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StellaB

Divorce and Leaving the Country

By StellaB in Effects of Major Family Changes on Immigration Benefits

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StellaB Apprentice

StellaB   0

Posted
Filed: AOS (apr) Timeline
Posted

My marriage has slowly deteriorated over the past few months and I believe that we are headed for divorce. We got AOS approved at the end of last year and have been married for a total of 2.5 years. I want to file for removal of conditions by myself and will file for divorce next month. It will take 6 months to get the final divorce decree which will still be in time to file ROC before the 2 year mark. My question is, I work in the film industry and have been offered a job for 2 months overseas. If I file for divorce and then leave and come back am I going to have trouble re-entering the country, at least while the divorce is pending?

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Leatherneck Grand Master

Leatherneck   693

Posted
Filed: Country: Philippines
 Timeline
Posted

My marriage has slowly deteriorated over the past few months and I believe that we are headed for divorce. We got AOS approved at the end of last year and have been married for a total of 2.5 years. I want to file for removal of conditions by myself and will file for divorce next month. It will take 6 months to get the final divorce decree which will still be in time to file ROC before the 2 year mark. My question is, I work in the film industry and have been offered a job for 2 months overseas. If I file for divorce and then leave and come back am I going to have trouble re-entering the country, at least while the divorce is pending?

A pending divorce will have no bearing on your ability to leave or re-enter the country.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Agree with the above. The "pending" divorce isn't an issue but try and come back before it's final.

Once your divorce is final you must file ROC, you do not wait for the "window" as being divorced breaches the "conditional" reason for your conditional card.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Pending divorce won't affect you entering or leaving since you said that your green card will still be valid. The only thing you would need to worry about is missing a court date for the divorce or something, but that is a matter regarding the divorce, not your green card.

As Vanessa said, once your divorce is final, you immediately file for ROC - don't wait for the 1 year and 9 month mark.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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