Removing the conditions for Temporary Resident Visa

[VanessaTony 3,567]

just an update, my ex filed a divorce and they said the processing is 6-8 weeks the the divorce decree will be sent to us. But the 90days window to adjust my status starts on April 1,2011 because my GC expires on June 28,2011. Should I wait for the divorve decree to file the ROC? Someone advised me to get a ROC with a waiver, I don't know where to get the divorce waiver, or is that the same as the divorce decree? I wanna start to do it on April 1 but I don't know where to start. Please help me.

Him filing is great news so you'll be able to get the divorce recognised in the Philippines.

Have a read of the I-751 documents. You'll see it talks about the divorce stuff in the instructions. The waiver isn't actually anything separate, its just different documentation.

As for when to file. Wait until you get the decree seeing you think you'll get it soon, but prepare your documents so that you can send a photocopy copy of it with your package as soon as you get it. I personally would try and send the package no later than a month before the deadline... that way if it's rejected for any reason and needs to be resent you won't miss the deadline.

[maybelle 0]

I will start filing on March 27th, that's the start of my 90 day window. Thank you so much for your reply. It is really a big help.

Him filing is great news so you'll be able to get the divorce recognised in the Philippines.

Have a read of the I-751 documents. You'll see it talks about the divorce stuff in the instructions. The waiver isn't actually anything separate, its just different documentation.

As for when to file. Wait until you get the decree seeing you think you'll get it soon, but prepare your documents so that you can send a photocopy copy of it with your package as soon as you get it. I personally would try and send the package no later than a month before the deadline... that way if it's rejected for any reason and needs to be resent you won't miss the deadline.

[JimVaPhuong 4,863]

I will start filing on March 27th, that's the start of my 90 day window. Thank you so much for your reply. It is really a big help.

I would follow Vanessa's advice on this. If you think you might get the decree well before your conditional green card expires then wait for the decree. You should never invite an RFE if you can possibly avoid it.

The waiver request is simply a different check box on the I-751 form. Which box you check determines who must sign the form, and what sort of evidence you need to include.

[JoannaV 173]

Assemble the ROC package, with everything needed except for the divorce decree. Then you can send it off as soon as you receive the decree. If you have not received it by a month before the date your green card expires then go ahead and send it off, and expect a RFE for the decree.

[Brother Hesekiel 2,235]

Assemble the ROC package, with everything needed except for the divorce decree. Then you can send it off as soon as you receive the decree. If you have not received it by a month within 11 days before the date your green card expires then go ahead and send it off, and expect a RFE for the decree.

[maybelle 0]

My 90-day window started March 26 and expires June 26, 2011. I haven't filed my I-751 yet because I am waiting for the divorce decree to come out. It's been 8 weeks since we filed but until now there is no result. Please advice me if i will just file the removal of condition without my divorce papers?

[JimVaPhuong 4,863]

My 90-day window started March 26 and expires June 26, 2011. I haven't filed my I-751 yet because I am waiting for the divorce decree to come out. It's been 8 weeks since we filed but until now there is no result. Please advice me if i will just file the removal of condition without my divorce papers?

Wait until you've only got two or three weeks remaining on your conditional green card. The sooner you file without a divorce decree, the sooner you'll get an RFE demanding one.

[VanessaTony 3,567]

My 90-day window started March 26 and expires June 26, 2011. I haven't filed my I-751 yet because I am waiting for the divorce decree to come out. It's been 8 weeks since we filed but until now there is no result. Please advice me if i will just file the removal of condition without my divorce papers?

Agree with Jim. To give you a date wait till sometime between June 1st and June 7th and file then. Start getting your paperwork together now so that it's easy when the time comes and not too much stress for you. Just don't sign or date the forms yet (but make sure you put post-it notes or something to remind you to sign!)

You'll file everything like normal but if you don't have the decree in time then just mail off your package without it. Then they'll send you a request asking for the decree and give you 86 days I think I remember to produce it (not a crazy short time anyway). Everything will be fine

[maybelle 0]

Thank you guys, I will wait for the divorce decree to come out then. I called the family court today and asked for the status, and they said that probably at the middle of this month the courts will release the decree. I read in the I-751 that with my case I have to be represented by a legal counsel before i send the document to the USCIS. Does it really necessary?

[No_one 0]

just an update, my ex filed a divorce and they said the processing is 6-8 weeks the the divorce decree will be sent to us. But the 90days window to adjust my status starts on April 1,2011 because my GC expires on June 28,2011. Should I wait for the divorve decree to file the ROC? Someone advised me to get a ROC with a waiver, I don't know where to get the divorce waiver, or is that the same as the divorce decree? I wanna start to do it on April 1 but I don't know where to start. Please help me.

Hi Maybelle!are you still here in vj?Im afraid im going through a situation similar to yours with your first husband.And funny the girl is also from Cebu and she knows that my husband is married.I will share my story in a bit so some people here with good heart can help me through this.I just got here in the states last month using the IR1 visa.Looking forward to hearing from you and the people here.

Regards,

Lia

[Ban Hammer 12,836]

Hi Maybelle!are you still here in vj?Im afraid im going through a situation similar to yours with your first husband.And funny the girl is also from Cebu and she knows that my husband is married.I will share my story in a bit so some people here with good heart can help me through this.I just got here in the states last month using the IR1 visa.Looking forward to hearing from you and the people here.

Regards,

Lia

member that started this thread was last online Nov 30 2011 05:10 PM

you might find it best to start your own thread regarding your circumstances.