires. As your divorce isn't final you will get an RFE for the decree. Hopefully the decree has arrived before the RFE is due. If it's not you will go before an immigration judge who will extend your waiting time.

If you do not file ROC in the 90 days your conditional status is cancelled and you face deportation proceedings. Basically you file your ROC as though you have the decree but don't include the decree because you don't have it. Then wait and see what happens.

Oh, and fire the lawyer. Friggen moron risking your status like that!

[rika60607 215]

Your lawyer is wrong.

He is risking your status, at best he does not care about what will happen to you (removal proceedings) if you follow his faulty advice. At the worst - he is getting you into more trouble so he has more work to do for you (and to get paid more).

immigration lawyer and he has "strongly" advised against filing the I-751 before I get the final judgment on my annulment/divorce hearing.

[TracyTN 237]

Agreed. You must file in that 90 day window, divorced or not.

[sandy44 0]

You guys Rock !! Thanks for all the info. I am a three weeks away from my hearing and will file next week. Thank you again.