ADVICE please

[ale1189 1]

Hi There:

Please I need help with my case.

Married with an USC since April 2010 , my son 16 years old at that time and me got ours Conditional Green Card in February 2011.My husband left me for another woman , so I file for Divorce last week, will be Final in December . I need some advice in what should I do after my divorce is final.

My son and my conditional green card will expire in February 2013 (we just got it ,February 2011).I have evidence such as, bills,lease of the house,joint bank account,pictures,2010 tax,etc.

I don't know what to do? Should I wait until my 90 days for send the application whit the waiver ( it will be in November 2012) or I will send it after I gor my Final Decree . I know I can do it after my Divorce is final , but I will still have more than 1 year left in my conditional Green card and I want to travel to my country next summer , so I'm afraid ,if I send our ROC before ours 90 days ,I will have problems to enter the US next summer.

Please if somebody can help me out.Thank you

[Barca 10]

I believe that if you send it your application before the 90 days period it would be returned to you, you should apply within the 90 day period!

[Chris921 13]

you HAVE to wait for those 90 days before they will t process it at all, travelling to your home country next summer you should be fine as long as your green card is still in date.

[Bobby+Umit 161]

Incorrect - as soon as the divorce is final - and you have the papers in hand,

you CAN file for ROC that day.

No need to wait 90 days before your green card expires.

If You Are No Longer Married To Your Spouse or if You Have Been Battered or Abused by Your Spouse

If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

Source

If you file now (when the divorce is final) - you will get a one year extension for the green card - which should give you plenty of time to visit in the summer. (either you get the new green card - or the the extension is still in effect)

Edited October 19, 2011 by Bobby+Umit

[Barca 10]

Incorrect - as soon as the divorce is final - and you have the papers in hand,

you CAN file for ROC that day.

No need to wait 90 days before your green card expires.

Source

If you file now (when the divorce is final) - you will get a one year extension for the green card - which should give you plenty of time to visit in the summer. (either you get the new green card - or the the extension is still in effect)

Thanks Bobby and Emit, good call!

"If You Are No Longer Married To Your Spouse or if You Have Been Battered or Abused by Your Spouse

If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country"

[ale1189 1]

Thank you so much for your help.