I751 with waiver

[dinamozagreb 0]

Good afternoon "US Immigration Community",

 

Before writing this down, I read a lot of articles with a lot of info here on VisaJourney but still I have some questions and also I would like to hear your opinion.

 

We got married 2017 in August. I was a J1 student, meet her in a bar, fall in love, got married, started my new life in USA. I filled for GC in December 2017, got my conditional GC in May 2018.Now years after, I have a good job, nice apartment, never any problems with police, paid taxes on time, all in all good resident so far. Only problem I got is my marriage. It is falling apart. Even before my first interview we had a big argument, but somehow we manage to get over it. After my interview things started to fall apart, and know (more then year after), finally, she called me and informed me that she filled for divorce. We don't have any kind of communication between us. We lived together for more then a year. but last couple of months she is staying somewhere else ( i think she have a new boyfriend). 

 

My conditional GC will expire in May 2020. I will need to file for I751 with a waiver with evidence that our marriage was in good faith. We have a bank account together, utility bills, insurance, lease for apartment and we did taxes together. Only problem is we don't have pictures together. I have couple of them, but not a lot. Since we are mostly fighting then sharing good times together. Ok, couple of questions for you guys. 

 

How long does it take for my divorce to get finalized?(First i need to sign the paperwork). (State NY)

Do I need to take a lawyer?

Would there be an issue because we don't have a lot of pictures together?

I saw couple of ppl filed for I751 with a waiver before their divorce got finalized. Should I do the same? Or should i wait for a divorce to get finalized?

Please if you have any advice, suggestion or anything, i'm ready to listen.

 

Thank you!

 

[USS_Voyager 1,972]

11 minutes ago, marin227 said:

How long does it take for my divorce to get finalized?(First i need to sign the paperwork). (State NY)

This is really not an immigration question. It dependa on the state obviously but generally few weeks to few months. That’s if no one contests anything.

 

14 minutes ago, marin227 said:

Do I need to take a lawyer?

People in your shoes have done it themselves

 

15 minutes ago, marin227 said:

Would there be an issue because we don't have a lot of pictures together?

No. Just send in what you do have

 

16 minutes ago, marin227 said:

saw couple of ppl filed for I751 with a waiver before their divorce got finalized. Should I do the same? Or should i wait for a divorce to get finalized?

You can do either one. If you file before the divorce is final, they won’t do anything until you send in the final divorce decree anyway

[PolarPear 8]

4 hours ago, marin227 said:

Good afternoon "US Immigration Community",

 

Before writing this down, I read a lot of articles with a lot of info here on VisaJourney but still I have some questions and also I would like to hear your opinion.

 

We got married 2017 in August. I was a J1 student, meet her in a bar, fall in love, got married, started my new life in USA. I filled for GC in December 2017, got my conditional GC in May 2018.Now years after, I have a good job, nice apartment, never any problems with police, paid taxes on time, all in all good resident so far. Only problem I got is my marriage. It is falling apart. Even before my first interview we had a big argument, but somehow we manage to get over it. After my interview things started to fall apart, and know (more then year after), finally, she called me and informed me that she filled for divorce. We don't have any kind of communication between us. We lived together for more then a year. but last couple of months she is staying somewhere else ( i think she have a new boyfriend). 

 

My conditional GC will expire in May 2020. I will need to file for I751 with a waiver with evidence that our marriage was in good faith. We have a bank account together, utility bills, insurance, lease for apartment and we did taxes together. Only problem is we don't have pictures together. I have couple of them, but not a lot. Since we are mostly fighting then sharing good times together. Ok, couple of questions for you guys. 

 

How long does it take for my divorce to get finalized?(First i need to sign the paperwork). (State NY)

Do I need to take a lawyer?

Would there be an issue because we don't have a lot of pictures together?

I saw couple of ppl filed for I751 with a waiver before their divorce got finalized. Should I do the same? Or should i wait for a divorce to get finalized?

Please if you have any advice, suggestion or anything, i'm ready to listen.

 

Thank you!

 

First, I'm fascinated by your timeline. How were you able to get your conditional GC in 6 months? I got mine 16 months after applying.

 

Anyways, I'm going through the same thing but I am filing for divorce. We been married for almost 3 years. I will be filing for a waiver. With something so important & you having a job, I would go consult with 2-3 lawyers. As of now, I have filed for divorce and I am meeting with 2-3 lawyers. They all charge $100-$200 consultation fees but I want to know their opinion. Show them everything you have and see what they say. 

 

I would divorce before you apply, should save you time because they will ask for it at the end. If you don't have your divorce decree, they will send an RFE. You will have 87 days to provide it after that, if not you will be denied. 

 

I wish you the best as I am going through the same exact thing. However, my wife's wants to continue the relationship but I don't. She got me arrested once, I'm scared of her. 

Just now, PolarPear said:

First, I'm fascinated by your timeline. How were you able to get your conditional GC in 6 months? I got mine 16 months after applying.

