totally_broken

Hi everyone,

I just lost all hopes, I tried my best to make my marriage work but it seems to me that divorce is my destiny. The strange thing about all this is the timing, my wife just text me two weeks ago that she is happy alone and I should stop worrying about her. I suffer so much emotionally but thought things will get better...

From the last two weeks I haven't slept properly, just don't know what kind of revenge is this. We have problems but well...I don't know what to do. Got a letter from USCIS to take an action to remove conditions on my conditional green card. Let me provide the time line of events:

married - Jan 6 2007
received C GC - March 2008
wife moved out - Jan 2009
C GC will expire - March 5 2010

From past two weeks I googled and find out that I need to file I 751 but since I am not divorced cant file waiver with good faith. Also if I start divorce proceedings in Jan 2010 (when 1 yr separation is complete) I'll definitely not get divorce decree before March 5 2010 (conditional green card expiration date). Guys plz help me to think straight...Is there any hope or should I start packing my bags?

Noorah101

I'm sorry to hear things aren't working out in your marriage.

There is hope. You just need to do more research on filing the I-751 with waiver. My understanding is that it can now be filed while the divorce is pending. Have a consultation with an immigration attorney to point you in the right direction.

Rene

ian-mstm

The rules changed recently... and I believe you can file even if the divorce is pending. Hopefully someone will confirm this shortly.


You are allowed to delay filing the I-751 if events are beyond your control... such as divorce!


Don't pack! You are a US permanent resident until such time as an immigration judge (not USCIS) says you aren't. Don't worry too much... we have seen many successful waivers.

Ian

totally_broken

Thanks Ian and Rene

You rekindled a much needed hope in me that all is not over yet...I was so down but now I am feeling much better. I will find an immigration attorney, hope he won't charge me too much fees...

I will keep you all good people updated with my case journey.

Thanks again guys.

TracyTN

This is true. I hope the link below will help clarify. Essentially, you can file when your GC is 90 days from expiring, regardless of your marital status - meaning if you've filed for divorce but do not yet have the final divorce decree. They will then send you an RFE for the final decree and give you 87 days to respond to it - that should be more than enough time for you to have gotten your final decree. Once you return that to them, your case should be processed normally. Be sure to send in proof of a legitimate marriage with your initial submission of course (joint bank accounts, mortgages, credit cards, car loans, insurance, etc). You'll still have to prove that you did not enter into the marriage for immigration benefit.

http://www.ilw.com/articles/2009,0924-lee.shtm

totally_broken

Thanks TracyTN

Do you know the timeframe of receiving RFE from I 751 petition submission? that is after how many months (or weeks) of filing I 751 you normally get RFE.

Any idea?

jeffreyhy

t_b,

Note that Rene suggested that you have a consultation with an immigration attorney, not that you hire one.

Based on what you learn from the consultation you can make an informed decision on whether or not you want to hire an attorney to work with you on your case.

Regards, JEff

Noorah101

Jeff is right. A consultation might cost you around $100 - $200. You do not have to hire the lawyer.

Rene

totally_broken

Yes, I guess I just need to consult probably make a list of questions and hope that the attorney provide correct answers to them. I will post my consultation experience here will keep everyone updated.

jeffreyhy

t_b,

Thanks for the offer to share, but be careful about what and how much you share. Many questions have multiple 'correct' answers:

- for some questions an attorney can only give an educated guess, the "correct" answer will only come when the authoritative government official gives what they think it should be.
- for some questions the answer depends on who's asking. Our attorney reminds my wife and I that if I'm asking he may have one answer, if she's asking he may have a different answer, and if we're jointly asking he may have a third answer. The answer can depend on whose interests are at stake.
- for some questions an attorney may give you one answer when it's in confidence, a different answer if they think you're going to share it with the world over the internet.

Regards, JEff

TracyTN

It's anyone's guess really - partially dependent on the service center you'll be filing with. CSC is definitely faster than VSC - but I guess a good ballpark for either would be 4 months or so after initial submission. By which time you'd likely have your final decree anyway and thus be prepared for the RFE.

totally_broken

Thanks TracyTN for the info. I also consult with an immigration attorney, according to him I can file I 751 as a waiver before my diovrce is final or in process afterwards I can submit the divorce decree in reponse to a RFE. He was sounding as if this case is very...which I rekon NOT and also suggested me to file I 751 as late as possible around 02/25/10 (my CGC expires on 03/05/10), but I can't file I 751 so late since in that case I'll be out of status for work!!! At the end he recommended me to visit his office to discuss further. That's why I was trying to figure out how much time I would get after filing I 751 petition but as you mentioned four months are good enough but I'll be screwed if VSC center process the petition quickly :-(

Noorah101

You won't be out of status for work. You remain a PR all during the I-751 process. It's only your actual card that expires, not your status or the work authorization that goes along with it.

Rene

lostlove

TB,

I agree with Tracy. The service center concerned will address documentary delinquency and shortcomings within 4-6 months.

An RFE request for additional evidence requires a response to the inquiry with supporting documentation, that said there is a hard and fast specific response period. In most cases this period is 90 days, falling short to correspond will lead to a denial.

Good Luck

totally_broken

Thanks Rene for clarifying the PR status issue....and LostLove I really need some luck here :-)

So, I can just pray and hope that VSC service center spends considerable time (4 to 5 months) before asking me RFE. I guess it all hinges on this now.

I know I am jumping way ahead but worst come worst how much time do you really have to leave the country from the date of receipt of NTA infront of an immigration judge, I think I read somewhere the whole process takes 90 days? meaning after your hearing (if you don't get any relief or are not eligible for one) you may have 90 days to leave the country? Again guys I know I am jumping way ahead of what I should be thinking this time but can't help it...I think its good to be in reality with what IF possibilities.