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How late is a I-751 waiver filing allowed

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  • How late is a I-751 waiver filing allowed

    Hi forum,
    I'm very glad to find this site, which I hope someone might shed some light on my situation.

    I'm married to a citizen in 12/2001, Applied for aos in 10/2002, got my conditional GC in 03/2003. Marriage fall apart to my wife started to have drug addition problem after the marriage. I tried my best but can save the marriage.
    Basicly she left me arounf 08/2004. I finally found her whereabouts and started divorce process. Hopefully it will be finalized in 1 month. My GC was expired in 3/2005.

    Can I still file for I-751 waiver? I know I have a very serious problem, and will seeking lawyer for help. Just want to know if there is any case like mine out there.


    Thanks

    Tony

  • #2
    Originally posted by mrrach2
    Hi forum,
    I'm very glad to find this site, which I hope someone might shed some light on my situation.

    I'm married to a citizen in 12/2001, Applied for aos in 10/2002, got my conditional GC in 03/2003. Marriage fall apart to my wife started to have drug addition problem after the marriage. I tried my best but can save the marriage.
    Basicly she left me arounf 08/2004. I finally found her whereabouts and started divorce process. Hopefully it will be finalized in 1 month. My GC was expired in 3/2005.

    Can I still file for I-751 waiver? I know I have a very serious problem, and will seeking lawyer for help. Just want to know if there is any case like mine out there.


    Thanks

    Tony
    I doubt you can now..........its almost a year after the deadline. You didnt need to find her to file for divorce....you can divorce someone in their absence with certain steps taken when you cant find them ......but anyway your lawyer will better advise you but as far as i know, its too late and your're out of status.

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    • #3
      Even one day after the expiration is too late... and in your situation it is way too late.

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