removing conditions when divorced?

[Derry Lea 2]

Hey guys,I need some help for a friend of mine.What happens when you have to apply for the 10 year green card when you were just recently divorced?I know you have to get a waver,but what is the process.A friend of mine (the US citizen) is looking to get a divorce and we want to find out what will his future ex wife have to do in order to get her documents straight.They really don't want to wait at all.And also how long do you have to wait in the state of Illinois after you get a divorce before you decide to get married again or apply for a fiance visa?Any ideas?Thanks for the help

[RebeccaAndPhil 5]

Hey guys,I need some help for a friend of mine.What happens when you have to apply for the 10 year green card when you were just recently divorced?I know you have to get a waver,but what is the process.A friend of mine (the US citizen) is looking to get a divorce and we want to find out what will his future ex wife have to do in order to get her documents straight.They really don't want to wait at all.And also how long do you have to wait in the state of Illinois after you get a divorce before you decide to get married again or apply for a fiance visa?Any ideas?Thanks for the help

The USCIS website has some information about filing when you're divorced here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

Also, be sure to follow the VJ guide to lift conditions as it also has very useful information: http://www.visajourney.com/content/751guide

The USCIS instructions also clearly lay out what to do when filing after a divorce: http://www.uscis.gov/files/form/i-751instr.pdf

--According to the instructions, you need to include a copy of the divorce decree with the application.

I'm not familiar with the Illinois laws about marrying after a divorce but I've always understood that once a divorce is complete, you are free to remarry. A quick google search may provide a more concrete answer, or maybe someone else knows more about that.

[Brother Hesekiel 2,235]

Once they split, the immigrant needs to file with the waiver. You know that already.

The I-751 will be accepted by USCIS, but once they find out that there's no divorce decree in the package, which can take many weeks, she will get an RFE for it. The application cannot be adjudicated without the divorce being final. That means that timing is of the essence, more precisely, that a person who has not been divorced needs to wait as long as possible before filing for RoC.

If a couple gets divorced before the 2-year window opens, the foreigner is required to file for RoC right away.