Mrtravel

Claus wrote:
    >
    > Hi,
    >
    > You are right. I have no plans to get re-married any time soon. I really loved my
    > wife and I will stay alone for a while. I am not sure f I understand the last
    > comment. I thought that I can not file before 2 years after receiving the
    > conditional PR, which would be November 27, 2002 (exactly 2 years after receiving
    > the conditional PR).

If married, you file I-751 0-90 days before the green card expires. I recommend doing
it as early as possible. If divorced, you do not have to wait, you can file I-751
immediately after the divorce is final. A week or 2 after filing, you should get a
letter extending your green card status for a year.

Claus

So, what do I do when I am still married 90 days before but not 30 (for example) ?
Should I rather not file (with my still wife) and wait until the divorce is final ?

Thanks again,

Claus

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    >
    >
    > Claus wrote:
    > >
    > > Hi,
    > >
    > > You are right. I have no plans to get re-married any time soon. I really loved my
    > > wife and I will stay alone for a while. I am not sure f I understand the last
    > > comment. I thought that I can not
file
    > > before 2 years after receiving the conditional PR, which would be
November
    > > 27, 2002 (exactly 2 years after receiving the conditional PR).
    >
    > If married, you file I-751 0-90 days before the green card expires. I recommend
    > doing it as early as possible. If divorced, you do not have to wait, you can file
    > I-751 immediately after the divorce is final. A week or 2 after filing, you should
    > get a letter extending your green card status for a year.

Mrtravel

Claus wrote:
    >
    > So, what do I do when I am still married 90 days before but not 30 (for example) ?
    > Should I rather not file (with my still wife) and wait until the divorce is final ?

I would file as soon as possible. Either way, you are just as qualified. The proof
would still be the same, joint ownership, joint taxes, notarized statements, etc.

The time benefit of filing after divorce only exists if you divorce before you would
be eligible to file if still married. That is because it makes no sense to meet the
same waiting period since the waiting period is part of the verification process. If
you stay married, that is one bit of evidence of a valid marriage at the time you
became a PR. If you are no longer married, then there is no longer a need to wait.
As I said, once you hit the 90 day prior date, then you gain nothing, timewise, by
being divorced.