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I need to travel outside USA,my temporary green card is expired.My I-751 case is pending because my divorce has not been final

Redondo Beach, CA |

I want to travel outside USA.I got 1 year renewal of my temporary green card when I filed for I- 751 based on good faith marriage on October 2011.I got my interview in May 2012 with the IO and she gave me 3 months ..till august 2012 to submit divorce Judgement. But I could not do that because my divorce is still going on,we have no children,my spouse is just dragging the divorce.

My concerns are I want to travel outside and want to come back to USA and do have to file again my I 751 as I have heard nothing from the immigration department.

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Attorney answers 3

Posted

Given these facts you may need to refile. But wait for the denial first. I do not recommend traveling while your application is still pending. My best advice is to consult an attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

Asker

Posted

First, why I have to refile. second what made you assume it will be denied. I mean to say on what basis you made that comment

Asker

Posted

thanks

Alexus Paul Sham

Alexus Paul Sham

Posted

Generally if you do not comply with an immigration officer's request within the allotted time this leads to a denial. You state that you did not submit your divorce decree to the immigration officer. I also agree with my colleagues that you should not leave the US.

Asker

Posted

Yes I could not submit the divorce by time.I sent it yesterday as I got the Judgement on monday. But they have not sent me any denial letter the due date to submit was August 20 2012. what should I do in the present scenario

Asker

Posted

Should I keep waiting to get a denial letter and then re apply and how long they can take to notify me .According to your statement my 751 should have been denied till now.So does it take 10 months for USCIS to notify.Thanks once again

Posted

NO don't leave the US.

RUSH the divorce.

Hire an immigration lawyer ... you might have to file a new I-751.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

why I have to file a new I 7 51.

F. J. Capriotti III

F. J. Capriotti III

Posted

Although I've heard it happen in some rare cases, normally CIS does not allow people to convert a 'joint' 751 into a 'waiver' 751.

F. J. Capriotti III

F. J. Capriotti III

Posted

For the foregoing reason, you need to hire an immigration attorney ... as-soon-as-possible.

Posted

Based on the limited facts you've provided, I would not travel internationally. Instead, I'd retain counsel to review the matter and all documents that you've been provided by USCIS.

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