Q: When does USCIS sent out REF for I-751?
I have a 2-year conditional green card through marriage which expires in December. Divorce is still pending so I don't have the divorce decree. Now I'm planning on file i751 on my own (joint filing be waived) but am confusing about the timeline: When will USCIS request the divorce decree after I send in the application?
Some people told me once USCIS receives it, they will send me a REF letter.
One told me once USCIS receives it, it will send me the receipt notice, and after about a year (current waiting line) when they start to look at my materials, they will send me the REF letter.
Which is correct?
A: Hi there, if you are planning to file I-751 by yourself requesting that the joint filing requirement be waived based on good faith marriage exception, you will have to submit documents in support showing that your marriage was a bona fide ( real marriage) and a copy of your divorce decree. So to expedite the process of adjudication of I-751, you can file now while your divorce is filed and pending ( attach a copy of the divorce filings) and then eventually USCIS will request a final decree of divorce to finalize adjudication of your I-751 petition ( since you are not eligible for a fona fide marriage exception unless you have a final divorce decree). Good luck!
A: You are going to make a potentially grave mistake if you do not retain an experienced immigration attorney to represent you. Immigration law changes almost daily and there are so many sources of information that an experienced immigration attorney needs to stay current, you have no chance of handling your own case properly. You are also emotionally involved.
A: First, you are not bound by the 90-day window that controls submission of the I-751. You can submit it at any time before or after. The issue is this: if you file after your green card expires, you will be accruing unlawful presence and could be detained by immigration authorities for being in the US w/out authorization. You can file the I-751 along with a copy of the petition and then follow up with a copy of the decree when it is finalized. This will greatly minimize the chances of being detained by immigration authorities.
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