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Can I apply for I-751 now and get waiting period of one year before interview (my conditional green card got expired 2 years ago: Hi, My conditional green card got expired 2 years ago and my marriage got annulled. If I apply for I-751 now, can I get waiting period from USCIS for one year before interview with immigration officer? How much is the waiting period for I-751 waiver? Will USCIS accepts my application for I-751 waiver?

Asked over 7 years ago in Immigration

Shawn’s answer: You may be able to submit a Remove Conditions on Residence WAIVER case now but I would urge you to work with an experienced immigration attorney to properly prepare this case. A waiver based on "Good Faith" marriage after divorce or annulment must be able to prove that you were really married.

I see several issues from what you wrote the first is that your marriage was annulled not divorced which is as if the marriage never took place and this has its obstacles on proving good faith marriage, the other issue is that its past the time that your conditional card has expired and your status may have already been terminated and you may have been placed in removal/deportation proceedings .... this should be checked. Even if your status has been terminated for not filing a removal on time they may accept your case with a good explanation. If your case was placed in a removal/deportation proceeding you will eventually need to see an immigration judge but you may still be able to file your waiver case... again you need to know where you stand before you file.

As far as the timing once you file the waiver they may send you an extension receipt two or so weeks later or they may send you a letter explaining that your status was terminated but it may have a receipt that says they did accept the case until final adjudication. Please note even if your status is terminated due to late filing they may still approve the case when they adjudicate it in the end. They will then send you a fingerprint appointment letter about two or so weeks after that. These cases generally are taking more than a year for either an interview or approval. However they may request additional evidence or they may request that you come for an interview sooner.

Again I would urge you to speak with an experienced immigration lawyer to discuss all your options, evidence etc. Good luck

Answered over 7 years ago.


Can I stay in Europe for 4 months with my Green card as conditional permanent resident?: My temporary green card category cr6 will expire in August, I'm in Europe by myself since December for private reason, I'm coming back mid March in New York ( after max 4 months away)
Is that an issue for the immigration if I stay a long period outside the us ? Specially Few months before to file the adjustment of condition to remain permanent resident.
I always worked and paid my taxes with my wife on time.

Asked over 8 years ago in Immigration

Shawn’s answer: I agree that you can stay for 4 months but be mindful to continue to maintain your joint documents with your spouse such as bills, insurances, bank statements, etc. and filing your joint tax returns for this past year. You may also document your contacts with your spouse throughout your trip such as screen shots when using text or social media with each other (this is a back up in case their is a question of maintaining your relationship during the trip). Its also a good Idea to bring with you on your return flight a copy of your spouses US passport or US birth certificate, your marriage certificate and any recent joint bills/statements in case you go through secondary screening and are delayed (this is just a back up in case their are questions with your relationship). Good Luck! P.S. Be careful not to be outside the US for more than 180 days as this may be an issue for Naturalization/US Citizenship later on.

Answered over 8 years ago.


Do I need a death certificate for 1st husband when trying to get green card for second husband from africa: 1st husband gravely ill.
He was given 1 month to live.
So he wanted to go back to Africa thats where he died.
Legally married again
We are now doing paperwork for greencard n I dont have death certifacate

Asked over 8 years ago in Immigration

Shawn’s answer: Your first husband's death certificate will need to be provided as evidence that your second marriage came after the end of your first marriage, regardless of where he passed away.

Answered over 8 years ago.