Noorah101

Very approximate timeline - maybe a few months to over a year. As long as you file the I-751 on your own, with the divorce decree, you will still be in status. You should receive the 1-year extension letter after you file the I-751. If your I-751 gets denied, you will be put into removal procedings and can argue your case in front of the Immigration Judge, so yes, you will have a chance to challenge it.

Best Wishes,
Rene

Poppy girl

There should be no need to challenge if you have sufficient evidence.
How long were you married may I ask if you feel it's to personal then I apologize.

And total rot you do not go out of status.

Have the I-751 ready to file as soon as you are divorced.

SC2

Thank you Rene and Poppygirl! As per what I understand, I will essentially be out of status between the day the divorce is finalized and the day they receive my waiver application. So, even if that is as little as one week, I wonder if I should take that one week off of work since it is not legal for me to work then, or whether that doesn't make any sense and I should stay on.

Well, I most definitely want to challenge a denial decision, since I had an employment-based petition open at the time I decided to pursue the marriage-based one, so it wasn't me getting married just for the Green Card and I had other options to get it.

Poppygirl, nothing is too personal any more - I usually don't discuss personal matters on public forums, but this situation is really aggravating and it is taking a toll on my work, sleep and food habits! To quote my parents, "What good will a Green Card do if you're dead?" :-P Oh well! I can at least try and not get deported!
I was married on 07/07/2007 (yes, supposed to be a lucky date, I know!), got the Conditional Green Card on 02/26/2008, and the divorce would be finalized around the end of December. So USCIS might consider that as less than a year, but I do have evidence that it was entered in good faith. My wife and her parents have agreed to provide notarized affidavits, and I might be able to get a couple more from my best man at the wedding and a few other friends from Mensa who knew both me and my wife when we went for their regional gathering last year. Besides, I have emails, pictures from our trip to India, tickets, joint phone bills, joint bank statements, joint tax return documents from earlier this year, an article that I had contributed to in which I had gushed about my new wife :-(, wedding pictures and a wedding video.
I also have auto and medical insurance cards and documents, proving that I had her as my sole beneficiary.
Hopefully that would be convincing. If not, I am mentally prepared to go for an interview. I just have no clue on how to convince someone by just talking to him if the documents fail to do so.
I am also wondering if I should keep copies of everything before I submit the originals as evidence. In case they conveniently lose the originals, then I will be left high and dry.

Poppy girl

You don't need to take time of work your still legal until your case is processed either way......if you were to divorce and not file to remove conditions within the right time frame then you would have problems, basically when you divorce it allows you to file your I-751 before the 90days prior to your 2 years....like I did.

There was a post on here last week about being denied due to not being married for long enough, but I have never heard of that before!!

If you have solid evidence which you appear to have then you should be fine, don't worry if you get called for an interview (say's me who was physically sick on the day)....Just tell them the truth not add on's or take aways the truth.

Yes copy every thing the lot and document all conversations, and get return receipts for all mail sent to USCIS.

SC2

Thanks again for the reply! Yes, I posted in another forum in which everyone pretty much "assured" (?) me that my case was not going to be approved since it is not enough married time! Well, in that case, I just have to rely on the evidence I have and vocalize my side of the story, and if that is not enough, I guess I have no choice but to leave and wait years before I get to come back again! Please say a little prayer for me! Thank you!

Noorah101

No, you are a PR until an immigration judge says you are not. You have a 2-year green card which is unexpired. That means you are a PR. You will not be out of status, even during the days from your divorce till they receive your I-751 w/waiver.

YES!!!! Keep a copy of EVERYTHING you submit with your I-751. This is a MUST!

Rene

ian-mstm

Difficult to imagine how a US permanent resident can go out of status while remaining inside the US *and* prior to the expiry date on your GC! Either your lawyer is an idiot... or you did not properly understand him. You are a PR until the expiry date on your GC whether or not you divorce before then. You must file the I-751 within 90 days of that expiry date, but on the day your divorce is final, you can *immediately* file the I-751.

Remember... you *are* a PR until an immigration judge says your not.

Ian

SC2

Thank you Rene and Ian! I will follow your advice and keep my fingers crossed! Thank you for the words of encouragement - I have been worrying myself to death - it is a huge fault of mine! :-P