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apply I751 waiver after conditional green card expires

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Hi guys,

Because of the long divorce procedure, what happened if I just apply I751 waiver after my conditional green card expires? Can I just let my card expire and apply the 751 waiver after I divorce? Will I be deported right away if I did not apply removing condition? I think my divorce is going to be finish after my card expires for 5-6 months.


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But what happened if I cannot get divorce decree after 87 days of RFE? I think my wife is still dragging out the divorce process. I feel like even I can ask for a continuance one time, I may still be in trouble getting the divorce decree.

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If you don't respond to the RFE with the divorce decree, you might get denied just like I did. You can always refile the I-751 before going in front of an Immigration Judge to ask for an extension. I don't think us waiting for a divorce decree is high on their priority list for cases that need to go in front of a IJ, just my opinion. Look up my threads/posts, see my timeline below.

But DO NOT let your gc expire before having filed to remove conditions first. That is worse than fling without the divorce being finalized!!

ROC (Divorce Waiver)- CSC

2/14/14- Filed for Divorce

2/28/14- Sent I751 Packet (divorce pending)

3/3/14- NOA1 (receipt date)

3/5/14- Check Cashed & NOA1 Received in the Mail

3/6/14- GC Expired

3/11/14- Received Biometrics Appt. Letter (for 3/28)

3/21/14- Biometrics (done 1 week early)

5/20/14- RFE received for divorce decree/more evidence

8/8/14- Submitted further evidence, no divorce decree yet

9/12/14- I751 Denial received

10/8/14- Divorce finalized

10/14/14- Sent I751 Packet again, with divorce decree! (Refiling)

10/15/14- NOA1 (receipt date)

10/17/14- Check Cashed

11/03/14- Biometrics Done

3/6/14- 1 Year Extension Expired

3/24/15- I551 Stamp in Passport (1 year extension)

4/16/15- APPROVED! E-mail & Text Received

4/20/15- Approval Letter Received via Mail

4/25/15- GC in hand! Happy Birthday to me! :)

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I see, but it seems you got your divorce decree when you refile 751 waiver for good faith. I think my case may be delayed again. If I still did not get divorce decree after RFE 87 days, will I be able to file 751 again without divorce decree? Thanks for the response and you are in a very similar situation like me! Good luck to you too!

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