seekinghelp

Hi there, I have a couple of questions:

1. What is the usual timeline for a I-751 waiver filing? While you file and until the interview I still have all the green cards rights, correct? (like travelling in and out the country, etc).

2. After my divorce is finalized, will I have a couple of months before filing to collect all the documentation I need?

Thanks a lot!

Noorah101

There isn't one. It can take as little as 6 months, or as long as 2 years.

Yes. After filing I-751, first you will get a 1-year extension letter. If it takes longer than that, you can make an Infopass appointment and go in person to get an I-551 stamp in your passport.

Once your divorce is final, you can file the I-751 w/waiver anytime up until your green card expires. You don't have to wait for the 90-day window, you can file the next day or a couple of months later, up to you. It might be smarter to collect all the documents you need starting now, keep them in a safe place, and then once you have your divorce decree you'll be ready to file right away.

Rene

S Folinsky

I would recommend deleting the bolded language.

Noorah101

Why? I thought they could file an I-751 all the way up until the expiration date of the 2-year green card?

Rene

seekinghelp

I believe Folinsky be correct. Once the divorce is final your status is automatically revoked.

Folinsky: what if I do not apply right away? If I receive a removal proceeding note, can I still apply then?

Noorah101

I disagree. Your status is valid until the expiration of your green card, even if you get divorced.

If you get put in removal proceedings, you must file a motion to reopen the case. You will need an immigration lawyer. But I do not believe you get put in removal proceedings just because you got divorced. You get put in removal proceedings if you don't file the I-751 within the 90-day window just prior to your 2-year green card expiration.

Rene

ian-mstm

I believe you're both correct... but that Mr. Folinsky is suggesting you can file the I-751 even after the GC expires!

Ian

Noorah101

Ah, I see. But then they risk getting put in removal.

Rene

lostlove

Hi:

If timeline means the time it takes for a 751 waiver to be processed, then its anywhere between few months to few years. The fastest I have seen is 4 months and the slowest 4 years.

Its in your best interest to file the waiver as soon as your divorce is final.

In addendum: Hire reputed counsel in your locale for the filing.

ian-mstm

I agree, but I'm not sure we were looking at the risk/reward ratio.

Ian