Divorce & Removal of Conditions

[aidan80 9]

This has been asked before and I've done some brief reading on it but from those with experience I need to ask.. what is the process if like me I've gone past the 2 year GC, applied for removal of conditions (don't have the 10 year card yet) while married but is now likely facing separation and eventually divorce.

We appear to be in the early stages of separation but both parties seem to be in agreement of the outcome at this stage. There won't be any contest by either of us and both of us appear equally as devastated by all of this. No fault by any one party we have and are going apart and pushing in two different directions in life, instead of complimenting our differences as we once did they now cause friction which we never seen at the start. We don't have a lot of things and very minimal debt.. student loan and a credit card used to build credit, saved and bought everything else including two cars. We'll most likely split up very clean without needing any liars. We could technically remain and be legally married for a few more months, it'll likely take that long to sort everything else out and split things up. We don't hate each other and will most likely try to remain friends after all of this.

I know this is a depressing thing to have to do but unfortunately some of us end up here. I could always go back home and have considered it but the way the economy is everywhere I'm best staying here for now. I've two choices go home, have friends and maybe no job or stay and have no friends for now and a job.. least the friends can always visit.. the job wont! I appear to have moved into a decent enough job at the minute been promoted a few times there's a decent level of job security and I'd likely make half what I'm making back home right now lol. Not that I'm making a lot of money.. I'm just not working for the slave driver at the bank thank god!

[Mary Lou 681]

Aidan,

I am not sure what happens seeing as you have applied for your 10yr GC. Obviously your marriage was entered into good faith, and you provided necessary documents proving that. Sorry i have no info for you.

Just wanted to say im sorry things havent worked out, and wish you all the best.

Edited March 1, 2009 by garyandmarylou

[Ladylethal 12]

You might not be called for an interview in which case you just wait for the GC, no problem. If you do get called for an interview and your wife goes with you to help you, you also might have no problems if the divorce hasn't been finalized yet.

If the divorce is finalized before your receive your GC and you're called for an interview then you should let them know and apply solo again, and with proof is was a bona fide marriage in the first place.

Please correct me on the second part if I am wrong, am not 100% sure of the procedure if the divorce is finalized before completion of I-751.

Edited March 1, 2009 by Luis&Laura

[aidan80 9]

Thanks, yes we entered in good faith but it looks like it ran it's course and is outta steam.

Well she appears willing to help me and I'm sure if we where not officially divorced by the end of the year that wouldn't be a terrible thing either. I'm expecting with some luck to have the GC around December if I'm counting correctly. I'm sure she'd come with me if we where called for an interview and explain the truth. I think that's what has me worried do I have to reapply now or if I'm still legally married and all was good before just wait it out. Would we get into trouble if called for an interview and said, sorry we split up but are not officially divorced yet?

I'd prefer not to have to pay to refile unless I had to but if I could wait it out that would also be nice as well.

[Ladylethal 12]

I'm pretty sure I've read around that if you're still legally married and receive your GC you're good to go. You only need to reapply if your divorce comes around now, before interview, before approval.

[cookiee 0]

i wouldn't in a hurry to divorce.. just take it easy

if you are not called for interview, you'll be fine and get your 10 years green card

[aidan80 9]

Thanks for the responses! That's what I was hoping to hear, having the soon to be "ex" on my side and keeping her there will help if we did get called in for an interview.

[cholet 0]

I am going through exactly the same thing. I filed to remove my conditions for my 10 year in july 08, I have just split up with my husband. We are not going to get a divorce yet, we are planning on waiting a good 6-8 months to make sure that is what we want. I plan on waiting and if my greencard arrives before we get divorced, great. If it doesn't I imagine I will withdraw and refile as "single"