 

Anyways, I'm going through the same thing but I am filing for divorce. We been married for almost 3 years. I will be filing for a waiver. With something so important & you having a job, I would go consult with 2-3 lawyers. As of now, I have filed for divorce and I am meeting with 2-3 lawyers. They all charge $100-$200 consultation fees but I want to know their opinion. Show them everything you have and see what they say. 

 

I would divorce before you apply, should save you time because they will ask for it at the end. If you don't have your divorce decree, they will send an RFE. You will have 87 days to provide it after that, if not you will be denied. 

 

I wish you the best as I am going through the same exact thing. However, my wife's wants to continue the relationship but I don't. She got me arrested once, I'm scared of her. 

You don't have a lot of pictures, that's another reason to go to a lawyer. 

[dinamozagreb 0]

UPDATE: I have received my judgment of divorce. My GC is expiring in May 2020. Should I file to remove conditions now or I can wait until February 2020 (90 daays before it expire)? Do i need her signature for anything? Does anyone have bad experience with this ( hopefully not)?

Thank you

[TBoneTX 45,522]

You're eligible to file now, so do so.  Just include solid evidence of a good-faith marriage.  Many others have followed this path.

[NikLR 13,227]

You can file early IF you have the divorce decree. Otherwise you can wait and file in a few months and they will rfe for the decree if you still dont have it

[dinamozagreb 0]

Would there be an issue if I Don't file as soon as I receive divorce decree?

[Johuang 3]

On 2019/12/5 at PM2点45分, marin227 said:

更新：我已经收到离婚的判决。我的GC将于2020年5月到期。我现在应该申请取消条件，还是可以等到2020年2月（到期前90天）？我需要她的签名吗？有人对此有不好的经验吗（希望不是）？

谢谢

You have a divorce verdict, you don't have to wait 90 days.  You can now apply directly for a ten-year GC

[NikLR 13,227]

On 12/12/2019 at 8:34 AM, marin227 said:

Would there be an issue if I Don't file as soon as I receive divorce decree?

No. You have your choice of when to file once you have the divorce decree. 

On 12/12/2019 at 2:38 PM, Johuang said:

You have a divorce verdict, you don't have to wait 90 days.  You can now apply directly for a ten-year GC

You need the decree not just a verdict.  A judge saying you are granted a divorce means nothing without the decree from the courts proving it. 

[dinamozagreb 0]

UPDATE:

 

I'm preparing my documents and hopefully on Monday I will ship them to USCIS. From my last post, things with my ex spouse are getting better. We are finally communicating. She also send me a affidavit of support, should I include that to my package?

Another question, before we got divorced she was seeing psychotherapist and she was on meds and I have a proof for that. That was one of the reasons why we got divorced ( with a reason that she wants to move out to . Should I include that proof to my package as well? I mention it psychotherapist in my affidavit.

 

List of documents: utility bills last two years, taxes for 2017 and 18 filling jointly, My affidavit and 2 affidavits from our friends, lease of our apartment, health insurance, pictures, bank statement, recommendation letter from my job and a divorce certificate.

 

I would highly appreciate any advice.

 

 

[Quarknase 1,072]

On 3/8/2020 at 11:51 AM, dinamozagreb said:

UPDATE:

 

I'm preparing my documents and hopefully on Monday I will ship them to USCIS. From my last post, things with my ex spouse are getting better. We are finally communicating. She also send me a affidavit of support, should I include that to my package?

Another question, before we got divorced she was seeing psychotherapist and she was on meds and I have a proof for that. That was one of the reasons why we got divorced ( with a reason that she wants to move out to . Should I include that proof to my package as well? I mention it psychotherapist in my affidavit.

 

List of documents: utility bills last two years, taxes for 2017 and 18 filling jointly, My affidavit and 2 affidavits from our friends, lease of our apartment, health insurance, pictures, bank statement, recommendation letter from my job and a divorce certificate.

 

I would highly appreciate any advice.

 

 

Since you are filing with a divorce waiver you do not need her affidavit of support. It's moot point anyways since she signed it for your conditional greencard and it doesn't expire even after divorce.

You are filing on your own with a waiver, she is not involved in your removal of conditions any longer.

[Angie7 0]

On 12/5/2019 at 10:45 PM, dinamozagreb said:

UPDATE: I have received my judgment of divorce. My GC is expiring in May 2020. Should I file to remove conditions now or I can wait until February 2020 (90 daays before it expire)? Do i need her signature for anything? Does anyone have bad experience with this ( hopefully not)?

Thank you

Hi. I read your posts. How did everything go? I am on a similar situation.

Edited December 26, 2020 by Angie7

[dinamozagreb 0]

4 hours ago, Angie7 said:

Hi. I read your posts. How did everything go? I am on a similar situation.

They sent out RFE what I never received. I requested e-copy today and on Monday I will call USCIS center to see how to proceed. I will keep posted