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    gwop's Avatar
    gwop Posts: 23, Reputation: 3
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    #1

    Jan 24, 2013, 01:52 PM
    Expedite Uncontested Divorce Processing In NY.
    My wife's Divorce Attorney filed for an Uncontested Divorce based on "irretrievable breakdown in relationship for at least six months."

    However, because her petition to lift conditions on my permanent residency is still pending, CIS (Citizenship and Immigration Services) gave me 87 days to submit "legal proof of termination of marriage" or they will issue a Notice of Termination of Conditional Resident Status and start deportation proceedings against me.

    Is there any way to expedite the Court divorce processing?

    Since it was a simple/uncontested divorce, and for obvious reasons I did not want to complicate things or lengthen the process, I did not hire my own Divorce Attorney. Yesterday I was told by her Lawyer's office that apparently the Queens Court is busy with uncontested divorces and that it will take longer than 87 days to get my divorce finalized.

    Is it too late to hire my own Divorce Attorney? Would they be able to help expedite the process now?

    My deadline with CIS is in four weeks. Any advice will be greatly appreciated.
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
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    #2

    Jan 24, 2013, 02:08 PM
    Get your own lawyer ASAP!! Contest her allegations vigorously.
    gwop's Avatar
    gwop Posts: 23, Reputation: 3
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    #3

    Feb 1, 2013, 01:29 PM
    Thank you for the advice. I contacted an Attorney I was referred to by the New York City Bar Association and was told that the Court would not expedite my divorce just because Immigration is requesting it.

    However, my Tax Attorney told me that sometimes there is a reason why some Lawyers fees are noticeably higher than others practicing in the same field, suggesting that some are willing to think outside the box or go the extra mile, while others can't be bothered.

    I was hoping to find either some advice on the subject or even better to be referred to someone who can provide that type of service.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 1, 2013, 06:16 PM
    CIS... gave me 87 days to submit "legal proof of termination of marriage"
    That's where getting a lawyer who is willing to "think outside the box" is a good idea. If I were your lawyer, I would submit the following to CIS:
    • proof that your divorce is pending
    • a detailed explanation of the circumstances why it is unlikely that the divorce court will be able to finalize it within the time frame they have given you.


    That very well might satisfy CIS.

    Is it too late to hire my own Divorce Attorney?
    No. Of course not.

    Would they be able to help expedite the process now?
    Hard to say.
    gwop's Avatar
    gwop Posts: 23, Reputation: 3
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    #5

    Feb 2, 2013, 12:33 PM
    Thank you for your time and support. Your suggestion about what I should submit to CIS is exactly what that Divorce Attorney intended to do. She said that there was nothing she could do to expedite, but that I should contact her a week before the CIS due date and she would have written an affidavit explaining, like you said, that the divorce is pending and the circumstances as to why it takes as long as it does to get a final divorce decree.

    So I appreciate your response as it helps me keeping that glimpse of hope and a positive attitude.

    I will keep you posted on new developments.

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