I-751 waiver (divorce) thread

S

shinkansen

Registered Users (C)
Can we make this thread a sticky and have people discuss their experiece of filing I-751 w/waiver based on being divorced while on conditional permanent residency status. I think it would be nice to have this all in one place. I've not seen any posts about anyone being denied, but it'd be nice to have a thread where people (only involving a divorce/waiver) post...
 
Great idea.
I filed for divorce and just waiting for it to be finalized and then file I-751. I will post my experience once I mail the papers to Immig.
 
i-751

well i filled jointly with my wife the form i-751 and i have just recieved a letter from uscis asking me to send in additional evidence. The problem is, we are divorced and not living together and therefor i dont have any additional new evidence apart from the old information they already have. any advice in my situation. what is next for me..

should i file for i-751 waiver? or hire an attorney. i will appreciate any input.
 
ronnienlx said:
well i filled jointly with my wife the form i-751 and i have just recieved a letter from uscis asking me to send in additional evidence. The problem is, we are divorced and not living together and therefor i dont have any additional new evidence apart from the old information they already have. any advice in my situation. what is next for me..

should i file for i-751 waiver? or hire an attorney. i will appreciate any input.
Click to expand...

There is no question. YOU SHOULD HAVE filed for the i-751 waiver as soon as the divorce was final... what were you waiting for? just hoping it would get approved like that?
 
Before this thread ends up with a lot of basic questions, my first advice for anyone that gets divorced prior to the 90day window for filing a joint I-751, is to read the I-751 instructions on the USCIS website! Seriously... Go through the instructions, and highlight anything that pertains to your situation with a marker... Then go and collect those items!

If you're not yet divorced, do whatever you can to collect all the required evidence - Your spouse may try to destroy some of it!

You can file I-751 as soon as you're divorce is final (ie, you have the Divorce Decree in your hands!)

Make sure that you check the USCIS website right before you mail everything off to double check that you've got the correct filing fees (these seem to change on an annual basis), and the correct mailing address!

I don't think it's required, but having a cover letter that lists everything that you're sending, in my opinion, isn't a bad idea!

For taxes filed jointly, you want to send a transcript from the IRS - You can call up the IRS and go through an automated call to request this.

Sometimes, friends can take their sweet time to write affidavits if they're just plain busy with their own life. Better to ask for these sooner rather than later!

When I sent photos, I wrote some info on the back explaining when / where they were taken.... Saves the Immigration Officer trying to figure out the details!

I've not completed my own I-751 divorce waiver process yet, and I'm not legal expert, but the above is simply my $0.02 to people in the same situation! :D
 
I original file my I-751 on December 12th at TSC then transfer to VSC while I was married, then I got divorce on July this year and file again with a waiver, file an entire new package and everything on it.

I just went today for an INFOPASS since in my portfolio both cases shows as "pending". They are apparently working in my latest case (the updated one-waiver), I got a LUD 10/21/2008, but VSC or the retard who is/was working in my case put a comment about "biometrics not found" when the officer at the district office says (and she was totally frustrated with this) that how POSSIBLE they can't see that if she can see it too and is in the system! freakin idiots!...that is just a lame work in there. She sent an email/note to VSC about it. I anyway sending a letter with the copy of my ASC appointment today at lunch time in Express Mail/confirmation.

This is really vexing and I am very concern now, I travel a lot and haven't had major issues only that my name in my conditional card is different since I changed my name to my maiden name after divorce, nothing major really...but this is annoying. The office anyway told me I should have news in a couple of weeks and that the stamp that I got before is still good until Jan31 that in Dec if I haven't heard anything, I should come back to get a new one.

I think I been proactive sending a copy of my ASC appointment with the stamps and signature that I indeed took them unless I don't know if it's going to be too late for it. I haven't received any RFE or nothing like that, and the officer did not see anything that was sent to me either. I am just worry that I could possibly be denied for some stupid thing that a retard just overlooked and is there!
 
Hi All. I too am in this category. Got married back in April of 2006 and got my Conditional GC back in February of 2007. We seperated in May of 08 and divorce got finalized on October 3rd 08.

Got me a lawyer just to be on the safe side, although I made sure I began building and collecting any and EVERYTHING I could which I felt would prove the genuity of my relationship.

