PR Status during Divorce

[roychoudhury@houston]

Hi
I am married to a US citizen - who has filed for a divorce with little or no chance of we getting back together. My 2 year mark is coming up in September. If I don't get a divorce by then I will not be able to apply for removal of restrictions on my PR card. So what are my options if I get a divorce at the very last minute. Needless to mention my spouse will not sign any papers regarding remal of restresting or neither appear if there be a day of interview. If my GC date expires before or around the time of actual divorce what's my status - do I have to fly back ASAP as I will be out of status?
Thanks

[newacct]

You can still file I-751 with USCIS on the basis of divorce even if your divorce isn't final. They will give you an RFE to provide the final divorce order. If your divorce is finalized within that period then it's all good. If your divorce doesn't finish before the RFE period is over, they will deny the I-751, but you can re-file it when your divorce is final. After denying your I-751, they will likely put you in removal proceedings. You can re-file I-751 with the immigration judge in removal proceedings, and they will pause the proceedings to wait for your divorce to be final before adjudicating your I-751. Removal proceedings might sound scary, but it's the normal process in such a case. You may be able to get an I-551 stamp as temporary proof of permanent residency while in removal proceedings.

Alternately, you can just not file I-751 when your 2 year card expires, and wait until your divorce is final to file I-751 with USCIS if you haven't been placed into removal proceedings yet. An I-751 filed on waiver basis doesn't have to be filed in any particular window of time, so you can still file it (or re-file it) after your 2-year card expires, and any time up to, and including, when you are in removal proceedings.

See this memo and this memo for more information.

[roychoudhury@houston]

On the same note - My driver license expires exactly on the same date. How do I keep it valid. Will showing the application I-751 to DMV help in prolonging my driver license?