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Divorce decree issued after temporary gc expiration (merged)

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Filed: Other Country: United Kingdom
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Hi everyone, I have a temporary green card that expires February next year. I am still currently married, however getting a divorce soon but have to wait until Novemver for the year's minimum separation that my state requires for the divorce. How will this effect my green card status and what steps should I take? I'm aware I have to apply for the removal of conditions 90 days before it expires, but due to having to wait until November to file for divorce, I am worried about what this will mean for the visa process?

 

I hope I explained this well. Thank you everyone in advance for your help.

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Filed: Citizen (apr) Country: Taiwan
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You will have to file your I-751 with a divorce waiver.  When do you expect a final divorce decree?

"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.

______________________________________

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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Filed: Citizen (apr) Country: Australia
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Since your green card expires in February 2023, it sounds like your 90 day window opens around the same time as you are legally able to file for divorce. I believe you have two options here:

  • File a joint I-751 before you file for divorce, then update USCIS that you are switching to divorce waiver after the divorce is underway 
  • File an individual I-751 after you file for divorce, and provide the divorce decree to USCIS once you have it (or in response to their RFE requesting it). 

I think there are pros and cons to both of these. If the divorce is fairly quick, there's not much to worry about either way because you'll get the divorce decree in hand and be able to send it off to USCIS quickly regardless of how you originally filed (joint or individual). But if there's a chance the divorce process can drag on a long time, it gets a little tricky because a) you don't want to get an approval on a joint petition if you end up divorced before USCIS is notified but b) you also don't want USCIS to issue an RFE for the divorce decree too soon and miss the deadline to respond because you don't have the decree yet. 

 

Maybe @mindthegap can offer some insight. 

K1 to AOS                                                                                   AOS/EAD/AP                                                                      N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

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06/14/2019 - Mailed AOS Packet                                    05/10/2023 - APPROVED!

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Filed: Citizen (apr) Country: Kenya
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Unless you have divorce decree on hand before I-751 filing OR you're sure the divorce will be done within atleast 6 months from November (April 23), I would file as joint and update USCIS as once I get the divorce certificate. 

 

I wouldn't suggest filing divorce waiver now incase divorce drags, you end up getting an RFE that you cannot furnish and ultimately get your ROC denied and you have to start a fresh. With that, you'd have wasted time and $$$.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: Citizen (apr) Country: Taiwan
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33 minutes ago, beloved_dingo said:

Since your green card expires in February 2023, it sounds like your 90 day window opens around the same time as you are legally able to file for divorce. I believe you have two options here:

  • File a joint I-751 before you file for divorce, then update USCIS that you are switching to divorce waiver after the divorce is underway 
  • File an individual I-751 after you file for divorce, and provide the divorce decree to USCIS once you have it (or in response to their RFE requesting it). 

I think there are pros and cons to both of these. If the divorce is fairly quick, there's not much to worry about either way because you'll get the divorce decree in hand and be able to send it off to USCIS quickly regardless of how you originally filed (joint or individual). But if there's a chance the divorce process can drag on a long time, it gets a little tricky because a) you don't want to get an approval on a joint petition if you end up divorced before USCIS is notified but b) you also don't want USCIS to issue an RFE for the divorce decree too soon and miss the deadline to respond because you don't have the decree yet. 

 

Maybe @mindthegap can offer some insight. 

 I'm not sure I would want to file a joint I-751 at that point if a divorce is inevitable.  I wouldn't be comfortable saying it is a joint I-751.  I think I would wait and file with a waiver just before the Green Card expiration date in February.  Just my thoughts out loud..  LOL.

Edited by Crazy Cat

"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.

______________________________________

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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Filed: Citizen (apr) Country: Taiwan
Timeline

The timing of events makes this one tougher to call, imo.  

"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.

______________________________________

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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Filed: Citizen (apr) Country: England
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2 hours ago, prettylilraindrop said:

I'm aware I have to apply for the removal of conditions 90 days before it expires,

You don’t HAVE to apply 90 days before. It’s just the earliest date you are allowed to apply. You can apply in February as long as it arrives at USCIS before the GC expiration date. Get your application and evidence prepared and wait until you know more about the divorce situation.  The later you apply, the more time you have to stall receiving an RFE for the final decree. 

Edited by Wuozopo
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Everyone who has posted so far has missed one crucial factoid: You only have to file within the 90 day period with a joint filing. 
For a divorce or other waiver filing you do not have to, and you can file at any time before, during or after that window (at least, any time before an immigration judge terminates your residency, but as we are probably talking a matter of months here, that isn’t going to be an issue) without penalty and it is not classed as late. In other words, you don’t need an excuse or reason beyond ticking the waiver box instead of joint. 

Did you read the I-751 instructions? It’s explicitly stated in there that this is the case:
935387533_ScreenShot2020-04-14at19_59_50.jpg.6d7b26f9fa8a4c9585ad5d165a1a86f2.jpg

 

If you know with some reasonable degree of certainty how long the divorce will take, you can work it out from there. If it’s done and dusted in a couple of months by the time your card expires that makes it even easier, as filing a divorce file petition with a divorce waiver off the bat is way less hassle than filing a joint one and then switching it at a later date.

