Divorce before removal of conditions on permanent resident status.

[Rings 10]

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$!

I know, right??

I asked Krikit about possibly getting that article pinned in this forum. We have questions like this several times a day (and not just in this forum either - often times in the removing conditions forum itself).

That would be an excellent idea. I don't know how many times I answer this same question everyday hahahaha

[Standalone 0]

I have "hear" (so don't take that for granted) that if the conditional green card holder initiates the divorce this means that he is at fault and may bring trouble to him/herself. Are you the one who is filing? or your US spouse?

Experienced people, please advice.

Thank you.

[Rings 10]

It does not matter who files for divorce if you can prove you entered the marriage in good faith. Proving you are legimate is the most important thing. Relationships sometimes don't work out. The USCIS understands that, they just want to be sure that you are not committing fraud.

[jairoshott 0]

i have a question my green card expire in 2010 sep i try file the i-751 in good faith thi is my evidence ahh the hearing is in november 16 2009 i will like to my ccountry and reentry us before the final hearing in nov 16 can i go my country with out a problem and this is the evidence ahh m not gonna file after i have the devorce decree

1-car insurance

2. Copy of Green Card, front and back

3. Tax returns 2008

4-pictures are marriage

5 pictures vacations

6 dental insurance

7 credic card

8 mail to the same addrees her and i

9 deeds both names

10 life insurance

11 and affidavits from friends notarized

12 tickets for the the trip we did

13 membership in the gym

thats the only i have and wait for the divorse decree

do you think everything is okay thank you for your advice

K-1 Visa

EventDateService Center :California Service CenterConsulate :Costa RicaI-129F Sent : 2007-06-18I-129F NOA1 :2007-07-09I-129F RFE(s) :RFE Reply(s) :I-129F NOA2 :2007-11-06NVC Received :2007-11-26NVC Left :2007-11-27Consulate Received :2007-11-30Packet 3 Received :2007-12-11Packet 3 Sent :2007-12-11Packet 4 Received :2007-12-17Interview Date :2008-01-08 Interview Result :Second Interview

(If Required):Second Interview Result:Visa Received :2008-01-09US Entry :2008-03-19Marriage :2008-05-17Comments :Called consulate and requested them to call when pack 3 was ready, they prefer that we personaly pick up. Packet 3 was ready on 12/3/07. Was told that as soon as we are ready after pack 3 was picked up, we can schedule an interview.

Was told that we would get a call on 12/17 to schedule a interview date.Processing

Estimates/Stats :Your I-129f was approved in 120 days from your NOA1 date.

Your interview took 183 days from your I-129F NOA1 date.

Adjustment of Status

EventDateCIS Office :Cincinnati OHDate Filed :2008-06-15NOA Date :2008-06-19RFE(s) : Bio. Appt. :2008-07-15AOS Transfer** :Interview Date :Approval / Denial Date :Approved :YesGot I551 Stamp :NoGreencard Received:2008-09-19Comments :Never had an interview. Just got the card in the mail.

Employment Authorization Document

EventDateCIS Office :Chicago National OfficeFiling Method :MailFiling Instance :FirstDate Filed :2008-06-13NOA Date :2008-06-19RFE(s) :Bio. Appt. :2008-07-15Approved Date :2008-08-22Date Card Received :2008-08-26Comments :Processing

Estimates/Stats :Your EAD was approved in 70 days.

Advance Parole

EventDateCIS Office :Chicago National OfficeFiling Method : Filing Instance :FirstDate Filed :2008-06-13NOA Date :2008-06-19RFE(s) :Date Received :2008-08-23Comments :Processing

Estimates/Stats :Your AP was approved in 66 days.

[resilient 2]

Thanks Tracy, most helpful post ever for I-751 Waiver applicants.

I have a warning though... do not ever use this lawyer's services - Mr. Lee, in NY. A few years back, he was supposed to file for a work visa in name of the company that hired me, and procrastinated waiting for the company to send him a check... and in spite of me asking what was going on, he didn't let me know about this "detail". Then the cap for the visas was completed for that year.

This man basically made me waste 1 year+ of my life. Well, at least now he posted something helpful. But I wouldn't trust his services.

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

[resilient 2]

Here is the direct link for the original Memorandum at the USCIS page for the file:

"I-751 Filed Prior to Termination of Marriage" (155KB PDF)

Donald Neufeld, Acting Associate Director, Domestic Operations Directorate

04/03/2009

General Memorandum page (go down to April 2009, that's where the file was added):

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

Memorandum by Subject > Conditional Residence - we should all bookmark this one to check for news regularly!

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

Memorandm PDF:

http://www.uscis.gov/files/nativedocuments...tion_3apr09.pdf

Thanks Mr. Neufeld, whoever you are

[TracyTN 237]

Thanks Tracy, most helpful post ever for I-751 Waiver applicants.

I have a warning though... do not ever use this lawyer's services - Mr. Lee, in NY. A few years back, he was supposed to file for a work visa in name of the company that hired me, and procrastinated waiting for the company to send him a check... and in spite of me asking what was going on, he didn't let me know about this "detail". Then the cap for the visas was completed for that year.

This man basically made me waste 1 year+ of my life. Well, at least now he posted something helpful. But I wouldn't trust his services.

I didn't mean to imply any endorsement for that attorney - I just thought it read well; less legalese than other things I had seen. The links you provided are also helpful.

[ahlm 0]

I think you have to leave as soon as your 2-yr GC expires.

He already knows that he has to leave !! He needs help if you can give him help to stay here !!!

[Sebas&Lily 3]

Great info in here! I will show this to my friend who is going thru this now.

[inneedofhelp 1]

Hello,

well my name says it all. im here for some help and some advice off whoever can help me in my current situation.

Very recently me and my wife (my wife being the american) agreed on a trial seperation. Well she is the one that wanted to do this and addressed me with it. Things havent been going as smoothly as they should have for a little while now. I came here on the k1 visa and received my 2 year greencard but that is about to run out within the next couple of months. In all honesty i dont know the date it does run out but i know its soon.

So basically im here for advice on m situation.

1) will i have to be removed from the country after this 2 year greeen card runs out?

2) what steps do i need to take in order to start this process?

I want to be clear that there is no talk of divorce as of yet. but as of right now she does not want to let me in to repair our marriage. i love my wife and i do not want it to end in divorce. Im addressing this subject because i know the current 2 year visa is ready to expire. I want to know what to do if my wife still wants to be seperated but not divorced by the time this paperwork for the 10 year greencard needs to be submitted.

I have read the other posts in this thread, but i just cant get my head around all the words and terms.

So if anyone can beak it down for me to where i can understand what to, what to expect, i would be very very greatful.

Thankyou so much in advance.

[TracyTN 237]

http://www.visajourney.com/forums/topic/220094-divorce-before-removal-of-conditions-on-permanent-resident-status/

[Hello. 2]

You have to be divorced prior to the expiration of the card, then you can file the I-751 without the signature of the spouse.

[Ryan H 3,812]

Thread closed to additional discussion; pinned topics are meant for information and not general Q & A. If you have a question, please start your own thread.