sanaz

Hello Everyone,
I know that some people have problems with the divorce and I-751 filling.
I just got an email notice telling me that my new card has been ordered.
My timeline is as follows. I have to mention that I got married in Oct 2003. I got my conditional permenant residency in Feb 2004. I got divorced in April 2006.
I had to apply for removal of conditions in Feb. 2006 during which I was separated but not divorced yet. Since I was sure that I wanted a divorce, I filled my I-751 alone and checked the divorce option. I filled a lot of supporting documents (deed to our house, checking and saving accounts in both our names, utility bills in both our names, our auto insurance, health insurance, life insurance, photos, our trips abroad together, affidavits from friends, neighbours and family, pictures,.......The documents were about 2 feet thick!!). At the end of July, I got a notice saying I should send them my divorce decree. After I sent them the divorce decree I got another notice telling me that the date on my divorce decree (April 2006) is after the original filing date of my I751 (Feb 2006) and I have to file the I751 and all the supporting documents again. So I did that in August 2006. In spetember I got the biometrics appointment and I got it done. Yesterday I got an email that they have ordered my new card on March 7th 2007.
The important things that you need to remember is that you need to send them lots of supporting documents if you want to get approved without any interview like me. Also you have to make sure that you do send your I751, 90 days prior to your second year anniversary. It does not matter if you are filling alone or not but you have to do it untill your divorce finalizes ..just include a notice explaining the fact that you are separated and waiting for your divorce to finalize.

Let me know of you have any questions.
Good luck to all of you

Noorah101

Congratulations and thank you for the update. We don't usually hear the outcome of people in this situation.

Rene

ian-mstm

I'm not sure why you filed originally! You are not supposed to file by yourself until the divorce is final... and the instructions clearly state that you are allowed to delay filing when circumstances are beyond your control. This would include the date a divorce becomes final.

Anyway, it seems to have worked out for you. They could have simply denied your original filing.

Ian

sanaz

If you do not file by yourself during the 90 days before your 2 year anniversary then you will have failed to follow the rules and you will become out of status and subject to removal. By filing (although your divorce is not final) you are avioding the situation of being out of status and subject to removal.
I asked the USCIS and they themselves told me that I should file in the 90 day period even though my divorce was not final.

Sanaz

Rete

Like in the olden days when you were short of funds and sent a check to the creditor without a signature thereby ~buying~ time.

Also who in USCIS told you to file? Was it the 1-800 misinformation line?

sanaz

I made an info pass appointment and asked the office in the baltimore office in person.

ian-mstm

Whoever answered your question and told you to file knowing you were *ineligible* at the time, gave you poor advice. You're lucky you weren't denied outright. As I say, it worked out for you so I guess this is all water under the bridge now... but it easily could have gone the other way. I will say though, I like your picture! Cute... very cute!

Ian

sanaz

Thank you for the compliment Ian . The officer told me that I will most probably get denied but he told me that I should do it anyways. Because if you do not apply for removal of conditions during the 90 day period, you will be considered for removal. If you do apply for it though, even if it gets denied (due to the fact that your divorce was not finalized by then), they will give you a couple of months time period to apply again, this time being divorced and including your divorce decree.
If you do not apply in the 90 day period you are jeopordizing your case. So you should apply no matter what. The worse thing that can happen is you will get denied because your divorce was not finalize and they will give you a time frame to apply again. This way you will never be out of status and you will never be considered for removal.

Sanaz

sanaz

Hi Everyone,
I received my 10 yr GC in the mail yesterday. Just wanted to let you know my timeline. I sent my I-751 to Vermont.

NOA: August 21st 2006
Biometrics: September 6th 2006
Email Notice: Card production ordered on March 7th 2007
Green card received in the mail on March 14th 2007

Good luck to all of you
Sanaz

wildestkabs

Cool. Congrats!!

I am filing mine next week, under a good faith waiver. I am not hiring a lawyer. Did you hire one?

Ian, agreed. She is cute.

sanaz

I did not hire a lawyer. You do not need one. Is your divorce already complete or not?

Thanks for the compliment .

Sanaz

wildestkabs

Yes, it got finalized this month. I have been slacking a little bit, but I have also been tied up with lots of stuff. But this weekend, I will prepare my package and file it next week.

sanaz

OK that is good. Make sure you include your divorce decree and send lots of documents. I sent everything that I had, It ended up being one big box. Send pictures and affidavits as well, I had affidavits from friends, neighbours and family. If you need more specific information let me know and good luck.

Sanaz

wildestkabs

I just sent you a pm.

sanaz

I did not get it. can you send it again......