Saiki

I respect your opinion.We're entitled to just one little thing though, often overlooked and missed: fairness and respect when it comes to the processing timeframes of our applications, and not to be subject to an endless wait without any justification or cause. Simple and plain as it is. That was the point of her entire posting, btw, and not about me "deserving" or "feeling" better, or the government "owing" me anything. Looks like you missed/overlooked the whole idea. It's about respect man, nothing else. And we're all entitled to it, you included. Take it easy.
 

Hi Jim, and fellow readers.
I agree with this, 100%. This is my first/and probably last ;)/ time posting here, my husband created the account (I'm the usc) and I just read random posts now and then. But I think this is going too far. Way too far.
When an individual wants/needs something from the government, there is a procedure to be followed, rules to be observed, laws to be respected and, of course, fees to be paid. That's called due process, and I believe most (if not all) here are fairly familiar with. 
So, if a government tells you to do all that in order to achieve what you pursue, it undoubtedly creates a reasonable expectation on the applicant (and family evidently) that a decision shall be made on an equally reasonable amount of time, with responsibility, objectivity, professionalism and respect. 
I don't see a lot of that going on, honestly. 
It's almost impossible not to consider 2 (yes, TWO) days worth of applications being processed in TWO MONTHS, an insult.
Not just an insult, it's disrespectful, unreasonable, and a slap on the face of those who follow through with whatever rules they create, obey the laws, and do the right thing. 
Now if there are some out there who feel safe and satisfied with the a stamp on the passport, I can understand and respect that.
But, as others had also pointed out, specially you Jimmy, I too get really worried with my spouse traveling back into the country and bumping into an officer who either doesn't know enough about the letter/stamp, or is having a bad day and decides to hold him down for God knows how long and for God knows what reasons. Every time I'm at work and get a call from him I panic. It's easy to say "it's ok, he is in status, don't worry ", but for me it's totally impossible to ignore or just turn a blind eye to all that's going on nowadays and what immigrants (illegal AND legal) are experiencing due to the new memos/guidelines/procedures. My husband couldn't get a very nice job not long ago because the employer didn't recognize the extension letter. Of course he tried to reason and explain what it meant and how it could be verified, but there was like 50 other guys after the job, so evidently someone else got it (please don't give me the BS about how we could sue the employer, they're free to hire as they see fit, withOUT justification). The employer simply said "and after the one year passes, then what? We're hiring long term.. ". That was it..we never heard the reasons, but I believe it became pretty clear.
So with all due respect I believe the rhetoric about being in status/low priority/backlogs/hiring freezes, etc.etc..are not enough to justify what we're being put through, nor are they causes just enough to explain the disproportionate delays. We deserve better, don't we :)??
 
 
 
 
 

Every case is going to be different. Small differences can make a big impact on what happens.
 
The 751 can be denied for a variety of reasons. It can be not showing bonafide proof (joint or waiver), it can be because its suspected of fraud (also joint and waiver) or it could be because you dont have the decree to qualify for a waiver.
 
In some cases you need to refile another 751 after the denial. I am not a lawyer and I dont know the exact specifics of your case/evidence or what the potential denial letter will state. If you end up getting a denial letter you need to speak to an attny to see if filing another petition is needed. I believe the filing of that second petition is what keeps you in status technically.
 
An immigration judge can not adjudicate a 751. They can only review the denial and "over ride it". Its very technical legal procedures and like I said, I am not an attny and do not have expertise in court matters. 
 
In your case you would receive a denial letter that includes NTA (notice to appear) wording.  As soon as you get the notice contact an attny for assistance. 
 
Im re-reading my post above and Im sorry I cant edit it because its not that clear! The two-year card has special provisions. One is that if you fail to file it- you lose your status. Another is if it is denied you lose you status. Thats why you often need to file a second 751- so you have one active and dont lose status. You can file more then one 751. I know that sounds strange but its a strange mess of legal procedures. An attny can guide you and keep you on the right path. 
 
