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bgreed

Divorce during removing of conditions

By bgreed in Removing Conditions on Residency General Discussion

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bgreed Enthusiast

bgreed   0

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Filed: IR-1/CR-1 Visa Country: Ukraine
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My wife and I have decided that we are really not meant for each other and so have decided to divorce. The question comes in that September is the time that we should file for the removal of conditions so she and her son can get their ten year green cards. There is no angst between us just two people who can't live together. She wants to be able to stay in the US as we have a two year old together and of course I want her to stay for this same reason. What should we do to make this work for the both of us?

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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My wife and I have decided that we are really not meant for each other and so have decided to divorce. The question comes in that September is the time that we should file for the removal of conditions so she and her son can get their ten year green cards. There is no angst between us just two people who can't live together. She wants to be able to stay in the US as we have a two year old together and of course I want her to stay for this same reason. What should we do to make this work for the both of us?

She can file to remove conditions on her own. She can file while the divorce is pending, but will have to wait for the final decree before a final decision can be made.

YMMV

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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At this point, filing jointly is not an option anymore, legally speaking, as it would constitute fraud.

You guys need to split and file for divorce immediately. Time is not your friend. As soon as the divorce if final, she files alone with a waiver. All that matters for ROC is that she entered the marriage in good faith. Your child is top evidence for that.

If you are not divorced by the time her GC is about to expire, she files nonetheless and will receive an RFE, asking for the divorce decree. All of this will take time, which helps in your situation.

Only in case after all of this has passed and the divorce is still not final, things get a bit complicated, but I don't want to get into the specifics of this at this point in time.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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bgreed Enthusiast

bgreed   0

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Filed: IR-1/CR-1 Visa Country: Ukraine
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From what i have found out it takes about nine months for a divorce to be finalized here. Do you think USCIS will wait that long for the decree? Her Green card expires in December that is why the September filing is important.

Edited by bgreed
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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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You did not understand the point I was trying to make. Your wife needs to file in December in order to buy time, and not in September as you keep repeating.

No, they won't give her 6 months when filing; they may give her 3 months until it's all said and done. For that reason she needs to file as late as possible, as September + 3 months is December 2010 whereas December + 3 months is March 2011.

Buying time happens by filing shortly before the GC expires. If you file for divorce Monday morning, and she submits her I-751 a few days before her GC expires, you at least have a chance to beat the clock.

But even if you are not divorced by the deadline given by USCIS, not all is lost. She then will get an appointment in front of an immigration judge, which will buy her time again. And then her attorney will ask the judge to put the case on hold until the divorce is final.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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