PoBoy

I think the subject says it all. If our marriage has dissolved during the two years of CR1 status, and we are beginning divorce proceedings two months prior to the I-751 Removal of Conditions, does anyone know the likelihood of approval?

If I submit the form alone, using the waiver to change my status as single, what are the odds of approval? Considering it is a mutual breakdown, and not the result of any extremities such as abuse, violence, etc...will I be given the "You came here for your husband, he no longer wants to be with you, you are not entitled to stay in the US" response? Can showing evidence of a good job, steady income, tax contributions, good home, and other commitments go in my favor?

How frequently are single applicants in the midst of divorce approved a I-751? I want to be 100% honest with USCIS, but if applying as a divorcee is likely to get me refused and deported, then I guess I will have no choice but to try and file jointly and cancel our divorce.

Thanks!

PoBoy

Anyone?

Noorah101

Just from reading this forum for a couple of years, I haven't seen any denials. But then again, they might not be coming back to post the results.

One thing to keep in mind, you must always be 100% honest with USCIS.

Best Wishes,
Rene

hcj1440

You have to have the divorce finalized before you can file I-751. If you are just separated and the divorce has been initiated but not finalized you cannot file I-751 until the divorce is actually finalized.

PoBoy

What if we are in the 90 day window? Do I have to file a waiver?

And even then, I guess the specific point of the question is, am I likely to be refused if we are divorced? I mean, what other grounds would I have for being in the US? If I came to be with my husband and our marriage, and that husband and marriage no longer exist, that seems like a good reason for USCIS to deny me.

I'm worried.

hcj1440

Have you read the USCIS webpage on removing conditions yet? It may answer some of your questions.

From http://www.uscis.gov/graphics/howdoi/remcond.htm
"If you and your spouse are unable to apply to remove the conditions on your residence because of divorce or annulment proceedings, you may not apply for a waiver of the requirement to file a joint petition, based on the “good faith” exception. You may not file for the waiver until after your marriage has been terminated."

Re: what other grounds would you have for being in the US:
"You may request a waiver of the joint petitioning requirements if:
[snipped]
You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition."

Rete

No you are not likely to be refused if you are divorced. You must have evidence that the marriage was entered into in good faith, the same evidence you would have used if you were still married, plus a bit more for insurance. Others have done it successfully and no reason why you can't and won't. However, if you cannot file a waiver until your divorce is final.

PoBoy

Thanks for the advice guys. Rete, I have one question. As I am approaching my 90 day window (it will begin in a couple of months), and a divorce process averages around 6 months...what is the best thing for me to do? Obviously I have to file SOMETHING within 90 days or my case will be closed. Do I file a joint I-751, receive the NOA and then later file a new I-751 with waiver?

I should be good as it was a legit, bona fide marriage with a wedding full of friends and family, and things like joint leases, insurance, bills, etc. I think the thing I worry most about is the officer taking the perspective of "You came here to be with your husband, that's now over...so why should we keep you here?"

I really appreciate your help with this.

meauxna

There is a school of thought that says if you keep thinking that, you can make it come true.

Do as hcj suggests and read the uscis.gov page on the topic. Your question is covered there:
http://www.uscis.gov/graphics/howdoi...nd.htm#divorce

PoBoy

Thanks for this...now I just need to know what exactly I am supposed to send during the 90 day window, because my divorce is not going to be finalized in time. So I can't send the waiver, and I can't send the joint application...so what do I send?

meauxna

I myself didn't file this way. But I see a link for more information on the page you went to, that clarifies it. And there is always searching this newsgroup for one of the many discussions on the topic (hint: used some of the details in the memo to search on).

Noorah101

Read this, it will help:
http://www.uscis.gov/graphics/lawsre...iver041003.pdf

Rene

PoBoy

hmmm so according to that memo, I file nothing during the 90 days, and fall into removal proceedings. I then have to file I-551 to the immigration judge to let me remain in the US while my divorce completes. Once the divorce is finalized, I can THEN I file the waiver and complete my application?

Did I read that right? Boy, that sounds like a lot of work...

Noorah101

I'm not sure about filing I-551 to a judge...the I-551 is a green card...but the rest of it sounds like what the memo is saying, yes.

Rene