I-751 when to submit?

[MelloFrenchMan 1]

Hello,

 

Im very new to all this my wife did all this before we separated.

 

I need some basic help! my 2 year conditional GC expires 03/08/21 and i know i need to submit a I-751 as we are currently in the middle of a divorce.

 

When do i need to submit this form? is it still 90days before my expiring date? do i also have to send any other paperwork? or just the waiver ?

Edited February 22, 2020 by MelloFrenchMan

[Crazy Cat 39,215]

If the marriage has ended, then you don't have to wait until the 90 day window opens...you can file early with a waiver......you will receive an RFE requiring the final divorce decree.  You should be prepared to provide convincing evidence that you entered the marriage in good faith.

https://www.uscis.gov/i-751

 

Edited February 22, 2020 by missileman

[Bruce Herrington 8]

1 hour ago, MelloFrenchMan said:

Hello,

 

Im very new to all this my wife did all this before we separated.

 

I need some basic help! my 2 year conditional GC expires 03/08/21 and i know i need to submit a I-751 as we are currently in the middle of a divorce.

 

When do i need to submit this form? is it still 90days before my expiring date? do i also have to send any other paperwork? or just the waiver ?

You can't submit the I-751 until your divorce is final unless you can prove you have been battered or abused. After the divorce you can file if you can prove an extreme hardship. The purpose of the 2 year conditional status is insure immigrants are immigrating for the right reason, not just get a green card.

Edited February 22, 2020 by Bruce Herrington

[MelloFrenchMan 1]

45 minutes ago, missileman said:

If the marriage has ended, then you don't have to wait until the 90 day window opens...you can file early with a waiver......you will receive an RFE requiring the final divorce decree.  You should be prepared to provide convincing evidence that you entered the marriage in good faith.

https://www.uscis.gov/i-751

 

 

Thank you for all of this! 

 

So as soon as my divorce is complete i can go ahead and do all this? no fee for this stage of the process? and no other forms to submit for my 10 yeah GC?

[MelloFrenchMan 1]

1 minute ago, Bruce Herrington said:

You can't submit the I-751 until your divorce is final unless you can prove you have been battered or abused. After the divorce you can file if you can prove an extreme hardship. The purpose of the 2 year conditional status is insure immigrants are immairating for the right reason, not just get a green card.

I will submit it once its final, i dont have to prove "extreme hardship" i just have to prove the marriage was real (which it was). Please dont assume people situations with comments like " immigrants are immairating for the right reason, not just get a green card."

[Crazy Cat 39,215]

3 minutes ago, Bruce Herrington said:

You can't submit the I-751 until your divorce is final unless you can prove you have been battered or abused. After the divorce you can file if you can prove an extreme hardship. The purpose of the 2 year conditional status is insure immigrants are immairating for the right reason, not just get a green card.

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

 

[Crazy Cat 39,215]

3 minutes ago, MelloFrenchMan said:

I will submit it once its final, i dont have to prove "extreme hardship" i just have to prove the marriage was real (which it was). Please dont assume people situations with comments like " immigrants are immairating for the right reason, not just get a green card."

You do not have to wait until the divorce is final...even if you have not been battered.........read the link I posted above.....

[MelloFrenchMan 1]

1 minute ago, missileman said:

You do not have to wait until the divorce is final...even if you have not been battered.........read the link I posted above.....

Thank you, I'm assuming that it would be better to have it all final if possible right? and then if it comes towards the end of my 2 year without it being complete i can go ahead and do it as stated above? what would be the latest i should submit?

[Bruce Herrington 8]

2 minutes ago, missileman said:

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

 

[Bruce Herrington 8]

4 minutes ago, MelloFrenchMan said:

Thank you, I'm assuming that it would be better to have it all final if possible right? and then if it comes towards the end of my 2 year without it being complete i can go ahead and do it as stated above? what would be the latest i should submit?

The 

i-751 instructions disagree. Your link to a paid service says to consult an attorney and isn't dated.You can file

anything you want if you want to waste the money by ignoring instructions. Your statements aren't baised on USCIS State Department facts, mine are.

Edited February 22, 2020 by Bruce Herrington
typo

[Crazy Cat 39,215]

The OP can file early if ANY of those are the case......#2 applies to the OP:

 

 

 

[Crazy Cat 39,215]

2 minutes ago, Bruce Herrington said:

The 

i-751 instructions disagree. Your link to a paid service says the consult an attorney and isn't dated.You can anything you want if you want to waste the money by ignoring instructions. Your statements aren't baised on USCIS State Department facts, mine are.

You should re-read your own post.......If ANY of those conditions apply, the OP can file early.....#2 allows the OP to file early before the final decree.

Edited February 22, 2020 by missileman

[Bruce Herrington 8]

Just now, missileman said:

You should re-read your own post.......If ANY of those conditions apply, the OP can file early.....

Agreed but which of the five do you say applies? 

[Crazy Cat 39,215]

1 minute ago, Bruce Herrington said:

Agreed but which of the five do you say applies? 

#2.  The OP will receive an RFE requiring the final decree.....

Edited February 22, 2020 by missileman

[Bruce Herrington 8]

Just now, missileman said:

#2

Requires divorce to be final. OP says divorce pending so dosen't apply