Filing I-751 - Removal of conditions GC (marriage based- waiving joint filing option)

[October2016_applicant]

Hello,

I am not sure where to post this or how to find the right topic. I have a conditional GC that is expiring in about 3 months, I obtained it through marriage to a US Citizen. However, since July last year things haven't been too good in this marriage and we separated in January. Last week we filed for divorced and it takes 60 days (in my state) for that divorce to happen, unless there are some other delays, which is what is stressing me out. Two weeks I also received a letter from immigration saying I need to file I-751 soon to remove conditions. I know I can file the application all by myself, since this is a marriage I entered in good faith and have all sorts of evidence to prove it. The question that I have is whether I can submit that application before the divorce is finalized or not? I mean, I assume immigration could do a request of evidence (since I would not have a divorce decree just yet). Waiting till I get the divorce decree, especially if there are delays that might make this process longer than 60 days and closer to my deadline makes me nervous. I don't want to file late or be out of status! Please advice!

Thank You.

[Bima100]

I am in the same situation with you.me and my wife filed jointly September last year I got the later extending my gc for 18 month but since then my wife have constantly threatening me up to the extend of telling the cops that she felt like I just want to get citizenship.this was in a police report after I was assaulted by my step-son she have in many times promised to get me in trouble.infact she takes advantage of my status as a conditional residence to get things her way or how she wants it to be.at this time idk what to do.i have know my wife for 6 years married for 3 years.i entered my marriage in good faith.but things and threats from my wife towards my status is emotionally killing me.as I don?t have anybody here to talk to.i am thinking of consulting an immigration lawyer.idk know why people take advantage of other people?s weakness we have not fill for divorce yet as I am trying to make my marriage work again.we have being to counseling but oops I guess that didn?t help so am going to individual counseling as I think about my wife?s actions every day and it?s making me go insane. Please let me know how things went with you.

[newacct]

Hello,

I am not sure where to post this or how to find the right topic. I have a conditional GC that is expiring in about 3 months, I obtained it through marriage to a US Citizen. However, since July last year things haven't been too good in this marriage and we separated in January. Last week we filed for divorced and it takes 60 days (in my state) for that divorce to happen, unless there are some other delays, which is what is stressing me out. Two weeks I also received a letter from immigration saying I need to file I-751 soon to remove conditions. I know I can file the application all by myself, since this is a marriage I entered in good faith and have all sorts of evidence to prove it. The question that I have is whether I can submit that application before the divorce is finalized or not? I mean, I assume immigration could do a request of evidence (since I would not have a divorce decree just yet). Waiting till I get the divorce decree, especially if there are delays that might make this process longer than 60 days and closer to my deadline makes me nervous. I don't want to file late or be out of status! Please advice!

Thank You.

You can file I-751 based on divorce before the divorce is final. They will give you an RFE with about 87 days to provide the final divorce order. If you cannot provide that in time and your I-751 is denied, that is not the end of the world. A waiver-based I-751 (i.e. a I-751 filed by yourself based on divorce or one of the other reasons) does not have to be filed within the 90-day window. It can be filed before or after the 90-day window, including if you are in removal proceedings, at any time up until you are finally removed. If you are put into removal proceedings and your divorce is final, you can file I-751 with the immigration judge at that time. If your divorce is still not final by the time you are in removal proceedings, you can request a continuance from the immigration judge to wait until your divorce is final. See this memo and this memo.