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may222223

filling i751 early due to separation and going to divorce soon

By may222223 in Removing Conditions on Residency General Discussion

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may222223 Newbie

may222223   0

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hi

my green card is gonna expire next year 2026 and i was wondering if i can file i751 early due that me and my husband are separated and definitely going to divorce soon, and because of his cheating ,and paying online to other people ,he said we are not compatible, he is willing to write affidavit of support and his brother willing to write affidavit witness to our marriage ,can i send i751 now or i have to wait until next year ? we are holding on divorce now because of financial issues from his side.

Crazy Cat Grand Master

Crazy Cat   45,259

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You do not have wait until the 90 day window opens if filing an I-751 waiver.  You can file early.

***Moved to the Removing Conditions on Residency forum***

"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.

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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.. 
 

OldUser Grand Master

OldUser   10,383

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29 minutes ago, Crazy Cat said:

You do not have wait until the 90 day window opens if filing an I-751 waiver.  You can file early.

***Moved to the Removing Conditions on Residency forum***

I thought one can file early if divorce is finalized before I-751 filing deadline?

Even if allowed to file now, I'd probably wait until dealine if divorce is not near completion. I wouldn't want to get RFE early personally. In states like California, separation is 6 months before couple can proceed with divorce.

Edited by OldUser
Crazy Cat Grand Master

Crazy Cat   45,259

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43 minutes ago, OldUser said:

I thought one can file early if divorce is finalized before I-751 filing deadline?

Even if allowed to file now, I'd probably wait until dealine if divorce is not near completion. I wouldn't want to get RFE early personally. In states like California, separation is 6 months before couple can proceed with divorce.

I agree.  I would always wait for the final decree since there is no "separated" waiver.

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.. 
 

Mozillaman Apprentice

Mozillaman   60

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Filed: Citizen (pnd) Country: Canada
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Posted (edited)
2 hours ago, OldUser said:

I thought one can file early if divorce is finalized before I-751 filing deadline?

Even if allowed to file now, I'd probably wait until dealine if divorce is not near completion. I wouldn't want to get RFE early personally. In states like California, separation is 6 months before couple can proceed with divorce.

Nothing would stop them from filing earlier... but without a final divorce decree, it can't be approved, and @may222223 would be in a pickle if you get an interview without the decree in hand. Wait until you have the decree and then file I-751 immediately with waiver. If you hit the 90-day window before you have the final decree in hand, file then even without the decree and note in the filing that you are waiting for it, and include other evidence with the waiver.

Edited by Mozillaman
OldUser Grand Master

OldUser   10,383

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16 minutes ago, Mozillaman said:

Nothing would stop them from filing earlier... but without a final divorce decree, it can't be approved, and @may222223 would be in a pickle if you get an interview without the decree in hand. Wait until you have the decree and then file I-751 immediately with waiver. If you hit the 90-day window before you have the final decree in hand, file then even without the decree and note in the filing that you are waiting for it, and include other evidence with the waiver.

Yep, that's what I would do too

 
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