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Need clarification on filing I-751 before final divorce. Please HELP

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  • Need clarification on filing I-751 before final divorce. Please HELP

    I've read every post re I-751 and divorce scenarios, and I need help on what I should do next. I've been married since Sept 2004 and my temp GC expires August 11th, in a month to be precise. I haven't filed for I-751 because I was hoping my husband would co-sign with me, but in April, I finally got it that it isn't going to happen. I tried and tried but that's it - he wants a divorce. Since he wouldn't even co-sign the divorce although he wants it, I filed for it myself and have to wait until it's finalized, which could take up to 90 days. I realize that some of you will say that I waited too long and so on, but I did truly think him and I could work it out and wasn't planning on having to file for divorce. At this point, I know I can't file the I-751 claiming the "entered in good faith but ended in divorce" because I don't have a final divorce, so what should I do???
    (1) Let the GC expire and not be able to work or do anything and HOPE that the divorce would come through soon enough and then file for the waiver? Would that affect how long it would take me to get citizenship if I get approved?
    (2) File anyway by myself before the deadline and send the divorce decree as soon as it comes in?
    And let me not forget to mention that the fees are being increased again, so I'm quite concerned as I won't be able to afford to pay twice for these applications with the new fees etc.

    Thank you!

  • #2
    A basic divorce,with no kids,no fights, or no properties invloved.Takes usually around 3-4 months.

    But you already know,you should have not waited that long,especially if you are the one going through with the divorce and not him...

    But here is what U can do.First call INS and tell them the exac story.Then File the I-751 like U were divorced,include EVREYHTING,every single evidence U have to have and add etc etc...
    Mark entered in good faith and ended in divorce.

    Very important though.Add an official notorized statement,that you indeed filed for divorce and waiting for it to be finalized.

    Also very important in cases like that.Add a cover letter as "head" onfront of the application.So when your package gets there,thats the very first thing they'll see and read.And in there you write down,detailed but short.You filed for divorce and waiting for the divorce to be finalized.Since your date to remove the conditions were due,and the divorce is not final yet,you could not add the divorce decree.
    And add you will sent the divorce decree,asap.
    And ask them to reply to you with futher instructions and sent EVERYHTING as certified mail,with signature request.

    Thats a good point with the money....sometimes those people charge you twice for in complete application....but I would also contact the immigration office,where u have to sent the aplication in.DOn't just call any,call there where you need to sent it in.

    Thats why a cover letter is very important so they know right away whats up.

    If you have more questions or anything let me know.


    • #3
      You forgot choice 3) Get out of my country !!!
      Divorce only takes 2 months once the person is served


      • #4
        Thank you HBKHBK. Unfortunately, as many people don't realize each state has its own rules in regards to how long the waiting period is. In this case, you are absolutely right, the state I'm filing in it's 90 days from the date the spouse is served, and I did apply for a waiver of the 90-day period.

        HBKHBK, how would I get a notarized statement that I filed for divorce? From whom?

        From all the reading I've done, the USCIS says that if you don't have a final decree, you wait until you do and basically be out of status. I think it's a rather silly idea and therefore I'll follow your advice and hope for the best.

        I will mail everything I have on July 28th (the price will be $545 + $80 after that day for I-751) and hope they won't ask me to re-file because I cannot afford to pay that much money for another one considering I live on my own now in a different state.

        Again, thank you for the support HBKHBK. I am definitely appreciative of this board and all the insight it provides.

        Having lived in the US for nine years and having worked very hard for everything I have, I'm appalled to learn that rather than helping others (the intention of the discussion board), some find it essential to their well-being to instigate unnecessary and absolutely ridiculous banter.

        With peace,


        • #5
          having worked very hard for everything I have, I'm appalled to learn that rather than helping others (the intention of the discussion board), some find it essential to their well-being to instigate unnecessary and absolutely ridiculous banter.
          I didn't know committing fraud was considered "work". How come you thanked that fraudster monkey but you didn't thank me for my good advices? Instigation of unnecessary and absolutely ridiculous banter is NOT ALLOWED on this board ! If HBKHBK and others continue doing this, they will be banned !!!



          • #6
            Having something notorized is easy and often free.Your own bank,should have someone that is a NOTAR,each bank has a person that is a STATE NOTAR.They basically notozed it,with your present there,u have to show I.D. and stuff.

            But as far the paper you indeed filed for divorce and waiting now.You could go to your attorney or court,to have them give you a certified statement of the divorce taking place.

            What you should have notorized,are affadavits from friends,family members etc....when I say family,family meaning your ex in laws etc or his siblings.

            Their statements when they write down the marriage was real and u guys were really together and in love and married only for love etc...all thos thins should be sworn and be notorized.Many people might tell you "no need to notorized stuff" but I did it and it always comes over more sincere and honest.I mean,you wanna give them the idea you do everyhting to make sure they know its really the truth.Otherwise,any idiot could write an affadavit and pretend its from that person...
            Notorized stuff is legal and secure and no doubt of fake or false in it...

            And please make sure,everything U sent,every paperwork,evidence etc, please make a secure copy of all statements,papers,documents..and make sure U ONLY sent copies of everyhting...alwways keep the originals and still have secure another copy.

            Remember when you file for citizenship,u will needs ome stuff again from i-751 stuff.

            Will your husband help you gather many evidence and all that the marriage was real and all?


            • #7
              Thanks HBKHBK once again. I can't get a notarized copy re my divorce because I'm not using a lawyer and the court is in Oregon and I live in NYC right now.

