I-751 jointly filed, but denied after 3months, due to spouse withdrew petition

D

Derfeldan

New Member
Hi All,

We have I-751 filed jointly 3months ago, everything went well: I received NOA+1 year extension, done biometrics 1 month after filing I-751 in February.

My spouse got furious at me that I don't want children with her yet (in 2015) and she told USCIS that she wanted to withdraw her support for our joint I-751, and consequently my I-751 got denied. My LPR status expired 4/20.

What can I do in this case? Is my 1-year extension still valid, or I don't have any legal status right now in the US (LPR expired 4/20)? I have a good job and both of us are living in San Jose, are they going to let me go at my company, because I don't have a current legal status? Is USCIS going to try to deport me before we get a final divorce decree?

My spouse filed for divorce last week, it takes at least 6 months to divorce in CA.

Please help!
 
You can file I-751 by yourself on the basis of divorce even though your divorce is not final. According to this memo, they cannot approve your Removal of Conditions if your divorce is not final, and they will give you an 87-day RFE to give them the final divorce decree. If the divorce is not final in this time, the will deny it, and place you into removal proceedings (which means you go before an immigration judge). If your divorce finishes within the removal proceedings, the memo says that you can then establish your eligibility for I-751 with the immigration judge. This memo says the same things, and also says that you may request a continuance from the immigration judge for a finalization of the divorce, and that you can get a temporary I-551 stamp during the pendency of the removal proceedings.

I am not sure what your exact situation is right now. If your I-751 is denied and your 2 years is over, does that mean they have already started removal proceedings against you? In any case, it seems that based on the time it takes to get a divorce, you will probably eventually have to be put into removal proceedings and have to go before an immigration judge.
 
Thanks for prompt your reply newacct! I just don't see the logic how do they expect me to provide them final divorce decree within 87-day RFE, if the divorce itself takes minimum 6-months. In theory even if she withdrew& filed for divorce on the very first day when we filed I-751 jointly together (which is not my case, for 3 months we were married and living together after filing I-751 + initial 2,5 years..) I would still be ~93 days short in CA.

So technically this 87-day RFE is impossible (in CA it would need to be minimum of ~6*30=>180 days...). I'm not even sure if I can travel at this point, since they had my joint I-751 denied + my CLPR expired on 4/20. It sounds like to me, that I don't have a legal status currently (I-751 denied, LPR expired): I cannot look for jobs (in case I get let go) and I'm afraid to leave the country, because they might not let me back in.

Let me know if I'm not reading this the right way. This all just sounds a little harsh for me, given the fact that I've had a bona fide marriage for almost 3 years and I'm currently law abiding EU (hopefully later US) citizen, middle class hard working LPR American.
 
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