Astoria, NY asked in Divorce for New York

Q: I filed an uncontested divorce in Feb 2019. Need the divorce decree for my (immigration) green card extension in Nov.

Checked with the clerk last week, it is still pending and nothing need to do.

Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from USCIS'?

One time now, so if it approves I could have all documents ready for my application to the extension. If this time fails, I will start the application without a divorce decree, and get a "request of evidence" from USCIS, and then submit the expedited request with this request again.

I prefer to have all documents ready before submitting the extension request to USCIS. Because I only have 87 days to submit the decree after my application of extension.

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2 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: If you have a lawyer, check with him about the status of the divorce judgment, if you don't have a lawyer, check with the clerk of the Supreme Court if the judgment has been signed and if not what is holding it up (you can also request that the judgment be expedited due to the need of immigration purposes). If the judgment has been signed, you can get copies at the county clerk.

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