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MelloFrenchMan

I-751 when to submit?

By MelloFrenchMan in Removing Conditions on Residency General Discussion

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Crazy Cat Grand Master

Crazy Cat   39,233

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3 minutes ago, NikLR said:

~~moved to ROC from K1~~

 

 

Thanks.......Sometimes, I get involved in the thread without even looking at where it was posted....sorry.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat
Crazy Cat

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

Bruce Herrington
Bruce Herrington

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

Crazy Cat
Crazy Cat

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.

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NikLR Grand Master

NikLR   13,220

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OKay OP to clarify,

 

You can file anytime between the divorce finalizing and the expiration of your green card.

Or

up to 90 days before your green card expires. 

 

So wait for the divorce, if it's not finalized before your green card expires, file anyhow with a divorce waiver and they will RFE for it. 

 

While others have successfully filed after the green card expires, I do not suggest anyone do this regardless of your relationship status. 

Just now, missileman said:

Thanks.......Sometimes, I get involved in the thread without even looking at where it was posted....sorry.

me too :D

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,220

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@Bruce Herrington

Extreme hardship only needs to be proven in the case where the other 4 do not apply.  Each numerical point is completely separate.  You can apply with any ONE or combination of them.   

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Bruce Herrington Apprentice

Bruce Herrington   8

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2 minutes ago, NikLR said:

@Bruce Herrington

Extreme hardship only needs to be proven in the case where the other 4 do not apply.  Each numerical point is completely separate.  You can apply with any ONE or combination of them.   

I agree but if 1 applied, no divorce would be pending, 2 cant work because divorce isn't final, 3, requires being battered, 4 requires a parent involved. 

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Crazy Cat Grand Master

Crazy Cat   39,233

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1 minute ago, Bruce Herrington said:

I agree but if 1 applied, no divorce would be pending, 2 cant work because divorce isn't final, 3, requires being battered, 4 requires a parent involved. 

So would you suggest waiting until a person is in removal proceeding if the divorce decree is not yet final?  I certainly wouldn't.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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NikLR Grand Master

NikLR   13,220

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5 hours ago, Bruce Herrington said:

I agree but if 1 applied, no divorce would be pending, 2 cant work because divorce isn't final, 3, requires being battered, 4 requires a parent involved. 

You can apply before the divorce is finalized but when the card is 90 days within the expiration.  It's normal. They RFE for the divorce decree. They will not deny outright for a missing divorce decree if you apply at the appropriate time. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Bruce Herrington Apprentice

Bruce Herrington   8

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11 hours ago, NikLR said:

You can apply before the divorce is finalized but when the card is 90 days within the expiration.  It's normal. They RFE for the divorce decree. They will not deny outright for a missing divorce decree if you apply at the appropriate time. 

You can't support that claim with any USCIS policy.  The fact is, It could go either way.  https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.htmlimage.png.9d34b4180f7f49f12635d72b34e2728a.png

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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1 hour ago, Bruce Herrington said:

You can't support that claim with any USCIS policy.  The fact is, It could go either way.  https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.htmlimage.png.9d34b4180f7f49f12635d72b34e2728a.png

Sure I can.  Have you looked through the ROC forum anytime recently. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,220

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Sweetie, You started an immigration journey in 2018.  Dunno if it's your first one or not.  But I've been a part of this forum since 2012.  I have yet to see someone denied outright for a divorce decree in a I-751 divorce waiver.  People normally send some sort of evidence showing they are going through the divorce proceedings.  While forgetting to send your marriage certificate with your AOS will result in a denial if they even accept the package (they normally do not) this is a different story and probably the only time the USCIS shows any compassion and understanding that the divorce process can take some time. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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1 minute ago, Bruce Herrington said:

USCIS posts policy in the Forums that contradicts Policy on there website?

No.. you're being deliberately obstinate.   Historical evidence based on filings of human beings who are going through the procedure.

Now is it "possible" yes.  Have they yet? Not that I've seen in 8 years. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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