              Unfortunately, my husband is refusing to communicate with me completely because "it jeopardizes the relationship with his GF." Don't get me started on that one. So even simple things like our car registration I can't get from him, so I basically have to find all other ways to get documentation and proof.

              I'm worried about being without a valid GC between August 11th and until they send me an extension. How am I supposed to work in the meantime?


              • #8
                just a suggestion for you because I just went through it... You CAN get a notarized copy of your divorce just by calling the court house and requesting it. They will charge you a fee but it is worth it to get it.

                You can easily get your car registration by calling the state and requesting that. I had to dig around to get old documents and if I can do it so can you.

                I got an old copy of my car insurance that showed that I had joint insurance with my ex. It was not that hard to get it all it took was a simple call to my insurance company. You could also call and get copies of utility bills or request a letter from the company showing that you had joint utility bills.

                I also got 13 statements from friends and realatives that knew the marriage was real. Most of them were notarized. Can you get statements from your inlaws??


                • #9
                  YEAH,your divorce papers are always available at the court.You ask for a certified decree of your divorce.Which is completely official by the court.So,that u do not need to notorized.Cause its always certified by the court itself.

                  Car registration...u can get a copy from your dmv.There are man ways....

                  good luck


                  • #10
                    Thanks Shelly2020 and HBKHBK. So I'll call the court and ask them for a certified copy of me filing for divorce. Thanks so much. I didn't think about it at all.

                    I did call DMV and requested for our record. I also called our insurance and asked for a copy etc. I'm working on it on my own and it's just a pain in the ... to have to go backwards about it.

                    I can get a few letters from my friends to certify that they knew us for years etc. I can't get any from his friends cuz none of them want to talk to me after this and definitely not from his inlaws cuz he's barely talked to them when we were together. Two of my friends knew him when we first met in 2000, and one even was the witness of our marriage in the city hall.

                    I'm not getting my hopes up, but I'm starting to feel a little more confident about it. Do you know what to do about the not having valid GC in the meantime?


                    • #11
                      I am not sure how it will work with just statements from YOUR friends. Were these people friends with your husband?? Who introduced you to your husband (what is the background on how you met).

                      From what I have been told is that you can get as many statements as you want from your own friends and relatives (which of course get them to add to your file) but they are considered to be byist. Obviously your own friends and family are going to side with you but friends that you met through him (that have known him a while) or his family members will not be byist. To bad you can not get anyone on his side to sign for you. I had my ex-mother in law sign one and a few of his friends that I met through him sign. Plus I had a ton of my friends and family also sign.

                      As far as I know if you file the I751 based on divorce you actually have to be divorced. But what I would do in your situation is file the I751 based on that but make sure you get your divorce finalized before you go to your interview. I filed my I751 in Aug. 06 and it took till July 07 to get my interview. During that time I received a receipt notice about 2 weeks after I filed extending my card for 1 year.

                      You need to make sure and file this ASAP before your card expires or you are automatically put into removal proceedings. When you file put in your papers showing that you have filed but make sure you also include a letter that states you will have the decree before the interview. If you do not have the decree at the time of the interview your I751 will be denied.


                      • #12
                        Shelly is right.
                        When you get statements,make sure those statements are also notorized and sworn to.
                        And you should have friends doing this,that know both you and you husband,equally.
                        Your ex mother and father in law should write one,that they attest your marriage was real and entered in good faith etc...maybe his siblings.His grand parents...etc

                        No,you actually have to go to court yourself,you can not do that kinda stuff over the phone.And it will probabaly cost you like 10 bucks to get a certified decree of your divorce.And for the records,anyone can get your divorce decree from court.Its public record.I could walk to your court and have your divorce decree.Thought thats interesting to know,that anyone has excess to that,which is a little weird,but thats how it is.Just like anyone has excess to see how often u got married,if u filed bankrupcy and even your background check...
                        You have no privacy here...anywway lol

                        Gather everyhting perfectly together...make usre u have lots of pictures,from dating time through they see,you guys were really a real couple throughtout the years...

                        pictures speak louder than words...

                        tax returns,apt lease,insurance etc...all that kinda stuff....even letteres addressed to both you as mr&mrs.


                        • #13
                          Once again thanks shelly2020 and HBKHBK.

                          Just to clarify, I'm not divorced yet and that's why I posted originally. I have to file my I-751 before I have a divorce decree. That's the whole snag. Anyway, I will actually have a friend go to the court in OR and give them my case # and get a certified copy of me filing for divorce. I did request the court to waive the 90-day waiting period so I should get a divorce decree within the next 60 days or so.

                          Also, it's odd that the statements from my friends who'd known both of us for 7+ years would be biased. I don't have access to his friends especially living in another state and our relationship didn't end on good terms.


                          • #14
                            I know its a hard situation to go through but really sit down and think about the person across the table looking at your case and has no clue who you really are?? You got to remember that alot of "close friends and family" would do ANYTHING to help you and could possibly lie. People like his family are not going to just side with you over the situation. I know it stinks but you really should try and contact his old friends and his family. Its at least worth a try!!

                            As for the divorce papers that you filed or when its time to get the decree you can actually do it over the phone! Thats how I got mine I live on the west coast now and my divorce was on the east coast. I lost my original decree and had to call the courts to obtain a new one. All I had to do was write to them requesting it and providing a check for the fee and they notarized it and sent it through the mail to me.

                            The other way of obtaining it is through A friend of mine used that service once before and got her divorce records within a couple of weeks.


                            • #15
                              alyssanfisa - May all work out for you... you will be in my prayers...


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