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Divorce after filing I-751 petition

Divorce after filing I-751 petition

Old Jan 20th 2002, 5:03 am
  #1  
ray
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After filing the I-751 petition with my spouse to remove my conditional resident status, our relationship is getting so worse that we both want to get divorce. Even though I filed the I-751 petition at October 1999, I have not received my permanent green card after 14 months. My questions are:

Since I have filed the removal of conditional resident status, am I still eligible to receive a permanent green card after divorce? Usually, how will INS handle the petition to remove conditional resident status after immigrating spouse get divorce?

Before receiving the permanent green card, can I still stay and work in US legally after divorce before? What would be my status in US after divorce, but before receiving my green card?

I would appreicate any comments!

Ray
 
Old Jan 20th 2002, 3:30 pm
  #2  
Ranjini
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Got to: http://www.mindspring.com/~docsteen/...o/visainfo.htm accept the
disclaimer and read the "divorce" link. Another question. At which service center did
you file for removal of conditiions? Going by the time frame you mention, it would
appear you have filed at Vermont?? That is the only service center that's taking that
long. If you have sent your papers for removal of conditions, with sufficient
docuements to prove the validity of you marriage, you will most probably have your
conditions removed without an interview. In which case you are just fine. The only
difference will be you will have to wait five years (instead of three) to file for
citizenship. Read the link I sent you to find out what could happen if you are called
for the interview after you are divorced. Ranjini

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Old Jan 20th 2002, 8:27 pm
  #3  
ray
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Default Thanks for the help

Ranjini, thank for the help! Yes, you are right, I did file my I751 petition at Vermont Center. Oh, I made one mistake at the previous email regarding the date I submitted the petition, it should be Oct 2000 instead of Oct 1999. So I have been waiting for 14 months for my permanent green card. Do you have any idea of the waiting time for issuing of permanent green cared? Some people mentioned that they wrote to congressman to facilitate the I-751 petition process, do you know of any cases that actually worked out? After reading the link you sent to me, I still have some questions:

What will be my status in US after divorce, but before receiving my permanent green card? During the period of after divorce and before receiving my permanent green card, can I go to INS to get extension if my stamp expires?

Any suggestions or comments would be appreciated!
 
Old Jan 21st 2002, 1:38 am
  #4  
Ranjini
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Have you been to your local INS office to get a stamp? You can and should do that, if
you haven't done so already. The NOA which you should have received extends your
expired green card by one year. You should have gone and got yourself a stamp in
October 2001. Until they come to a decision on your I-751 petition you are very much
"in status". As for getting your congressperson involved, you should try getting in
contact with the Immigration Liaison attached to his/her office. She can inquire
about your status from the Service Center. They don't usually try to "expedite" the
process. What they do is try to get it done in due time, if their has been any undue
delay, like if someone has been sitting on your file. Suggest you look at the wording
of the NOA and get in contact with the Service Center as well. NSC for instance,
requested us to call them only if we had not heard from them within 12 months. As for
the timeline for Vermont, it's 360 days according to the following site:
http://www.murthy.com Go there and click on the "Vermont" Link at the top of the
page. But they have been known to go a couple of months or so beyond that. Hope this
helps, Ranjini

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