I-751 - waiver Filing? (Divorce not final)

[Shoojah 1]

Hello VJ people, 

 

Here is a breakdown of events, looking for some help in regards to filing my removal of conditions and divorce, and needing to travel soon-ish.

 

• California based PR
• Married in May 2020
• Got 2-Year Green card July 2021
• Marriage has been rocky the last 6 months, separated March 2023
• Filed for divorce end of April 2023, so will not get final divorce papers until October.
• No fault divorce, so will take 6 months hopefully not longer
• I am still at same address but moving June 1st, will filing i-751 in the next week or two and then AR-11 in June when I plan to move delay things?

 

I am in my 90 day window before Conditional GC expires middle of July. 

I have most of my evidence to prove bona-fide marriage

I am just waiting for the stamped papers from the court saying I have filed for divorce.

I was told this is enough to file the I-751 but I have concerns.

 

My question is, since I have filed but the divorce is NOT final yet. Do I file the i-751 waiver, now ? Which is a little over 2 months before my GC expires. Do I check divorced for question #13, and date marriage ended? The other big thing is, I am in my best friends wedding in Mexico the first week of August, and I am in the wedding party. If I wait to file I-751 will I get a I-797C before then to re enter the US.

 

 

Not an ideal situation but these are the cards I have been dealt with.

[OldUser 5,099]

Hi, I am sorry to hear your marriage didn't work out.

 

2 hours ago, Shoojah said:

I have most of my evidence to prove bona-fide marriage

Do you have evidence of joint lease, comingling finances, filing taxes together?

 

2 hours ago, Shoojah said:

I was told this is enough to file the I-751 but I have concerns.

Who evaluated your situation? You're right to be concerned. I-751 with divorce waiver usually requires meeting a higher standard.

2 hours ago, Shoojah said:

Do I file the i-751 waiver, now ?

You can no longer file jointly, so I-751 with waiver is the only option.

 

2 hours ago, Shoojah said:

The other big thing is, I am in my best friends wedding in Mexico the first week of August, and I am in the wedding party. If I wait to file I-751 will I get a I-797C before then to re enter the US.

You cannot travel internationally without I-797C and expired GC. Usually it takes 4-8 weeks to receive it after filing.

Edited May 7, 2023 by OldUser

[Shoojah 1]

10 hours ago, OldUser said:

Hi, I am sorry to hear your marriage didn't work out.

 

Do you have evidence of joint lease, comingling finances, filing taxes together?

 

Who evaluated your situation? You're right to be concerned. I-751 with divorce waiver usually requires meeting a higher standard.

You can no longer file jointly, so I-751 with waiver is the only option.

 

You cannot travel internationally without I-797C and expired GC. Usually it takes 4-8 weeks to receive it after filing.

 

Yes I have all those files etc. bank statements, insurance, joint taxes. 

 

A person with some legal background helped me file for divorce, but not an attorney. My question was mostly for filling out the question like, when did the marriage end? the date of seperation? the date I filed or the date of final divorce, which hasn't happened yet. I guess I can put down, divorce is in proceedings for question 13. 

 

I'm aware I need a  I-797C, hopefully I get my  I-797C and then it's a bit before they send an RFE for the divorce decree.

 

 

[Chancy 6,233]

On 5/6/2023 at 8:38 PM, Shoojah said:

• Filed for divorce end of April 2023, so will not get final divorce papers until October.
• No fault divorce, so will take 6 months hopefully not longer
• I am still at same address but moving June 1st, will filing i-751 in the next week or two and then AR-11 in June when I plan to move delay things?

 

I suggest waiting to file I-751 until after you move.  File AR-11 after moving.  Afterwards, file I-751, listing your new address as your current physical address.

 

Here's one example of a case where the GC was misdelivered after the filer moved during the I-751 process -- https://www.visajourney.com/forums/topic/800097-destroyed-i-751-card/

 

Note that there is no 90-day window for I-751 filing with divorce waiver.  You may file anytime, even after your GC has already expired, as long as you haven't received NTA for removal proceedings.

 

From the I-751 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

"You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

 

[Shoojah 1]

On 5/11/2023 at 8:48 AM, Chancy said:

 

I suggest waiting to file I-751 until after you move.  File AR-11 after moving.  Afterwards, file I-751, listing your new address as your current physical address.

 

Here's one example of a case where the GC was misdelivered after the filer moved during the I-751 process -- https://www.visajourney.com/forums/topic/800097-destroyed-i-751-card/

 

Note that there is no 90-day window for I-751 filing with divorce waiver.  You may file anytime, even after your GC has already expired, as long as you haven't received NTA for removal proceedings.

 

From the I-751 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

"You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

 

 

What about this question? the wording is confusing me.

21. If you are married, is this a different marriage than the
one through which you gained conditional resident status?

Am I married? I filed but divorce isn't final? Should I put N/A?

[da95826 387]

If you are still married when you filed, the waiver (filed for divorce but no decree yet issued) then it would be no. 

[Shoojah 1]

2 minutes ago, da95826 said:

If you are still married when you filed, the waiver (filed for divorce but no decree yet issued) then it would be no. 

 

I have not filed yet. I am going to file with divorce waiver in a few weeks. But Divorce is not finalized. The questions on the form are confusing because you file with waiver or not, so this limbo area when you file while you're divorce is pending is making me scratch my head.

 

[da95826 387]

Yes, USCIS will issue an RFE for the divorce decree if you file the waiver case without one. Hopefully, you will have the decree in hand by the time you need to respond.  Not sure of the timeline USCIS will ask for it so I would make sure the divorce is fast tacked. I751 cases are slow so hopefully it will some time before you get the RFE.

 

Also, when you file the i751 waver you will need to provide good faith proof of the marriage for the time between the time you were married to the time of separation. So, you will need proof of cohabitation and commingling of finances. Joint lease, joint taxes, joint bills, photos, affidavits, joint bank statements, joint insurance and so on during the marriage when you were together.

[Shoojah 1]

On 5/28/2023 at 9:08 PM, da95826 said:

If you are still married when you filed, the waiver (filed for divorce but no decree yet issued) then it would be no. 

 

so I spoke to a lawyer who gave me the opposite answer.

 

21. N/A

Someone who got a conditional greencard through marriage and divorced and has also since remarried would say yes.

Someone who is still currently married and filing as married would check no.

You are filling it out as divorced /divorce waiver even though the divorce is not finalized.