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Filed: Timeline
Posted

I read that if a marriage ends in divorce, the persons conditional permanent resident status terminates on the date the divorce becomes final. At that time, the person is no longer a permanent resident of the United States and they become ineligible to work or travel outside the United States, among other consequences. As such, it would be wise to immediately file the Form I-751 as a waiver. In this case the divorce was granted 9 months after the temp green card. So in reality there is a year window to apply to reach the 90 day prior to the 2 years with the temp green card.

If the waiver isn't filed for 9-12 months what consequences does the person face?

If they travel out of the US can they re-enter?

If they are working?

If their employer finds out?

What does USCIS do if they are aware of a divorce and it is at least 8 months since the divorce but still 4 months before the 90 day filing of the 2 years?

Posted

No, if someone has the greencard, and they divorce before they remove conditions, that person can file for their own removal of conditions.

Only if they lose the greencard, will they have to leave, and cannot work/travel outside the US.

As soon as the divorce is granted, they can file for removal. They do not have to wait for the 90 days before the expiration of the green card.

1. They should file as soon as the divorce is granted - not wait for the 90 day window.

2. If they have a valid green card, no problems with travel.

3. Same as number 2 - but can work.

4. No matter, valid greencard is good enough to work.

5. again, file now, you do not have to wait.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Timeline
Posted
No, if someone has the greencard, and they divorce before they remove conditions, that person can file for their own removal of conditions.

Only if they lose the greencard, will they have to leave, and cannot work/travel outside the US.

As soon as the divorce is granted, they can file for removal. They do not have to wait for the 90 days before the expiration of the green card.

1. They should file as soon as the divorce is granted - not wait for the 90 day window.

2. If they have a valid green card, no problems with travel.

3. Same as number 2 - but can work.

4. No matter, valid greencard is good enough to work.

5. again, file now, you do not have to wait.

Thanks for your reply. I wrote about my ex-husband, I know that he will need to remove conditions on his own. I don't know if he plans to file or not - that is his problem to figure out. I just wanted to know if he is currently permitted to come and go as he pleases and continue to work without having filed yet.

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Can you please tell us where you have read it?

I read that if a marriage ends in divorce, the persons conditional permanent resident status terminates on the date the divorce becomes final. At that time, the person is no longer a permanent resident of the United States and they become ineligible to work or travel outside the United States, among other consequences. As such, it would be wise to immediately file the Form I-751 as a waiver. In this case the divorce was granted 9 months after the temp green card. So in reality there is a year window to apply to reach the 90 day prior to the 2 years with the temp green card.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Posted
No, if someone has the greencard, and they divorce before they remove conditions, that person can file for their own removal of conditions.

Only if they lose the greencard, will they have to leave, and cannot work/travel outside the US.

As soon as the divorce is granted, they can file for removal. They do not have to wait for the 90 days before the expiration of the green card.

1. They should file as soon as the divorce is granted - not wait for the 90 day window.

2. If they have a valid green card, no problems with travel.

3. Same as number 2 - but can work.

4. No matter, valid greencard is good enough to work.

5. again, file now, you do not have to wait.

Thanks for your reply. I wrote about my ex-husband, I know that he will need to remove conditions on his own. I don't know if he plans to file or not - that is his problem to figure out. I just wanted to know if he is currently permitted to come and go as he pleases and continue to work without having filed yet.

Hi trees,

Looks like you are really obsessed with your Ex_husband, seeing your earlier post as well this one. Since you are no longer part of his life, don't bother what he does and doesn't it's not your problem. As far financial support is concerned, until unless he asks for it or asks for food stamps you don't need to worry about it. If he doesn't apply for I-751/removal of condition that's his problem and not yours.

After his 2-yr GC expires and he doesn't apply. He will be put in the deportation proceedings. Once he's out of the country he's not your problem at all.

Please don't get me wrong, sorry if I sounded rude, but you are thinking too much about it and not your life, which will affect your life and not his.

Also if he's threat, report in police, have a restraining order issued against him and you will be fine.

Wish you all the best.

 
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