I always hope that people in this situation have time on their side and are able to avoid immigration court, as its expensive and time consuming as well as stressful. For those that simply can not avoid it- there are ways to ensure your status is protected throughout the proceedings and you come out approved at the end but you need the help of an attny. On VJ court matters are never discussed as they are not really DIY. There are legal clinics and low cost immigration attny services for people that find themselves getting a NTA/denial. 
 
If you find yourself getting an RFE for the decree and you KNOW you wont have in time to mail back- consult an attny right then. Be proactive. Dont wait for the NTA-denial and then seek help.

The answer to the question above is YES. You can still work, travel, etc while you are waiting to present your divorce decree.
 
Most people do not realize that USCIS can not take your GC once its issued. Only an immigration judge can. USCIS refers you to the judge for the judge to cancel it.
 
The GC is simply a piece of plastic they give you to prove your status. If you are issued the two year or the ten year card-  it doesnt matter-It can only be taken away by a Judge, or surrendered by you. You still have status even if you dont have the card in your possession, or the card is expired. However the 2 yr card has a special provision which the 10yr does not. It "expires"- meaning if if you fail to file for ROC on time they can/will consider that failure your way of telling them you are surrendering the card. 
 
Once you file (on time) and it doesnt matter what type of petition it was (joint, divorce, abuse) - once you file you are telling them you want the card and are not exercising the option of failing to respond. Does that make sense? 
 
So for people that submit a joint and then switch to a waiver option, or even those who are in a joint but having difficulty getting approved- the same thing happens. USCIS will deny them and send them to immigration court. You are still a  permanent resident (PR) with all the benefits that comes with it. You will remain one until a Judge says you are not one anymore. So you go to court as a PR. Court can go on for months. All the while you are still a PR. The judge will give you time to get your decree and when you present it- case is closed and you are approved. There was never any impact to your legal status. 

 

There are many topics on VJ about this exact situation. No one can really tell you what to do, so I wont but I can give you some more detailed information so you can decide what course of action to take.
 
The USCIS only has two options for marital status. You are either legally married or you are divorced/not married. They do not have a status for 'separated' or 'pending divorce'. This means when you have to file your 751 ROC packet, you either do so joint as married (if you are legally married still) or divorced waiver, if you are legally divorced.
 
As you can see this makes an issue for those who are pending divorce. There is no status for them to choose as they dont really fit into the 2 choices. For your specific situation- you already filed a joint ROC. Its currently being processed. As long as you are still legally married when its adjudicated- you are fine to be approved as 'married' and joint ROC because you are legally married. But and this is a big BUT you run the risk of USCIS approving you with out knowing you have a divorce pending. If they approve you and later on find out you were in divorce proceedings when approved but not technically divorced- you can have issues. This would most likely be when you attempt to naturalize or if you petition someone else. Now no one wants to have potential issues with USCIS down the road- so it is recommended on VJ to notify USCIS of the filing of divorce.
 
Technically USCIS can not do anything when you notify them as there is no pending divorce category you can be moved into. So they give you the option to stay in the joint petition OR switch to a divorce waiver. If you stay on the joint petition you can expect an interview where you and your spouse will need to attend. If you switch to a divorce waiver they will want a copy of your divorce to approve it. If you dont have a divorce decree yet, you can run into a situation where they have to deny it for lack of decree and present it later in immigration court. But in that situation even though you have been denied by USCIS you are never out of status. Its just a hassle to deal with the court.
 
Now most attnys look at things in a very black/white mentality. Since the two filing options are either married or divorced thats all they see. Technically there is NO requirement to notify USCIS that you have initiated a divorce after filing a joint ROC. And as stated USCIS can not process your waiver petition until you have a final decree. But that doesnt mean you should do nothing. Because again, if they find out a divorce was initiated but not completed during the ROC process they can take the position (and they have in the past) of stating you did not disclose all the facts and were approved. They can reopen the case. So its best to disclose everything. You can wait for an RFE to tell them but you may not get one. You can wait for the interview to tell them but again, you may not get one.
 
Does any of that help?