Is It True That The Conditional Status Can Be Removed

[Nahathai_Ike 0]

Hello,

I do wonder whether the above statement was completely true and accurate.

An American husband filed a no-fault divorce with the wife whose conditional status was required to file the I-751. After listening to the entire story, there were no abuses or mistreatment involved. The marriage was based in good faith. She hired a lawyer to file a waiver, which was also described in I-751 instructions.

In the present, she still receives some monetary support from her "soon to be ex-husband" as well. Her GC is already expired. After the divorce has been finalized, there were no alimony. She does not even hire the divorce lawyer because she solely relied on her ex-divorce lawyer. (She told me that it was good that she did not even have to pay a penny on the settlement.)

She told me that she could get a 10-year GC. (The divorce is not yet finalized. Her lawyer said that, it was not a problem. All he wants is a divorce decree and she could get a 10-year GC. Then, he will submit a form called, I-752 (not I-751) which I do not know what it is. I guess it is not a standard USCIS form.)

******************************

I felt very strange that, if the situation turns out like she describes, everyone should get the 10-Year GC with or without any divorce.

I thought that the USCIS would only consider the cases that were abusive in the relationship. However, it was turning out to be a peaceful divorce. They even help each other to accommodate any requests.

All comments are welcome. I was surprised to hear something like this, that's all. Thanks.

[mozplay 29]

It is true that you can get your 10-yr GC after divorce ... of any kind. You need to file a waiver but I don't know enough about it to give details or form numbers etc.

However, since your friend's GC is already expired, then it's not such a straightforward case since she will have to provide good reason why she didn't file within the 90-day window prior to the card expiring. This can be done but it needs bearing in mind.