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Divalicious

ROC filing late questions

By Divalicious in Removing Conditions on Residency General Discussion

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Divalicious Explorer

Divalicious   2

Posted
Filed: Other Country: United Kingdom
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My K-1 visa is due to expire at the end of September but I only just started divorce proceedings for my marriage so I'm likely not to get that resolved for a month, maybe two but my immigration status is about to expire, I'm worried. What should I do? Can I contact USCIS and let them know of my status? Can I let them know somehow that I cannot file because I do not have my divorce finalized yet? Will I get deported? Can I file late? Please help me! I'm freaking out. 

Crazy Cat Grand Master

Crazy Cat   41,979

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

Your K-1 visa was no longer valid the moment you entered the US.  If your 2 year Green Card is going to expire, you MUST file to remove conditions within 90 days of that expiration date.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
10 minutes ago, Divalicious said:

My K-1 visa is due to expire at the end of September but I only just started divorce proceedings for my marriage so I'm likely not to get that resolved for a month, maybe two but my immigration status is about to expire, I'm worried. What should I do? Can I contact USCIS and let them know of my status? Can I let them know somehow that I cannot file because I do not have my divorce finalized yet? Will I get deported? Can I file late? Please help me! I'm freaking out. 

As missileman said, your K1 was invalidated when you entered. Are you actually referring to your 2-year green card?? Green cards and visas are completely different things. Your post is confusing due to what I think is usage of incorrect terminology.

Divalicious Explorer

Divalicious   2

Posted
Filed: Other Country: United Kingdom
 Timeline
  • Author
Posted
2 minutes ago, mushroomspore said:

As missileman said, your K1 was invalidated when you entered. Are you actually referring to your 2-year green card?? Green cards and visas are completely different things. Your post is confusing due to what I think is usage of incorrect terminology.

I apologize, I am referring to the 2 year green card. 

Crazy Cat Grand Master

Crazy Cat   41,979

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

If you file late, there is a strong possibility you will be placed in removal proceeding.  This attorney site says that you can file now...without a final divorce decree, and USCIS will issue an RFE....but that might not work now.

https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

 

 

EDIT:  Personally, I would file now without the final divorce decree and hope for an RFE.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Even if your divorce isn't finalized when you file, they will RFE you for the final divorce decree which you can provide at that time.  It's more important to file on time. 

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

 

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
Just now, Divalicious said:

I apologize, I am referring to the 2 year green card. 

No worries. That's what I thought. You can file RoC with a divorce waiver. Has your RoC window opened already??? Do you have paper evidence that the divorce is still pending?? You can try submitting that with the divorce waiver and the RoC package. You might get an RFE for the final divorce decree or be called for an interview, during which you can show them the final divorce decree.

Crazy Cat Grand Master

Crazy Cat   41,979

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

It is critically important that you file BEFORE your GC expires!!!!

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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