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Posted

Thank you for your reply. He moved in with his girlfriend after I got my approval letter, but before I got my green card (there's a gap of 5 weeks between my approval letter and my card production). Do you think it will be a problem?

No issue.

The ROC is based on entering the marriage in good faith - and if you get divorced prior to that, you would have to file as such.

Since you didn't - you shouldn't worry about it.

But as JustBob stated - you will have to wait 5 years (since you got your first GC) to file for the USC - since you are planning on divorce.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted (edited)

Will Anna have to keep his last name - to match the gc? Or request a new green card? Not sure how that works.

Edited to add: Sorry this happened, but at least you found out before you two had kids together.

Edited by Married2009

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

 
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