Jump to content

Filing I-751 without final divorce decree or wait until removal proceedings?

3 posts in this topic

Recommended Posts

My current Green Card Expires Jan 08

I filed an uncontested divorce Sept 26 (They said it should take around 4 months to go through, which puts me at around Feb 01)


I have evidence of a bonafide marriage with our names on bank acccounts, cc statements, lease, reception with 100 people, photos, cards, etc. 


I will most likely not get my divorce settled in time before my green card expires, so I'm wondering what others have done in this situation. I have proof that I've started my divorce (It's listed on the court's website). 


I read online that you can either send in I-751 with proof the divorce has started (plus the supporting documentation, fees etc), or wait until getting put in removal proceedings to file (Is this a mistake?). How long does it take to be put in to removal proceedings? I've heard that they'll send you an RFE for divorce decree if you file I-751 without it, which would give me 90 days or until when I get the decree (I've read conflicting statements on this). I also read they could issue a 1 year green card in this situation (True or False)?


I'm going to try and contact an attorney through NYLAG as well, but any information could help me before talking to them. 


Thanks for your input


Share this post

Link to post
Share on other sites

Not an expert here, but waiting for removal proceedings sounds like a very bad idea.  I would always suggest filing what you have in a timely manner. Given the processing times they're experiencing, you likely won't even get an RFE for 18 months.  


May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC



Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!


Jan 30, 2017: POE Toronto Pearson Airport


Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.