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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

hello friends,

I am a conditional greencard holder, and my divorce from ex-wife was finalized last month. My gc doesn't expire until december 2016. My question is: should I file the 1-751 waiver asap, or should i wait until the the 90-day window? I want to wait because things didn't end well with my ex and I want to try amending our friendship so that she can write an affadavit for me.

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

hello friends,

I am a conditional greencard holder, and my divorce from ex-wife was finalized last month. My gc doesn't expire until december 2016. My question is: should I file the 1-751 waiver asap, or should i wait until the the 90-day window? I want to wait because things didn't end well with my ex and I want to try amending our friendship so that she can write an affadavit for me.

You have no choice but to file now. There's no waiting for 2 years for you.

You have 90 days from the finalized date. If you wait past that 90 days you put you getting a 10 year green card in jeopardy.

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Filed: Timeline
Posted

The above is not true. You need to file when your window opens on its own (90 days before card expires) OR if you qualify for a waiver you can file as soon as you are eligible.

The key word is "can". Having a waiver situation gives you the opportunity to open the window early but its up to you if you do that or not.

If your sole reason is waiting for an affidavit from the ex- then meh. Its not going to carry that much weight. I mean its not going to hurt you to have it (the affidavit) but the amount of help it will give is minimal. (No one is going to turn in a bad affidavit)

Do you have other strong evidence of the bonafides?

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

The above is not true. You need to file when your window opens on its own (90 days before card expires) OR if you qualify for a waiver you can file as soon as you are eligible.

The key word is "can". Having a waiver situation gives you the opportunity to open the window early but its up to you if you do that or not.

If your sole reason is waiting for an affidavit from the ex- then meh. Its not going to carry that much weight. I mean its not going to hurt you to have it (the affidavit) but the amount of help it will give is minimal. (No one is going to turn in a bad affidavit)

Do you have other strong evidence of the bonafides?

We had a joint lease, joint bank accounts, some pictures but our marriage was rocky from the start so I'm not sure if my waiver will get approved. In which case I'm thinking of delaying my waiver application to 90 days before my gc expiration.

Posted

You can remove conditions after your finalization of divorce. Do if you want to apply now go ahead

Not quite/fully true. You can apply with a divorce waiver if you have filed for divorce. You will then receive a Request For Evidence (RFE) to produce the final divorce decree. The divorce need not be finalized to remove conditions.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

A joint lease and joint bank account won't be enough to renew your GC.You need much more than that, her affidavit won't make any difference.

We also have joint taxes filed for one year, I was added to her life insurance policy, and some pictures.

Posted

Sounds like you have enough to file for ROC with the waiver. You simply need to prove you entered the marriage in good faith.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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