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I'm filing to Remove Conditions on my Green Card, and planning on using the Divorce Waiver but I seem to be in a grey area as it pertains to filling out the I-751.

The divorce is final on August 21st.

My Green Card expires on Sept 9th.

I want to have my ROC package in the mail by August 1st to make sure there's enough time before my Green Card expires for it to arrive and enter the system - I desperately do not want to accidentally be out of status because of a mailing issue.

I have a judgement in hand stating that the divorce will be final on the above date; I live in California where there is a 6 month processing period for a divorce to be official from date of filing even if a judgement is reached before the 6 month wait is up.

The I-785 seems to only have 2 options - file jointly as married, or file alone as divorced. Technically I'm still legally married until August 21st, though I'm filing alone due to divorce and have that judgement.

In a divorce waiver case am I able to select "Divorced" as my marital status if I have the divorce judgement? It seems conflicting to select "Married" as present marital status, and then in the waiver section select "My marriage was entered in good faith, but the marriage was terminated through divorce."

Thank you!
 

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If you are sure your divorce will be final by Aug 21, then send i751 package after that. No need to send it by Aug 1. If you send it by Aug last week with 1-2 day delivery, all good. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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