My lawyer sent out I751 application On Dec. 2nd 08 to VSC, My check got cashed by Dec. 4th 08 (boy are they quick to get that money...if only they could be quick with the whole process)......So currently I am waiting on my first NOA and my conditional GC expires Feb 19, 2009.

This is a good thread so let's keep it updated, and best of it to everyone.
 
Isn't it true that the momement your divorce is final the conditional green card is not valid anymore? If thats the case the expiration date on it doesn't mean much anymore right? Meaning you can't use your card for travel outside the USA anymore. Isnt that the case?

bljinadu said:
Hi All. I too am in this category. Got married back in April of 2006 and got my Conditional GC back in February of 2007. We seperated in May of 08 and divorce got finalized on October 3rd 08.

Got me a lawyer just to be on the safe side, although I made sure I began building and collecting any and EVERYTHING I could which I felt would prove the genuity of my relationship.

My lawyer sent out I751 application On Dec. 2nd 08 to VSC, My check got cashed by Dec. 4th 08 (boy are they quick to get that money...if only they could be quick with the whole process)......So currently I am waiting on my first NOA and my conditional GC expires Feb 19, 2009.

This is a good thread so let's keep it updated, and best of it to everyone.
Click to expand...
 
I 751

This is not true. Your conditional greencard expires when it expires. On the I751 form, there is a provision for those who get divorced before the two year anniversary and that is what this whole thread is about.....people in that category.
 
I am helping right now one lady whose GC exp. on 03/14/09. She will not get divorce until June 2009 by SC laws (1 yr of separation required). She will file I-751 based on abuse. We decided to hire a lawyer - have 2 choices- free or not free, both are good lawyers.
 
Hi,

my case is pending & I just got divorce. I'm going to re-file I-751 by myself. Do you guys have any sample letter for USCIS regarding a request for withdrawing I-751? I should hire a lawyer, maybe, but I don't have money for him, so... .

Thank you for your time
 
I am sending out my I-751 Waiver today. My timeline is below. I was separated on January of 08, filed for divorce in May, once we found out that there was no way to fix the marriage, divorce was final on January 8th 2009. So today is the big day, sending everything to USCIS. My Conditional GC doesn't expire until August of 09. Wish me luck. I will make sure to keep my timeline updated.
 
Few pointers about I 751 waivers:

The waiver must be filed after you get the decree if conditions are not yet taken out from your PR status, not doing so may create problems when you apply for citizenship.

The I 751 waiver takes anywhere between 6 months to 2 years to process. I have seen most of them taking one year plus.
 
To everyone with waivers, there is no quick processing.
Regardless of when you got divorced and filed the 751 waiver, USCIS will process your case anytime between the 2 year period from when your Conditional green card expired.

Joint 751's are lowest priority and have to be processed by the end of the 3rd year in order for filing citizenship.

Now waiver 751's have to be processed by the end of the 5th year in order for filing citizenship.

So be prepared for a 2 year waiting if you have divorced very early after your AOS approval.
 
Hi, I just sent divorce decree to USCIS. I'm going to re-file I-751 alone (waiver). I have 1 year extention letter from I-751 jointly. However my original GC expiration date is expired. When I apply I-751 waiver, what can I write for expiration date?
 
To everyone with 751 waivers

Doesnt matter what expiry date you have on your card.

You are a Permanent Resident till the I.J says your not. That the worse case scenario.

Most waivers are approved or denied a year or two after your green card expires.

If your conditional green card expires say 2008, your looking for something final around 2009 or 2010

Now there are many posters on various boards who claim their waiver was processed in 6-8 months. Now that happens when the 751waiver was filed sometime AFTER their green card expired.
 
mrs_s said:
Khayyam - your statement about the processing time frame is not correct. For example, here is someone's timeline from another forum: http://www.visajourney.com/timeline/profile.php?id=13119

He applied for an I-751 waiver before his 2-yr gc expired and was approved in 3 months.
Click to expand...

Wow, that was faster than a joint application. Very interesting to come across such a case.

Certainly brings hope for waiver applicants. The fastest I seen was a 6 month approval because of extreme abuse and cruelty that too after the green card expired.

Any more lighting fast examples like this Mrs S?
 
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