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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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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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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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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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As you correctly stated, if you are divorcing, you file your I-751 with a divorce waiver even if you don't have your divorce decree at the time of filing. Front load your petition with as much evidence as you can get to show that your marriage was 100% bonafide and not to circumvent immigration laws. Provide a statement explaining why you are divorcing.

Once you have submitted your divorce waiver application, you will get a NOA extending you status for one year while USCIS is working on your case. You are allowed to work and travel during that time. Since you are not providing your divorce decree at the time of filing, USCIS will issue you an RFE to submit the divorce decree. I believe the RFE gives you 87 days to provide the decree. If you can't provide the decree by the deadline, USCIS will deny your I-751 and give you a notice to appear in front of an immigration judge and let you explain your matter. The IJ will likely have USCIS wait till you get your divorce decree in order to continue processing your case. USCIS may also give a second RFE as a second chance before denying your I-751.

Given how slow I-751 processing is these days, chances are you will have your divorce decree well before they start adjudicating your case.


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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