Please help me. I am still waiting on the divorce decree but my due date is approaching. What should I do in such case? Any suggestions?

Thanks.

Ask your ex for a date and dress up in some lingerie, high heels and stockings and seduce him

quote:

Originally posted by conditional-resident:
Please help me. I am still waiting on the divorce decree but my due date is approaching. What should I do in such case? Any suggestions?

Thanks.

There's little you can do except to facilitate the finalising of the divorce. Bear in mind that once the conditional green card expires, so do the benefits such as the ability to work. Prepare all of the necessary documentation to file a waiver for form I-751 so that once the decree is available you can send it in postr haste.

If you need information on how to prepare the form I-751, there are some good guidelines on this immigration forum

This thread seems to cover all your questions:

http://www.visajourney.com/forums/index.php?showtopic=54656&st=0&#entry737927

Thanks to you both - If I am currently working, should I continue to work, or tell them that my card is expired and sit on the side?

Also, has it ever happened where they have put one in deportation proceddings due to the faliure to file 751. if so what are the options ?

Thw risk of working is mainly with the employer, most do not care whether you are legal or not.

I am sure it has happened, but it does not seem normal or common, keep a low profile would be a good idea.

Before you get too worked up,
when does your conditional greencard expire, and when do you think the divorced is final???
maybe you are all in time lime...

If you sent in your I-751 application,you MUST inlcude your divorce decree.Thats proof to them,you are indeed divorced.Without it,they will right away deny it,no questions asked.
So make sue you include anything and everyhting and even more they ask for,as far evidence goes.

The minute however u sent your complete application,your greencard will be extend for a full new year,until you receive your 10 year green card etc.

But, if you believe your greencard will expire before the divorce is final,you have,or should contact an INS officer and let them know,that you will sent your i-751 application to remove the conditions asap when the divorce is final.

Make sure thought sent any communication via certified mail.

My little advice to you is however,to gather every single evidence,support and documentations to sent with your application.

conditional-resident:

Everyone here has tried to help you, however, you haven't been given the right advice. You should file the I-751 prior to the expiration of your conditional green card even if your divorce is not final because after the conditional period your residence is terminated and USCIS can initiate removal proceedings the next day after the expiration of your card.

If you do not have a divorce decree but the divorce proceedings have been initiated -- attach a copy of the divorce complaint and a letter explaining that the divorce has not been finalized but that you will be submitting the divorce decree as soon as it is issued from the court. You may also check the "hardship" waiver box as an insurance policy because if they want to deny the I-751 for not submitting the divorce decree they cannot automatically deny the hardship waiver without first reviewing the merits of your claim.

USCIS does not check the supporting documentation of an I-751 as soon as it is received. They'll do it once they get to your file, and this means extra time for you to get the divorce finalized.

Lastly, if you have a divorce lawyer, or even you can do it yourself, you can file a motion in your divorce case to expedite the divorce proceeding arguing that otherwise it will jeapardize your immigration status. The judge is not by any means required to aprove your motion but it may discretionarily approve it. I don't know in which state are you in and what the grounds for divorce are, but if the reason for not obtaining a divorce decree is because you haven't yet accumulated the required separation time period prior to filing for divorce you may try filing for divorce under another ground.

Good luck

quote:

Originally posted by Aguila:
conditional-resident:

Everyone here has tried to help you, however, you haven't been given the right advice. You should file the I-751 prior to the expiration of your conditional green card even if your divorce is not final because after the conditional period your residence is terminated and USCIS can initiate removal proceedings the next day after the expiration of your card.

If you do not have a divorce decree but the divorce proceedings have been initiated -- attach a copy of the divorce complaint and a letter explaining that the divorce has not been finalized but that you will be submitting the divorce decree as soon as it is issued from the court. You may also check the "hardship" waiver box as an insurance policy because if they want to deny the I-751 for not submitting the divorce decree they cannot automatically deny the hardship waiver without first reviewing the merits of your claim.

USCIS does not check the supporting documentation of an I-751 as soon as it is received. They'll do it once they get to your file, and this means extra time for you to get the divorce finalized.

While it might have "worked" on occasion, it is certainly not the prescribed practice. This recommendation contraverts USCIS regulations and procedural guidance. Care to share your source?

Thanks guys. According to the immigration lawyer - I need to wait until I get my divorce decree and that the laws about this matter are in grey area. This lawyer had put in a petition per his client's presistence without a decree and just proof that the divorce is in process and this person was immediately denied. The immigration people want to see the decree along with the forms.

As far as expiration - I have a stamp that carries me until August, even though the two year is over this month. I am hoping I will have everything in soon.

Any suggestions what the most critical peice of evidence is here to proove that it was a marriage with good intent. If I get someone to write a letter what should they write. ?

Thanks for the help.

Hi Aquila,

I think you are wrong regarding filing the I-751 before the CRC expires. For the I-751 waiver, you can do it after it expires and the divorce is finalized! there is no time limit regarding a waiver. As long is a bona fide marriage balbablbla, and everythign is sent, including the divorce decree.

JF2007,

Thanks for using a key word in your opinion "I Think" because I know and most of us knowled-able people here know.
You MUST file your I-751 waiver or not on TIME.Period. No questions no excuses...

as far divorce not being over,all you have to do is HOPE to have a decent Immigration officer to review your file and let you have some more time to file it.
Just like the other member who luckily got 4 months frame,to submit his I-751 with the divorce decree,otherwise its going to be
" see ya and i wouldn't wanna be ya "

depense in what state u live,with no kids and nothing to fight over divorce is usually finalized aka in court within 3 - 6 months.

quote:

Originally posted by HBKHBK:
JF2007,

Thanks for using a key word in your opinion "I Think" because I know and most of us knowled-able people here know.
You MUST file your I-751 waiver or not on TIME.Period. No questions no excuses...

as far divorce not being over,all you have to do is HOPE to have a decent Immigration officer to review your file and let you have some more time to file it.
Just like the other member who luckily got 4 months frame,to submit his I-751 with the divorce decree,otherwise its going to be
" see ya and i wouldn't wanna be ya "

depense in what state u live,with no kids and nothing to fight over divorce is usually finalized aka in court within 3 - 6 months.

Where do you get your information, HBKHBK? While technically an alien should file either a joint or a waiver of the joint filing by the time the conditional green card expires, I think if you were to query an immigration attorney, you might find that the I-751 can be filed any time prior to the alien's removal from the USA. Naturally, acceptance of an untimely filed petition to Remove Conditions is discretionary.

Do you guys know if divorce judgement is same as divorce decree. if different what are the key differences. I am wondering if I should file just with the judgment that I went and got from the court, or should I wait for the decree? any ideas? thanks.

is the same, some states even counties differ, some call it Final Order of divorce, some divorce decree, final judgment of divorce, dissolution of marriage, etc, as long is the order signed by the judge dissolving marriage.

I hope nobody really takes seriously Mr. HBKHBK and his advice. Is always worth it to at least set up a consultation appointment with an experienced immigration attorney.

go to this link http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD


go to the pdf file and go to the 3rd page on the first paragraph (2) and says it clearly, if you waived the joint requirement, you should file before you are REMOVED, not before your CRC expires. There is no limit, you can even file it if you are in removal proceedings. My office did two of this apps. and were approved, even though it was file 4 months after the expiration of the CRC.

This message has been edited. Last edited by: JF2007,

Conditional-resident:
Also look for this memorandum for your information.

Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage
William R. Yates /s/ Janis Sposato HQISE
Dated 04/10/2003