Husband and I just split. (literally 15 minutes ago)

[cholet 0]

So, 15 minutes ago myself and my husband decided that we were 2 completely different people and after 4 years of trying to make it work, we are giving in! We are both feeling pretty good about this, but we need to know what to do about immigration...

I am currently waiting for my 10 year greencard. I filed I-751 already and have been to the biometrics appointment that I received after that. So really I am just waiting to either get the "we need more evidence" letter or my greencard in the mail. So here are my questions...

1. If we get divorced right now, do I need to file anything with INS? Do I need to tell them that I am no longer married? Will this affect receiving my 10 year greencard?

2. If this does affect my greencard....if I stay married to him and get divorced after my greencard arrives....what would I need to file then? If anything?

3. Does anyone have some champagne?

[MoroccanInTexas 24]

I was about to say sorry about the split, but once I got to the Champagne part I was not sure if it is the appropriate thing to do.

1- you do not need to file anything with the USCIS. for a valid reason, divorce may take up to a year to finalize...If you guys get the divorce decree and then you got called for an interview, you can then clarify the situation with them. Most likely you will get your GC before getting divorce.

2- in that scenario again you do not need to do anything

The only thing that will change now is the period you need to wait before applying for citizenship. if you stay married it is 2 years and 9 months after your first GC. if you are divorced it will be 4 years and 9 months.

Good luck.

P.s I can not help with the Champagne as I do not drink

Edited February 20, 2009 by MoroccanInTexas

[cholet 0]

Ok...how about this. We get a divorce and it comes through before my GC, what if they call for more evidence? I write back saying that we got divorced? They won't deny my GC ?

[Dakine 26]

People approach your situation in different ways. Some just go on a see what happens. Others after getting final divorce decree cancell and refile the I-751.

If you do get the GC under false circumstances there may be problems. Especially if you go for US citizenship.

[cookiee 0]

Let's hope you are not going to get RFE..