I agree with Rene about your legal status.

And I would shout loud the words of our regular poster Ian : YOU ARE A PR TILL THE IJ SAYS YOUR NOT!

Lawyers are human, and its usual for humans to be in discord.

Let me help you cool down, click my profile and read my story. Soon you will realize your sitting on a ball of cotton. Its not as bad as you think.

LostLove I will surely read you story...but I have other issues like huge debt etc and all but I'll defintely read your story. Actually, I never thought that there are cases like mine out there...and thought if there are poeple don't come out untill its too late.

As to the debt, if the debt is in her name only and you are not a signer of the loan paperwork and/or on the credit card, then you are not liable to pay for anything.

Curious how in less than 3 years you have huge debts? You've been living apart for nearly a year, have you not done anything to straighten out the debt issue?

I think this would depend on whether they live in a community property state or not.

Rene

I don't see what you gain by waiting until 2/25 to file - except stressing yourself out about getting your extension letter before the green card itself expires. I'm not saying file on the first day you're eligible - but I wouldn't cut it that close, either. But that's just me.

And I'd be surprised if the VSC got any faster. Besides which, even if they did, you'd still have 87 days to respond to the RFE - which should be ample time to receive the final divorce decree anyway.

Agree with what the others are saying about work authorization.

Rete

The debt is in my name, my wife did not have any job when we married but had some credit debt which I paid since I was working, was too mad in love that didn't care much about my own debt. Now since I am looking at probably hiring an immigration attorney down the road feeling so stupid to not took care of my debts...I know its sounds so naive but at that time I was not thinking that we will get separated...always tried to calm myself down in believing things will eventually get better. Its so strange that I helped her in everyway I can but today she don't even bother...let me tell you still recuperating from the shock of separation.

TracyTN my only logic with applying late is due to the fact that my divorce process will start in mid Jan 2010 so I wanna gain as much time from divorce proceedings since my wife is out of state and she can have 60 days to respond to divorce summons. That's the only thing keeping me not filing I 751 waiver any earlier.

LostLove you have some really complicated case and hats of to you for being so confident, composed dealing your ordeal. Well, I got motivated with your case history.

I will keep you updated with my case and will follow your case too. I read among you posts that you can go back to your country that's ok for you but will not be wrongly accused of fraud. I am in the same boat, my marriage was 100 % legit I have evidences for that and therefore do not want to be placed in a fraudulant category. Like you I am alone here too except my old aunt and uncle (above age 80 yrs). But I am determined and will keep myself positive.

I also wouldn't file as soon as you're eligible. No harm in giving yourself a few extra weeks 'wiggle room'.

But still - if it's going to take 4 months (minimum) for the VSC to start adjudicating your case - are you saying you don't expect the divorce to be anywhere near completed in that time? If she has only 60 days to respond to a summons, there's still two months to play with after that before they start looking at your file, and another 87 days on the RFE.

Unless you're expecting her to really battle you in court, I still think it's highly unlikely that you wouldn't have your final decree in hand when the RFE comes.

I think you're giving USCIS more credit than they deserve for being speedy.

TracyTN well I need to confirm that RFE are invoked (sent to the petitioner) ONLY at the time of adjudication of a petition NOT BEFORE adjudication.

Also, researched a little on turnaround timeframes of USCIS VSC center and came to know that lately on average they are responding fairly quickly that is two to three months MAX...can you or anyone else can confirm this please.

I did some research a month ago and I think it is more like 3-5 months average from application to adjudication, definitely not 2.

Can you be clear?

They are just time frames, and its usual for a case to not adhere to those published time frames. I have seen a waiver approved in 3 months, I have seen a waiver pending 2 years at the VSC. Go figure.

Oh, he is talking about waiver...I guess those do take longer, but this one waiver guy had his done in 2 months 20 days in VSC recently :-o but yeah in general those are quite random.

I was not talking about time frames: I was talking about a number of people who posted their time on this website that I went to and the average turnaround time.

You can see small representation of the applicants in VSC from August and how many have been approved here:

http://www.visajourney.com/forums/in...=690&start=690

As you can see about 65% of August files have been approved.

And USCIS time frame is officially 6 months right now: meaning if it doesn't happen within 6 months you can actually call them and ask them what's up.

I guess from the expert feed back from you all I can to a certain extent assume to get RFE between 3 months (minimum) to 5 months (max).

On the other note I was reading your thread "Removal of conditions Part II", your last post have a link to a memo. I read that memo and seems they are more strict in adjudication process. I don't know what they are doing with your petition? its been a long long wait for you.

What you've just stated is - frankly - nonsensical. How can they issue an RFE if they've not yet looked at your case file to adjudicate?

All they do when they issue the NOA1 is verify that the fee is correct and that the I 751 is complete (and maybe that there is additional evidence attached - not just the I 751 on it's own). They do not verify details or peruse evidence sent during initial processing. To my knowledge, they don't even do that when issuing you a date for biometrics - all they're doing at that point is getting you in the queue to be adjudicated. The IO has to have your case file and the results of your biometrics before they will decide to approve or deny. It is at that time that they would realize 'oh, she's separated from her USC spouse - better send an RFE for the divorce document'.

I just went through VSC for hubby's removal of conditions. We sent it in back in August and he was approved in mid November. Doing a comparison of my case and others filing at the same time, I was a few weeks ahead of everyone else, so the average is more like 4 months (instead of my 3). I've not seen anyone get approved (read: adjudicated) faster than 3 months at the VSC - at least not in recent memory.

I'm sorry, but no one can give you a GUARANTEE of how long they will have it before it is adjudicated because processing times tend to fluctuate. I know that doesn't help you, but it's really the best we can do.