Conditional GC, Divorce finalized

F

falto

Registered Users (C)
My divoce has been finalized 2 months ago and my conditional GC will expire end of 2008.
Q1. Is it advisable to wait until 3 month remaining on GC validity.
Q2. Can i file waiver at this time. If something goes wrong and i got denied, would i be able to stay until my GC validity.

Thanks
 
1. By the intrusctions on Form I-751 you can file at any time. You must submit copy of your divorce decree.

2. The waiver is my understanding goes with the petition and you must explain why your marriage terminated.

The procedure of filing with the waiver is the same as filing jointly with the exception that most of the cases with waiver they do not waive the interview. Gather all evidence while you were together.

Good luck,
 
A1: File now. No point waiting for the GC expiry date.
A2: Hmmm...now I am not too sure about that. If your I-751 is denied, it means USCIS is not convinced that your marriage was entered into with good faith. If that is the case, they can argue that your initial GC was approved erroneously, or worse, USCIS was duped that time. You need to run this by an attorney.

falto said:
Q1. Is it advisable to wait until 3 month remaining on GC validity.
Q2. Can i file waiver at this time. If something goes wrong and i got denied, would i be able to stay until my GC validity.
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Well thank for all your replies. Since that was a good faith marriage and I've all the evidence (lease, pseg bills, medical insurance, pictures, life insurance etc) i was wanted to know what happened in the worst case scenario.
 
falto said:
Well thank for all your replies. Since that was a good faith marriage and I've all the evidence (lease, pseg bills, medical insurance, pictures, life insurance etc) i was wanted to know what happened in the worst case scenario.
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Worst case scenario; your petition is denied and you get sent home.
 
worst case scenario your petition is denied and you are put on removal proceedings but first of that you get the opportunity to be in front of an immigration judge where you can explain your case and why you should stay (what the papers can't say)...at this stage you should get a good and experienced lawyer.
 
Thought I'd add to this topic since I'm about to go through a divorce, and I-751 waiver scenario, and just met with an attorney on the subject.

Basically, you have to be divorced before you can file I-751. INS don't keep track of marriage records, so unless your ex-wife calls INS and rats you out, they won't know that you're out of status.

My suggestion is that during the time it takes to get a divorce, gather as much joint evidence as you can. In some cases, best to do this before asking the mrs for a divorce in case she goes crazy and destroys everything!

As soon as your divorce is finalized, your conditional GC is not longer valid. I still have a year to go on my Cond. PR, but was advised that it's better to get divorced now, rather than wait until close to the 90 day < 2yr anniversary of getting GC to do it.

One you've filed an I-751, you can still live and work in the US while INS are making their decision. They might approve it without an interview, if there's enough evidence and they're happy.

I was originally here on H1B and still had 2yrs remaining on it at the time I got my Cond. GC. Seems like that's going to help me prove that the marriage was bona fide... I had no reason to get married to stay here seen as my visa was valid for a couple years. Had my H1B been expiring real soon at the time of getting married, that wouldn't look too good.
 
I may be wrong, but as far as I know, all I-751s that are not filed jointly need to be interviewed. Those filed jointly have a 90% chance of being approved without an interview. Once again, I may be wrong.

shinkansen said:
They might approve it without an interview, if there's enough evidence and they're happy.
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Triple Citizen said:
I may be wrong, but as far as I know, all I-751s that are not filed jointly need to be interviewed. Those filed jointly have a 90% chance of being approved without an interview. Once again, I may be wrong.
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I have heard of cases that were not filed jointly, but with enough evidence of bona fide marriage and did not require an interview.
 
HAHAHAHAHA...funny. Oh you can't laugh! remember you are the "negative" people in this forum...hahaha.

But yes, there have been several cases that even is filed with a waiver (due to divorce) the application is approved without an interview. Check britishexpats.

Uhmm Praetorian...are you sure you are not in Nigeria? hehehehe...those famous scams...like $1 and they ad the zeros...hehe.
 
cherr1980 said:
HAHAHAHAHA...funny. Oh you can't laugh! remember you are the "negative" people in this forum...hahaha.

But yes, there have been several cases that even is filed with a waiver (due to divorce) the application is approved without an interview. Check britishexpats.

Uhmm Praetorian...are you sure you are not in Nigeria? hehehehe...those famous scams...like $1 and they ad the zeros...hehe.
Click to expand...

lol. No. But I contribute to www.scamorama.com ;)
 
Guys, i got my GC in mail two days back without any interview. I've not received any approval notice yet but got physical card. They moved my case from vermont to CSC i think 3 months back. So here is another case of I751 (divorced) approval without interview.
 
falto said:
Guys, i got my GC in mail two days back without any interview. I've not received any approval notice yet but got physical card. They moved my case from vermont to CSC i think 3 months back. So here is another case of I751 (divorced) approval without interview.
Click to expand...

The physical card is your approval notice! :D

Congratulations.
 
falto said:
Guys, i got my GC in mail two days back without any interview. I've not received any approval notice yet but got physical card. They moved my case from vermont to CSC i think 3 months back. So here is another case of I751 (divorced) approval without interview.
Click to expand...

What was the cause of divorce you presented to the INS? Domestic violence? Or simply divorce? What documents did you sent with your waiver 751 application? And how long did it took after you summited the application in the beginnings of 2008?
 
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