apply I751 waiver after conditional green card expires

[magictree 0]

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.

Thanks!

[aleful 1,905]

hi

no, file before it expires, later on you will get an RFE requesting your divorce decree

[magictree 0]

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.

[sunshine16x 5]

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!!

[magictree 0]

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!

[magictree 0]

By the way, when you got denial on Sep. 21, 14. Did you get a notice to go immigration court? How long do I have between the denial date and immigration court hearing? Thanks!