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Flavia

sending I-751 before divorce is finalized

By Flavia in Removing Conditions on Residency General Discussion

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Flavia Contributor

Flavia   1

Posted
Filed: Citizen (apr) Timeline
Posted

Hello everyone,

My mom's conditional status expires very soon, but her divorce still is to be finalized. If she submits I-751 before the divorce decree is final, will her status be extended and for how long? WIll she be able to travel in and out of the country still?

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Hello everyone,

My mom's conditional status expires very soon, but her divorce still is to be finalized. If she submits I-751 before the divorce decree is final, will her status be extended and for how long? WIll she be able to travel in and out of the country still?

Don't make me explain this, but if her divorce is not final yet, she'll wait as long as possible before sending in her I-751 in order to save time. I'd say about 9 to 7 days before her Green Card expires may be a good time frame. She will get the NOA1 which will extend her Green Card for another year, so, yes, she can travel. Once an I.O. will look at her I-751, he or she will notice that there's no divorce decree and will thus mail out an RFE for it. Hopefully by then her divorce is final. If not, post again and we'll talk about how the show is run from there on.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Agree with Bob. It's important to note though if her ROC is denied while she's out of the country she will be unable to enter because her status is cancelled. Sometimes they will allow her to enter (called paroled) simply for the purpose of appealing the denial and sometimes they won't.. its up to them.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Flavia Contributor

Flavia   1

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted

Thanks everyone for replies!

She actually already submitted the I-751 and already got an extention of her LPR status by one year!

Just one more question - how long does it take them to send the RFE? If she receives an RFE (I assume there is a deadline for sending the missing documentation), can she still travel out of the country until she submits the missing divorce decree?

Thanks once again!

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  • 1 month later...
costi Newbie

costi   0

Posted
Filed: Lift. Cond. (apr) Country: Romania
 Timeline
Posted

Hello everyone,

My mom's conditional status expires very soon, but her divorce still is to be finalized. If she submits I-751 before the divorce decree is final, will her status be extended and for how long? WIll she be able to travel in and out of the country still?

he Bob, do u have a contAct e-mail or something? i have few questions about my ROC without finalized divorce. she took the term ( the usc for divorce ) 4 months after my GC expites..any suggestions? ty :)

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katiemanny Community Regular

katiemanny   64

Posted
Filed: K-1 Visa Country: Haiti
 Timeline
Posted

I would recommend to your mom to not travel abroad until her ROC is approved and 10 years GC is handy, the reason why is because once you are divorced your conditional GC could be terminated at any time by USCIS and NOA1 extension will no longer apply.

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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