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I have a question. My green card expires in November. Me and husband will file for divorce by the end of the month when he comes back from deployment.

I know I can file for the waiver before I have the final divorce degree (I probably have to do that anyways).

I'm just kinda confused about the rfe and noa. If I file now will I receive a NOA that allows me to still work in the US, will they are deciding about my case ? I'm really scared to lose my job.

Also how long will they give me the provide my final divorce degree? I heard it's about 80 days ? Would they still give me 80 days even when my green card expires in November this year ?

I'm so confused and scared that I'm gonna lose my job.?

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Filed: Lift. Cond. (apr) Country: China
Timeline

I heard you can file waiver by deadline (expiration date of your green card) and send the divorce decree in RFE which will be at least 6 months from your filing date.

The NOA1 will give you 1 year extension.

I don't have personal experience with this route so maybe other member can contribute. USCIS I-751 instructions is a place to go to for you to look up what to do in your situation. Don't worry about the job and good luck!

------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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Filed: Lift. Cond. (apr) Country: China
Timeline

Yeah NOA is proof. It usually arrives around 10 days after you submit. (If it doesn't come within 30 days, USCIS instructs us to call). It says your GC is extended for 1 year *unless it's terminated*, and that term creates problem in travel and work in few cases. But if HR e-verify, you are still employment eligible. When I got that paper I just told my supervisor here's my one year extension, and she made a copy and gave to HR.

------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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Filed: Lift. Cond. (apr) Country: China
Timeline

If I-751 receives an unfavorable decision and gets denied, I-751 is terminated. Cannot say the stats of this happening but at least many months after USCIS receives the package.

Filing late is problematic and you would need to come up with good reasons. I don't think not having the final decree on hand is a good reason, but you really need to consult relevant info on USCIS website and people who went this route.

------------------------------------------------------------

2003-08-21: first visit to US on F-1

2009-09-17: first met ex-spouse

2013-05-14: re-entered US on K-1

2013-05-20: married to ex-spouse

2013-12-27: received conditional green card

2014-04-01: separated from ex-spouse

2014-10-01: divorced from ex-spouse

2015-06-25: sent I-751

2016-04-11: received RFE

2016-06-08: sent RFE reply

2016-09-20: new card ordered

2016-09-23: new card mailed

2016-09-28: new card picked up by USPS

2016-09-30: new card delivered

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