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Re: Filing I-751 and separated from spouse. Please help
Originally Posted by MegGrae
(Post 8959498)
We have not looked at marriage or counseling. If USCIS can only start to process my I-751 once they have the final divorce decree then it could take months. I live in Washington DC, Im not sure how long it takes to get a fianal divorce decree but its probably several months. If the deadline is 89 days then all I can do is just hope I can get the decree in that time.
Its not looking very hopeful for me, but thanks for your advice and information. Once you've submitted all you can submit to USCIS, and you have the 1-year extension letter in hand, and have begun the divorce process, then go ahead and take a short vacation to clear your head. You are not the first or only one to be going through this...look for other posters on the forum for their I-751 with waiver experiences. In my layman's opinion, as long as you have enough proof of good-faith marriage, USCIS will be able to remove conditions once the divorce is final, and issue your 10-year green card. Rene |
Re: Filing I-751 and separated from spouse. Please help
Don't be pessimistic. Rene spelled out what you needed to do if the divorce is not final within the RFE period. It is far from hopeless. I don't know the cause for the pending divorce and it would appear from your writing that you and the soon-to-be exwife are not on good terms. That is a shame because you and she can still file for the removal of conditions if you are still together at the time of needing to file and there is no legal separation and/or divorce started.
I'm sorry that you feel that you must leave the US to recuperate as this means that you will have no home to return nor employment when you decide (or is that "if") to return to the US. |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by Noorah101
(Post 8959521)
USCIS will receive your I-751 w/waiver filing. They will issue the biometrics appointment and 1-year extension letter. They will notice there is no divorce decree with your I-751 package, and will issue an RFE for it. At THAT time, you send back whatever you have that proves you have a divorce in process...you will receive some paperwork when you begin the divorce...send back this paperwork if it's all you have. USCIS will most likely send another RFE reminding you of the need for a final divorce decree. Just keep responding to the RFE's as you get them. The 1-year extension letter lets you continue being a PR, continue living and working in the USA, until USCIS makes a final decision...which they won't do until you turn in the final divorce decree. You might be notified to attend an in-person interview at the end.
Once you've submitted all you can submit to USCIS, and you have the 1-year extension letter in hand, and have begun the divorce process, then go ahead and take a short vacation to clear your head. You are not the first or only one to be going through this...look for other posters on the forum for their I-751 with waiver experiences. In my layman's opinion, as long as you have enough proof of good-faith marriage, USCIS will be able to remove conditions once the divorce is final, and issue your 10-year green card. Rene Ok, thanks. I will forge ahead with this and try to stay optimistic about it |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by MegGrae
(Post 8959563)
Ok, thanks. I will forge ahead with this and try to stay optimistic about it
Also use this as a starting guide, but you should double check any assumptions before filing. http://www.familybasedimmigration.co...505#conditions |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by meauxna
(Post 8959799)
You said you're a longtime member at VJ, have you read diadromous mermaid's posts on the topic over there? You should.
Also use this as a starting guide, but you should double check any assumptions before filing. http://www.familybasedimmigration.co...505#conditions Yes, I have looked at diadromous mermaid's posting, thankyou. There are some good pieces of information in there that I can take on board. One last thing is that I was working up until October of this year but I am currently unemployed. Will that affect my I-751 application? |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by MegGrae
(Post 8960013)
Yes, I have looked at diadromous mermaid's posting, thankyou. There are some good pieces of information in there that I can take on board.
One last thing is that I was working up until October of this year but I am currently unemployed. Will that affect my I-751 application? |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by MegGrae
(Post 8960013)
One last thing is that I was working up until October of this year but I am currently unemployed. Will that affect my I-751 application?
Rene |
Re: Filing I-751 and separated from spouse. Please help
Originally Posted by Noorah101
(Post 8960155)
No, your employment is not a factor for the I-751.
Rene I am on good terms with my wife and I still love her more than anything. Thanks again, Grae |
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