Remove GC conditions after CA Divorce? Legal Separation?

[lynn2000 0]

If I get divorced, should I stay in the state where I live and divorce to apply for removal conditional GC or I can move to another state and apply for removal condition from there? I heard usually the application with waiver will be transferred to local office, does that mean in the future my case will be transferred to the state where I live and divorce rather than the State where I am going to send my application from? which means I might need come back for an intervew?

[3600rs 24]

If I get divorced, should I stay in the state where I live and divorce to apply for removal conditional GC or I can move to another state and apply for removal condition from there? I heard usually the application with waiver will be transferred to local office, does that mean in the future my case will be transferred to the state where I live and divorce rather than the State where I am going to send my application from? which means I might need come back for an intervew?

You waiver will follow you depending on where you move. Interviews are held at the local office you reside in. So, no worries you can change state, but it also may cause delays in processing.

[3600rs 24]

Well, it would be nice to see some survey results -- has anyone here removed conditions from their green card after divorce? (where US citizen was willing to sign forms) How bad was it?

Many have removed conditions after divorce. You can attest for your wife that you'll got married with good faith.

The USCIS sees "Legally Separated" as "Married", so they shouldn't require any waiver with the green card conversion, right?

Depends on the Service center IO, there could be an interview, and a possibility of the joint 751 denied since you'll are legally separated.

Anyone here removed green card conditions while legally separated? How easy was it?

There is a new memo for cases in limbo, where the divorce is not finalized. These applications can be appended from Joint to Waiver when the divorce decree is available.

[lynn2000 0]

You waiver will follow you depending on where you move. Interviews are held at the local office you reside in. So, no worries you can change state, but it also may cause delays in processing.

It means it is better to stay at where I am now. But why it may cause delays? Because they will do investigation in the state where i am living?

[3600rs 24]

It means it is better to stay at where I am now. But why it may cause delays? Because they will do investigation in the state where i am living?

You will never be in the front line when you change locations. Moving or not, your file is subject to standard investigations.

[lynn2000 0]

You will never be in the front line when you change locations. Moving or not, your file is subject to standard investigations.

My husband applied for K1 visa for me from TN, then we moved to PA and applied for AOS from there, and we moved back to TN later, so, even if I am not going to move, I will apply ROC from a state which is different from where I applied for AOS. so if I move to another state, that would put me even more behind in the line or it doesnt matter since I have already moved away from the place I applied for AOS?

Another question-- most likely, I will send application here and then move to another state, then which local office will take care of my case? This will make processing even longer right?

[3600rs 24]

My husband applied for K1 visa for me from TN, then we moved to PA and applied for AOS from there, and we moved back to TN later, so, even if I am not going to move, I will apply ROC from a state which is different from where I applied for AOS. so if I move to another state, that would put me even more behind in the line or it doesnt matter since I have already moved away from the place I applied for AOS?

Another question-- most likely, I will send application here and then move to another state, then which local office will take care of my case? This will make processing even longer right?

AOS has nothing to do with your ROC. Give yourself one year for ROC.

[harry_pothead 0]

According to what you stated, your wife will have NO PROBLEMS filing successfully for ROC without you. The documentation you have at hand is more than sufficient.

We spoke to an immigration attorney, who said while its possible, it's not exactly easy. First of all, she will have to appear in court on at least two occasions, possibly more. When filing a waiver I was told it by the lawyer it is always necessary to appear in court. Secondly, she will need to retain a lawyer to represent her, which will cost more than 5G. I asked why a lawyer was necessary, and the answer was that if you don't have a lawyer, you probably will get denied.

The other bad news is that it would take a "couple of years" since the court dates are set far into the future.

[igomo 0]

Sounds like you need to hire another attorney. Court only happens if the I-751 with the waiver is denied, which it sounds like he's planning for, which is not good :-)

We spoke to an immigration attorney, who said while its possible, it's not exactly easy. First of all, she will have to appear in court on at least two occasions, possibly more. When filing a waiver I was told it by the lawyer it is always necessary to appear in court. Secondly, she will need to retain a lawyer to represent her, which will cost more than 5G. I asked why a lawyer was necessary, and the answer was that if you don't have a lawyer, you probably will get denied.

The other bad news is that it would take a "couple of years" since the court dates are set far into the future.

[Mark Henry 0]

Ya legal separation is the best method in your case as you can live separately and she also gets her green cars yet its the new one as i have heard and the one who had been through this can tell you better.

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