When do I have to submitt I-751 After divorce

[mafzy]

Unfortunately I divorced now i am concerned when do I have to file I-751 for waiver. My green card will expire on August 2016, and I will get my final divorce degree in July 2015. Do I have to wait till May 2016 like 90 days before expiry date of conditional green card or should I apply for the waiver just after receiving divorce degree.
Thank you

[rayb]

The USCIS instruction is that you should apply for a waiver from joint filing and submit your I-751 after a divorce. My advice, however, is to hold off submitting the I-751 until the 90-day countdown before expiration of your existing card. The rationale for delaying is to wait for a possible reconcilation with your husband, and/or to gather additional evidence of the relationship failure being unavoidable.

--Ray B

Unfortunately I divorced now i am concerned when do I have to file I-751 for waiver. My green card will expire on August 2016, and I will get my final divorce degree in July 2015. Do I have to wait till May 2016 like 90 days before expiry date of conditional green card or should I apply for the waiver just after receiving divorce degree.
Thank you

[mafzy]

Thank you so much for the quick reply. I am worried about one thing just suppose they will deny my i-751 then what would happen as I am doing medical residency and I dont want any break in my training so what would happen would I able to challenge the decision in court and in the mean time I still live as a legal resident and continue my training. Thank you so much Ray b

[rayb]

There are a lot of "ifs" in your future. For starters, when you file the I-751, you'll receive an automatic one-year extension to allow for time to process you I-751. But if you are asked for additional evidence, and provide reasonable evidence that the relationship failure could not be avoided, and you have proof of counselling and other evidence oftrying to keep the marriage intact, and if your submittal package and subsequent evidence is packaged professionally, YOU ARE NOT LIKELY TO BE DEPORTED.

--Ray B

Thank you so much for the quick reply. I am worried about one thing just suppose they will deny my i-751 then what would happen as I am doing medical residency and I dont want any break in my training so what would happen would I able to challenge the decision in court and in the mean time I still live as a legal resident and continue my training. Thank you so much Ray b

[mafzy]

Thank you so much again, You made my day, I was soo worried

[mafzy]

just last question Ray b

thank you again, I have one last question for you I hope you would answer it as well. If they deny my 751 and my case go into court hearings so am i able to maintain my legal status at that time means would they stamp my passport during the court proceedings.

Thank you