Changes. PLease Help

[cca 13]

Hey everyone,

So long story short, im getting a divorce (i dont really want to go into it if ok) the marriage was enetered in good faith. We've been together for about 5 yrs, including dating and I have a mass of evidence to proove that the marriage was real eg joint account statements, joint taxing, house rentals, phones, utilties bills, car etc etc. I love my home country so it wouldnt be the worst thing to have to go back but what are the chances of having to leave? Does it just depend on the IO that opens up the package for removal of conditions and what his mood is that day?

It just wouldnt be financially smart to up and leave since i have a job here and ive also built a life here, so i want to prepare myself for the possibility that i may have to go back. My removal of conditions are in about a yr.

Also, this isnt on the cards but just want to know all advice on different aspects of this area, what happens if you got remarried before you removed your conditions?would this annoy the IO because that wasnt the terms of your residency? would anything like this be better to wait antill (or if) you recieved your 10 yr green card?Or does it not matter either way?

One more thing. I changed my last name when i got married. SHould I keep this after I get divorced because my green card is in that name or does it not matter?

Thanks for all help in advance

[Zen Den 18]

Hey everyone,

So long story short, im getting a divorce (i dont really want to go into it if ok) the marriage was enetered in good faith. We've been together for about 5 yrs, including dating and I have a mass of evidence to proove that the marriage was real eg joint account statements, joint taxing, house rentals, phones, utilties bills, car etc etc. I love my home country so it wouldnt be the worst thing to have to go back but what are the chances of having to leave? Does it just depend on the IO that opens up the package for removal of conditions and what his mood is that day?

It just wouldnt be financially smart to up and leave since i have a job here and ive also built a life here, so i want to prepare myself for the possibility that i may have to go back. My removal of conditions are in about a yr.

Also, this isnt on the cards but just want to know all advice on different aspects of this area, what happens if you got remarried before you removed your conditions?would this annoy the IO because that wasnt the terms of your residency? would anything like this be better to wait antill (or if) you recieved your 10 yr green card?Or does it not matter either way?

One more thing. I changed my last name when i got married. SHould I keep this after I get divorced because my green card is in that name or does it not matter?

Thanks for all help in advance

don't worry. if you read on Part D on the "effects of changes..." the first topic on this forum, in effect it says that you don't have to leave. when you apply for ROC, you just have to submit a waiver for joint filing and submit evidence that your marriage was entered into in good faith. but if you're friends w/your then ex-husband by that time, he can still help in the process.

read more here: http://www.visajourney.com/content/family-status-immigration-d

if remarried before the ROC, you can imagine that it would complicate things a bit in that you have to prove that the divorce wasn't mainly your fault but then you have a husband soon after your first marriage failed. i'm just saying better to wait after you get your 10yr gc

as for your name, you can change it back to your maiden name legally, but it would be better to wait til after the divorce and ROC just to avoid possible confusion on your records , once you change one govt ID, you have do the same w/the rest that you have.

good luck and god bless!

[JimVaPhuong 4,863]

The mood of the IO? Yeah, I suppose that's going to have some effect, but it's not going to be the deciding factor in whether or not you're approved. IO's do have a lot of discretion, but their decisions aren't completely arbitrary. They need a reason to deny a petition, and unless they enjoy getting chewed out by their supervisors then they'll want to have a reason that would be upheld by an executive appeals board, an immigration judge, and the Board of Immigration Appeals. There is plenty of guidance in the Adjudicators Field Manual for them to follow, and lots of precedent cases that they refer to in making their decisions.

Getting an IO who is having a bad day would not help you, but if you've met the burden of proof then it shouldn't cause you to be denied.

A 5 year relationship is good.

Getting divorced within a year of getting a conditional green card - meh. Life happens. Sometimes relationships don't work out. It's not a big deal.

Getting remarried before removing conditions. Red lights are starting to flash. If nothing else, they'll probably look into the possibility that you married husband "A" just so you could come to the US and get a green card and be with husband "B". If you knew husband "B" before you immigrated then the red lights are getting brighter. If husband "B" could not have petitioned for you or sponsored you then the red lights will be joined by a wailing siren.

Again, life happens. People do meet other people on the rebound after a collapsed relationship and fall in love. However, it would be best to avoid the extra scrutiny this might bring from USCIS.

You can usually change your name after you divorce. Whether you do is up to you. You'd have to change the name on your green card and any other identification, as well.

[cca 13]

Thanks so so much everyone!! I really apreciate it

[cca 13]

sorry, one more question... what do u mean by filing a joint waiver? dont i just have to fill out the form for lifting conditions myself? thanks!

[JimVaPhuong 4,863]

sorry, one more question... what do u mean by filing a joint waiver? dont i just have to fill out the form for lifting conditions myself? thanks!

Not quite. Your current green card is conditional. The condition is that you remain married to the US citizen who petitioned and sponsored you. When you file a petition to have the conditions removed you are supposed to file it jointly with your husband. If you can't do that then you need to request a waiver of the joint filing requirement. In your case, you'll be asking for a waiver based on the termination of your marriage. You don't need a special form to request the waiver - you just check box "d" in part 2 of the I-751. You need to provide a copy of your divorce decree, and proof you entered the marriage in good faith.

From the evidence you mentioned in your first post, I thought you already understood this.