Dealing I-751 Divorce waiver with Wrong Green Card.

[dwheels76 5,463]

11 hours ago, Akwunomy said:

He mentioned or asked how long you married before the issuance of the visa...I have a friend that married and they process took long and he was issued with 10 years greencard because his marriage is already 2 years before he will receive his greencard and as such he does not get 2 years rather 10 years...so you need to check if that was what happened in your case.

It was a mistake he entered US 4 months before his 2 year anniversary.

[dwheels76 5,463]

37 minutes ago, USS_Voyager said:

They generally don't make mistakes like this. I know this has been asked 5 times, but OP, are you sure that at the time you entered the US (Jan 2017), you had not been married for 2 years? Date of marriage is the date you signed the paperwork to marry, not when the wedding occurred... just quadruple checking....

This mistake happens all the time. In 2017 I believe USCIS sent out a communication they wrongly issued 10 years to 2 year folks. It happens. OP already stated they married May 2015 he entered January 2017 4 months short of 2 year anniversary.

[banteras 0]

Total agree with dwheels. It was mistake i entered 4 months before Anniversrary but my temporary visa i gas given from the consulate was 6 months and it would expire about 10 days before the anniversary of marriage. So i had no option.

 

[Khallaf 649]

9 hours ago, mushroomspore said:

OP was admitted in January 2017, presumably on a spousal visa. His GC would be valid from Jan 2017 to Jan 2019. His dates are correct. Divorce timing doesn't play into when to file RoC.

 

I thought that if you got divorced on the 2 year conditional green card you can file  to remove conditions at anytime if there is a divorce waiver involved that there was no need to wait to do ROC as it no longer involves the spouse

 

@dwheels76 is this not the case?

Edited December 28, 2018 by Khallaf

[geowrian 22,336]

1 hour ago, Khallaf said:

I thought that if you got divorced on the 2 year conditional green card you can file  to remove conditions at anytime if there is a divorce waiver involved that there was no need to wait to do ROC as it no longer involves the spouse

 

@dwheels76 is this not the case?

Correct

[dwheels76 5,463]

1 hour ago, banteras said:

Total agree with dwheels. It was mistake i entered 4 months before Anniversrary but my temporary visa i gas given from the consulate was 6 months and it would expire about 10 days before the anniversary of marriage. So i had no option.

 

When was the divorce finalized? 

 

Well just file soon as possible so you can get your extension letter and travel if need be. But like I said there will be no 10 year green card coming for at least 15 to 18 months. So beware of that.

 

**We just filed I-751 in May I don't expect to hear anything until probably September. But we are filing for Citizenship in March**

[mindthegap 2,550]

 

You are over thinking this. Remember that the card is proof of status, not the status itself. T you slept on it for a couple of years was somewhat daft, as others have pointed out, but you can't go back and change it now. An I-90 is a waste of time as they won't issue a new card for you at this point.

 

 

You should make sure you are back in the US before your expiry, and you are aware that you need to file, so do so, with a BRIEF and clear explanation.

Once you receive the extension letter/receipt (which is useless by itself without accompanying a recently expired card), go to an infopass for a stamp. The stamp will then be your proof of status and will enable you to travel.

 

 

 

1 hour ago, Khallaf said:

I thought that if you got divorced on the 2 year conditional green card you can file  to remove conditions at anytime if there is a divorce waiver involved 

Correct.

With a divorce waiver you can file at any time between gaining permanent residence, and an order of removal by an immigration judge.

You do not have to file in the usual 90 day joint filing window.

 

 

2 hours ago, USS_Voyager said:

They generally don't make mistakes like this. 

You must be new to USCIS 😂

 

 

Edited December 28, 2018 by mindthegap

[kemm360 144]

If you came into the US in January 2017 and May 2017 was your 2nd wedding anniversary, when was your Green Card issued? You didn’t come in in January 2017 and got your green card in January 2017, or did you? 

[Pinkrlion 2,617]

11 hours ago, Pinkrlion said:

I am not sure where u get January from to remove your conditions, when ur divorce was finalized, you were to file ROC in May 2018 with waiver.  

That's what I said a page ago.  He was to ROC when his divorce was finalized, now he has another problem, as he received GC based on marriage.  

[geowrian 22,336]

17 minutes ago, mindthegap said:

With a divorce waiver you can file at any time between gaining permanent residence, and an order of removal by an immigration judge. 