Even if it’s not done by the card expiry I’d also say it’s possibly worth holding off those extra months and then filing it outside of that window as a waiver off the bat too for less hassle, but then you may have to deal with the receipt of a letter of denial at some point prior to filing (which despite the wording of the letter does not terminate your status, right to work or travel, or anything of the sort). 
If you are certain of the timeline you can always file a waiver filing before expiry of your card, and then provide the final divorce when you receive an RFE for it… you do not have to be fully divorced to FILE a waiver filing, but you MUST be fully divorced for it to be approved, and for it to continue once asked for it. Standard RFE response time is 87/90 days…and who knows if they will send it out quickly or slowly. 


The choice is yours. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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11 minutes ago, mindthegap said:

If you know with some reasonable degree of certainty how long the divorce will take, you can work it out from there. If it’s done and dusted in a couple of months by the time your card expires that makes it even easier, as filing a divorce file petition with a divorce waiver off the bat is way less hassle than filing a joint one and then switching it at a later date.

Even if it’s not done by the card expiry I’d also say it’s possibly worth holding off those extra months and then filing it outside of that window as a waiver off the bat too for less hassle, but then you may have to deal with the receipt of a letter of denial at some point prior to filing (which despite the wording of the letter does not terminate your status, right to work or travel, or anything of the sort). 


The choice is yours. 

What he said.

Plus you DO NOT have the choice to file Joint while separated with intentions of divorce…

and filing w Divorce Waiver BEFORE you have a Final Decree in your hand does nothing but generate an RFE for the final decree. 
 

Do gather as much evidence of your married life asasp and if you are on civil terms w soon-to-be-ex, ask if she will write a Letter stating you had a real marriage…

 

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  • 1 month later...
Filed: Other Country: United Kingdom
Timeline
On 8/4/2022 at 9:48 PM, Family said:

What he said.

Plus you DO NOT have the choice to file Joint while separated with intentions of divorce…

and filing w Divorce Waiver BEFORE you have a Final Decree in your hand does nothing but generate an RFE for the final decree. 
 

Do gather as much evidence of your married life asasp and if you are on civil terms w soon-to-be-ex, ask if she will write a Letter stating you had a real marriage…

 

Thank you so much for this information. What would work as evidence of the marriage? I have joint bank statements showing we had a joint account, pictures etc. What else would be needed?

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2 hours ago, prettylilraindrop said:

Thank you so much for this information. What would work as evidence of the marriage? I have joint bank statements showing we had a joint account, pictures etc. What else would be needed?

As much as possible. Bills in both names, insurance, 401k plans with spouse beneficiary, plane tickets in both names, rental agreement with both names or property deed if you own your house. Joint memberships, kids birth certificates etc.

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  • 2 months later...
Filed: Citizen (apr) Country: Iran
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On 8/4/2022 at 11:26 AM, prettylilraindrop said:

Hi everyone, I have a temporary green card that expires February next year. I am still currently married, however getting a divorce soon but have to wait until Novemver for the year's minimum separation that my state requires for the divorce. How will this effect my green card status and what steps should I take? I'm aware I have to apply for the removal of conditions 90 days before it expires, but due to having to wait until November to file for divorce, I am worried about what this will mean for the visa process?

File for the i751 divorce waiver case whenever you can hopefully at the time you get your divorce decree.

 

Right now you need to collect and maintain proof of your bona fide marriage from marriage to separation. You need to show you had a shared a home with a common address provide a copy of a joint lease or mortgage, provide some mail to common address sent to each of you home address, W2/1099 forms for each of you will have home addresses on them, state ID with common address for each, affidavit affirming you live together in a shared home if needed. You need to show shared finances  with joint bank statements that show you were both paying for common bills and placing money earned into bank accounts throughout marriage.  Joint bills, Joint tax returns IRS transcripts, insurance together… collect financial statements and bills throughout the marriage until separation. Collect things you did as a couple, travel, photos together on holiday, photos together with family, kids birth documents, any big purchases together. If possible you can obtain an affidavit from your spouse indicating that that the marriage was bona fide but it just did not work out. 

 

It is a good time to collect and preserve your evidence needed for your i751 divorce waiver application.

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

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Filed: Citizen (pnd) Country: Malaysia
Timeline

Not sure if its helpful. I did my ROC last year in Sept after my divorce. I had an attorney filed for me and he mostly asked for paperwork that showed financial co-mingling. Joint bank account, cosign loans, his name on my car before I refinance, 401k, taxes, rental agreement. 

My timeline

Naturalization pending (5 years rule)

Local USCIS office: Chicago, IL

 

07/24/2024 Case submitted online

07/24/2024 Biometrics waived

09/12/2024 Interview scheduled

10/31/2024 Interview

 

 

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  • 1 month later...
Filed: Other Country: United Kingdom
Timeline

I am currently going through a divorce and have my court day february 9th, it’s a simple uncontested divorce so the divorce should be finalised and I should receive the divorce decree that day. However, my conditional green card expires february second. Im aware for the removal of conditions I would have to submit the divorce waiver with the decree, but as it expires before I will receive this, what should I do? Im not wanting to do anything that would jeopardise the visa is anyway. Thanks I’m advance for your help! 

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