Seperation before removal of conditions

[Meg and Grae 1]

Hi all,

It is with sad news that my wife and I are separating. I have a two year green card and will be submitting my I-751 very soon.

My question is, is it ok if I am out of the country while my application is being processed even though we may not be legally divorced but separated? I will be going back to New Zealand for a few months.

Do we need to be legally divorced before I file the I-751 paperwork?

thanks

Grae,

Edited November 2, 2010 by Meg and Grae

[VanessaTony 3,567]

Hi all,

It is with sad news that my wife and I are separating. I have a two year green card and will be submitting my I-751 very soon.

My question is, is it ok if I am out of the country while my application is being processed even though we may not be legally divorced but separated? I will be going back to New Zealand for a few months.

Do we need to be legally divorced before I file the I-751 paperwork?

You will need to be divorced yes.. to be approved at least. You can file while separated but you should start the divorce process asap... esp if your 90 days is coming up.

If your 90 days is coming up you will file as though you are divorced (i.e. separately) and you will get an RFE for the divorce decree. If you don't get it by the deadline (87 days or something) then you will get denied, then go before an immigration judge who will extend your ROC waiting time till you can get the decree.

[Meg and Grae 1]

Ok, thanks. Do I need to be in the US before my 2 year green card expires to get the 10yr and removal of conditions?

[Meg and Grae 1]

Ok, thanks Do I need to be in the US before my 2yr GC expires to get my 10yr and removal of conditions of can I come back for proceedings ( interview, biometrics etcc) on a visa waiver?

[VanessaTony 3,567]

Ok, thanks Do I need to be in the US before my 2yr GC expires to get my 10yr and removal of conditions of can I come back for proceedings ( interview, biometrics etcc) on a visa waiver?

I'm sorry I don't entirely understand.

First you need to maintain a certain amount of residency in the US to keep your greencard anyway, so how long have you been out?

Secondly you don't need the VWP to re-enter the US when you have a greencard. You can file for ROC from overseas but please bear in mind that you will still need to prove a bonafide relationship and maintain a type of residency to be eligible. You can of course "pop into" the US to do the interview and biometrics but I would say your chances of success would be diminished seeing it could appear you don't currently live in the US.

[Meg and Grae 1]

Sorry I wasnt clear. I am currently living with my wife in the US, we have been living together in Washington DC for 2 years. We haven't filed for divorce yet but will be very soon. She wants me to leave a couple of months, so that is why I am going back to NZ for a while

Edited November 3, 2010 by Meg and Grae