You do not have to file in the usual 90 day joint filing window.

While technically true regarding when you can file an I-751, one is still required to file before the 2 year anniversary of becoming an LPR to comply with the law. Failure to file is cause for removal.

But yes, the 90 day window piece is gone.

[mindthegap 2,550]

3 hours ago, geowrian said:

While technically true regarding when you can file an I-751, one is still required to file before the 2 year anniversary of becoming an LPR to comply with the law. Failure to file is cause for removal.

But yes, the 90 day window piece is gone.

Definitely not breaking the law - it even specifically states in the 751 instructions that this is permitted regarding waiver filings.

You remain a LPR during a denial letter, an NTA, and court proceedings and are entitled to proof of this LPR status, and can legally file a waiver at any time right up until a judge makes a final determination. It is also buried somewhere else and demonstrated in various case law pieces I can't be bothered to dig out right now.

Hence when filing waiver 751s after expiry you don't even need to include a request to accept a late filing - they are automatically accepted...unlike a late joint filing which can be rejected without good cause.

 

[geowrian 22,336]

3 minutes ago, mindthegap said:

Definitely not breaking the law - it even specifically states in the 751 instructions that this is permitted regarding waiver filings.

You remain a LPR during a denial letter, an NTA, and court proceedings and are entitled to proof of this LPR status, and can legally file a waiver at any time right up until a judge makes a final determination. It is also buried somewhere else and demonstrated in various case law pieces I can't be bothered to dig out right now.

Hence when filing waiver 751s after expiry you don't even need to include a request to accept a late filing - they are automatically accepted...unlike a late joint filing which can be rejected without good cause.

That doesn't make sense, though. If you aren't required to file up until and even after you are in front of an IJ, then what would you get an NTA for in the first place? The non-filing would be the cause for the NTA.

Note that the single filer waivers only apply if you actually file the I-751.

The waiver can be filed at any time, but the I-751 itself is still required to be filed within the 2 year period as a matter of law. The fact that they accept them later doesn't change the obligation to file. Maybe it's splitting hairs as there isn't an actual punishment to filing late (except filing too late and getting an NTA), but the 2 year period still applies.

 

Also see https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html#0-0-0-469

[banteras 0]

7 hours ago, USS_Voyager said:

They generally don't make mistakes like this. 

You must be new to USCIS 😂

( YES. It will be a new "Matter of Banteras VS Attorney General ) 😁

 

I mention again the summary of the events:

 

25 MAY 2015. Marriage took place overseas.

I-130 approved the next days. Consular proceed.

Visa issued on December 2016. The delay was due to insufficient I-864 . Problem solved.

Admission on 28 Jan 2017.

Actual card arrived in the mail 3 months later.

Divorce finalized on May 2018.

Out of country from end of May 2018,  because lease expired and i had no place where to live.

 

I m facing another problem now. 8 Months out of country  I will have problem at the POE. Maybe they will send me to the judge to strip the green card. It depends on the person. The USCIS say you can be out of country for one year. In another law there is the 180 days rule. I missed this window.  Or maybe they start to ask questions under oath, when i married, do you live together e.t.c. I must say the truth. And if the truth comes up about the wrongly card it will be a deportation order for sure.

I m not sure if i can still file the i-751 if you have a receive a notice to appear. Questions in form are asking Are you in removal, deportation, or rescission proceedings?

So, do you think to attempt to enter US and file from inside or file from overseas and use a friends US address where it will also be the place to stay if i enter?

In the second scenario, i would at least wait for the extension letter ( my friend will send it to me ) and try to enter with the receipt, explaining at the POE that the delay was due to the wrong card and my obligation to file i-751. This sounds legit i believe.

 

 

[mushroomspore 3,043]

8 hours ago, USS_Voyager said:

They generally don't make mistakes like this. 

Lol, sadly yes they do. A lot. My GC had the wrong "resident since" and "expiry" dates. They put our filing date instead of our approval date, making the GC valid from 2017-2019 instead of 2018-2020. They also did a HUGE recall earlier this year for a batch of RoC-approved 10-year GC's that were misprinted. 

[Crazy Cat 39,928]

1 hour ago, banteras said:

In another law there is the 180 days rule.

Really?  Can you provide a source for this law?