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I751, divorce and 87 day RfE in California

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  • I751, divorce and 87 day RfE in California

    Hi everyone,

    I hope you can help me a little, this issue is giving me so much anxiety! Here is my case which I need some help with.

    Location: California

    - Married December 2016

    - Received 2-year green card

    - Filed I-751 for removal of conditions 08/2019

    - Biometrics accepted (automatically by USCIS) May 2020

    We are breaking up. Our relationship has come to the end because whatever we do (and we have done everything) it is just not working it's not that there isn't love, it's that there is too much toxicity. Not just do we have to work through the divorce process but I now have to worry about immigration, too.

    The question I have: Divorce in California takes at least 6 months. My understanding from USCIS is that they will accept my I-751 waiver without evidence of a final divorce, then “Request for Evidence” asking for the final divorce decree within 87 days. USCIS website also says if divorce is not finalized within 87 days that I will most likely be placed into removal proceedings. (Source: link)

    But... Since the divorce proceedings will take AT LEAST 6 months here in California, clearly I will miss the 87 day requirement. I am wondering how to proceed? Surely this is not such a unique situation? I can't find anything online. Please help me! Thank you.
    Last edited by ceci1073; 10-09-2020, 03:48 PM. Reason: link

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