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-   -   Divorce Help:( (https://britishexpats.com/forum/marriage-based-visas-35/divorce-help-495106/)

Noorah101 Nov 20th 2007 2:27 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5578624)
This was before we were going to be divorced.

It doesn't matter! For couples who are still married, and remain married, who file a JOINT I-751 petition, file it during the 90-day window just prior to your 2nd anniversary as a PR.

Rene

Poppy girl Nov 20th 2007 2:28 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5578594)
Basically you have your interview for Conditions removed a year after your receive your Conditional Green Card.

We haven't recevied a date, but 3 months before a year was up we have to file a paper, then the following months we would have 2nd interview.


Oh I see what made you think July but that might not be the case its not set in stone.

Noorah101 Nov 20th 2007 2:30 am

Re: Divorce Help:(
 
http://www.uscis.gov/files/form/I-751instr.pdf

When Should I File the Form I-751?

1. Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

2. Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed.

Jamma72 Nov 20th 2007 2:41 am

Re: Divorce Help:(
 
As you can tell im not to ofay with these matters:)

I see what your saying about the I-751 form, thats when you have your conditions removed.

Sorry for sounding like an idiot.

Jaime

Poppy girl Nov 20th 2007 2:43 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5578668)
As you can tell im not to ofay with these matters:)

I see what your saying about the I-751 form, thats when you have your conditions removed.

Sorry for sounding like an idiot.

Jaime

Hey you are not an idiot its just that we read more on the topic and I personally am in the same situation.

Rete Nov 20th 2007 4:11 am

Re: Divorce Help:(
 
I-751 for removal of conditions

A CPR files for removal of conditions 90 days before the expiration date on his green card. Not one day before and not one day after with the exception of a divorced file who can file the I-751 at any point after their final divorce decree is received.

Remember it has nothing to do with your wedding anniversary.

snowbunny Nov 20th 2007 4:21 am

Re: Divorce Help:(
 

Originally Posted by Rete (Post 5579013)
A CPR files for removal of conditions 90 days before the expiration date on his green card. Not one day before and not one day after with the exception of a divorced file who can file the I-751 at any point after their final divorce decree is received.

Wait a minute.... we have to file precisely on the 90th day and not the 89th?

I'm doing well to get the taxes in even with the automatic extension....

Jamma72 Nov 20th 2007 4:22 am

Re: Divorce Help:(
 
Thanks Rete,

Im starting to get the picture.

So would you say my first step would be to get my Divorce settled first?

The 60day period would be around july in my case.

Thanks

Noorah101 Nov 20th 2007 4:27 am

Re: Divorce Help:(
 

Originally Posted by snowbunny (Post 5579051)
Wait a minute.... we have to file precisely on the 90th day and not the 89th?

I'm doing well to get the taxes in even with the automatic extension....

Snowbunny,

Anytime during the 90 days, but not before the 90 day window, and not after the 90 day window.

Rene

Noorah101 Nov 20th 2007 4:29 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5579054)
Thanks Rete,

Im starting to get the picture.

So would you say my first step would be to get my Divorce settled first?

The 60day period would be around july in my case.

Thanks

Yes, get the divorce settled first, and get your divorce decree in-hand.

I don't know what 60 days you are referring to, sorry. Do you perhaps mean the 90-day window for filing the I-751? If so, once you have the divorce decree you no longer need to wait for that window, you can file the I-751 at any time once you have the divorce decree.

Rene

meauxna Nov 20th 2007 4:31 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5579054)
Im starting to get the picture.

So would you say my first step would be to get my Divorce settled first?

The 60day period would be around july in my case.

I wouldn't say that... you still have a couple of options. This is not something you can simplify down to one, tidy answer.

Please read this article and see if more becomes clear:
http://www.familybasedimmigration.co...505#conditions

Jamma72 Nov 20th 2007 4:34 am

Re: Divorce Help:(
 

Originally Posted by Noorah101 (Post 5579081)
Yes, get the divorce settled first, and get your divorce decree in-hand.

I don't know what 60 days you are referring to, sorry. Do you perhaps mean the 90-day window for filing the I-751? If so, once you have the divorce decree you no longer need to wait for that window, you can file the I-751 at any time once you have the divorce decree.

Rene

Thanks again Rene,

I understand perfectly now:)

Just one other thing, is it best to get an attorny to fill out and file the I-751 or is it pretty straight forward?

Noorah101 Nov 20th 2007 4:40 am

Re: Divorce Help:(
 

Originally Posted by Jamma72 (Post 5579107)
Thanks again Rene,

I understand perfectly now:)

Just one other thing, is it best to get an attorny to fill out and file the I-751 or is it pretty straight forward?

Please see meauxna's post for more options other than the direct one I gave you.

Using an attorney is totally your choice. If you don't feel confident in filling out the I-751 and collecting good evidence of your bona-fide marriage, you might want to hire an immigration attorney. You might want to have just a 1-time consultation with an immigration attorney to make sure you are doing things the right way, since you had so much misinformation from the start.

There are people who have successfully removed conditions both with and without an immigration attorney. The choice is really yours to make.

Rene

Rete Nov 20th 2007 4:52 am

Re: Divorce Help:(
 

Originally Posted by snowbunny (Post 5579051)
Wait a minute.... we have to file precisely on the 90th day and not the 89th?

I'm doing well to get the taxes in even with the automatic extension....


Poorly worded for some. Sorry about that.

It is not one day before the 90th day and not one day after the expiration date.

Hope that is clearly for everyone.

Jamma72 Jul 16th 2008 4:26 am

Re: Divorce Help:(
 
Hi Guys,

Im getting ready to fill in my I-751 and accumilate some evidence that marrage was in good faith.

Although now im getting some bad vibe about this step from what i have been reading and lawyers telling me it will be about $1500 for them to do it because its complicated.

I was under the impression that i fill out the form, 2 pages!!(which im doing with a non immigration attorney) and gather evidence that the marrage was genuine.

Im happy to do this but what could go wrong and what maybe the consiquences if not done through an attorney?

Thanks

btw i have until the 27 of July to do this, which is when my Green card expires


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