Immigration Issues/late filing of I-751

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Question

I will not be able to meet the deadline for filing the I-751 due to ongoing divorce proceeedings.

What should I do? Or rather what USCIS will do when my status expires?

Their site says you  can write a letter to the director explaining  the reason for the delay and you might be able to file later within "reasonable time" What is reasonable time for the USCIS?

Thank you,
Nick

Answer
My recommendation is to file the I-751 singly (not jointly, as your spouse will surely not sign the Form) on the basis that the marriage was bonafide when entered into. The USCIS will accept the filing but will not approve the I-751 until the divorce is finalized.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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