MIDDLE OF DIVORCE & HAD AN INTERVIEW BUT WAS STILL APPROVED!

[cherr1980 1]

In that case, they applied jointly...while in divorce proceedings they were call for an interview...they were not divorce at that time, so she couldn't file as waiver due to not having the divorce decree. Even they explained that situation to the officer, the officer granted the 10 year green card.

In the case she would get divorced BEFORE the interview, same situation could happened and she most probably would have to send a new I-751 since they were not longer married. At her interview they STILL were legally married, so they were approved under the joint statement.

They could file jointly and later on get on divorce proceedings...that joint I-751 is still valid until they get divorce.

In her case worked out even better since they split amicable, in the case that is not amicable other scenarios might happened.

I'm confused, I thought you couldn't petition for removal of conditions jointly if you are going through divorce, that you have to wait until the divorce is finalized and have the decree to actually petition removal of conditions with the divorce waiver.

Am I wrong? I assumed that if you apply jointly it means that all is well and good. If you file for divorce, then it's obviously not.

I can only assume that you petitioned jointly, then after petitioning you filed for divorce.

Please clarify.