Fraud or not?

[Dakine 26]

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

[TayRivers 4]

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

If she applies for Citizenship she will have to provide a copy of the divorce papers and it will be found out that she was granted unconditional status based on a marriage to a USC without filling for a wavier, they (USCIS) may well revoke her Greencard as it was granted fraudulantly. She would be much safer to be honest and file based on married in good faith.

If she does not report it she is commiting fraud.

[russian_armenian 4]

By law, she must report in writing that she is separated during I-751 pending. But of course, she might fly without any problem and I-751 might get approved. But why to live in constant fear that somebody would report on her to CIS that she got divorced before removing of conditions? Would she know for sure that 5 years down the road her ex-hubby would not decide to report? The point is, if she approved after divorce, her GC is invalid and could be revoked at any ANY time. (I am not even mentioning citizenship-she just cannot apply for it).

She needs to send a new I-751 with waiver ASAP.

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

[Dakine 26]

By law, she must report in writing that she is separated during I-751 pending. But of course, she might fly without any problem and I-751 might get approved. But why to live in constant fear that somebody would report on her to CIS that she got divorced before removing of conditions? Would she know for sure that 5 years down the road her ex-hubby would not decide to report? The point is, if she approved after divorce, her GC is invalid and could be revoked at any ANY time. (I am not even mentioning citizenship-she just cannot apply for it).

She needs to send a new I-751 with waiver ASAP.

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

Yo RA! Can't find the law or in the instructions stating she must report marital status change during the process! Can you help?

[russian_armenian 4]

I post the same info 3rd or 4th time in a week. Again, read it.

Here is my post from other forum.

__________

So, below are actual cut-offs from USCIS regulations and memos. One memo below is from 2003 and the other - 2005.

What I have gathered, if there is no final decree at the time of interview (and with hope that the case was not denied without interview), CPR status might be revoked but she might appeal to judge. And judge should give I-551 stamp till divorce is final and she would have to appear again.

Some on this forum write that in this situation lawyers are sending I-751 with waiver (like divorced) and explain in cover letter the situation. The memos and adjudicator's mannual are somewhat contradictory because according to mannual (you can find it on CIS web), you dont need spouse signature if he does not want. Memo is more strict or I am missing something. I hope it helps.

-----2005 memo----

If the petitioner and beneficiary filed an I-751 petition jointly but:

a)separate before a decision is made on the I-751, the beneficiary should notify

the NSC that he/she is currently separated by mailing the explanation to the NSC

at PO Box 82521, Lincoln NE 68501-2521.

b)get divorced while the I-751 petition is pending, the beneficiary should notify

the NSC that he/she is divorced, and submit a copy of the divorce decree to the

NSC at PO Box 82521, Lincoln NE 68501-2521.

• If the petitioner and beneficiary are separated or have initiated divorce

proceedings at the time the I-751 is due to be filed, the petitioner and beneficiary

may still file a joint petition if the petitioner is willing to sign the petition. If the

petitioner is not willing to sign a joint petition, the beneficiary is not eligible to file

a petition requesting a waiver of the joint filing requirement due to divorce until

the divorce is final UNLESS abuse is the basis for such a filing. The alien’s

status may be terminated because s/he has been unable to file a timely I-751

and s/he may be placed in removal proceedings.

-----adjudicator's mannual----

Waiver . The conditional permanent resident, acting alone, may apply (also on Form I-751) for a waiver of the requirement to file the joint petition. See 8 CFR 216.5 .The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

• The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

• The refusal of the petitioning spouse to join in the filing of the petition;

• A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

• The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent; or

• Any other reason which is provided for in the Act.

Note : The alien may cite multiple reasons for filing the waiver application. In fact, other than the battered spouse/child waiver, all reasons MUST be applied for at once. (The battered spouse/child waiver may be sought either in combination with other reasons listed on the same Form I-751, or on a separately-filed Form I-751.)

-----2003 memo----

As such, an alien whose conditional resident status is approaching the 2-year anniversary

of the grant of such status, but who is unable to file a joint petition to remove the conditions

because divorce or annulment proceedings have commenced, may not apply for a waiver of the

joint filing requirement based on the “good faith” exception. If an alien’s conditional resident

status is terminated because he or she could not timely file a Form I-751, and he or she is placed

in removal proceedings, then he or she may request a continuance from the immigration judge to

allow for the finalization of the divorce or annulment proceedings. It is noted that the

conditional resident whose status has been terminated should be issued a temporary I-551 during

the pendency of his or her case before the immigration judge (see Genco Opinion 96-12

By law, she must report in writing that she is separated during I-751 pending. But of course, she might fly without any problem and I-751 might get approved. But why to live in constant fear that somebody would report on her to CIS that she got divorced before removing of conditions? Would she know for sure that 5 years down the road her ex-hubby would not decide to report? The point is, if she approved after divorce, her GC is invalid and could be revoked at any ANY time. (I am not even mentioning citizenship-she just cannot apply for it).

She needs to send a new I-751 with waiver ASAP.

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

Yo RA! Can't find the law or in the instructions stating she must report marital status change during the process! Can you help?

[russian_armenian 4]

I just dont have time to research this. But if you are so interested, good starting point is fiels adjudicator's mannual on USCIS web.

By law, she must report in writing that she is separated during I-751 pending. But of course, she might fly without any problem and I-751 might get approved. But why to live in constant fear that somebody would report on her to CIS that she got divorced before removing of conditions? Would she know for sure that 5 years down the road her ex-hubby would not decide to report? The point is, if she approved after divorce, her GC is invalid and could be revoked at any ANY time. (I am not even mentioning citizenship-she just cannot apply for it).

She needs to send a new I-751 with waiver ASAP.

Lady applies for removing conditions. During the processing time hubby divorces her and divorce is final before she gets the 10 GC WITHOUT interview.

Should she let it fly? Take the 10 GC and run? Will something pop up if she applies for US citizenship?

Is it fraud not reporting the divorce during the ongoing processing? What if she doesn't apply for USC at all?

Maybe have problems when she tries to renew?

Yo RA! Can't find the law or in the instructions stating she must report marital status change during the process! Can you help?