I'm in BIG trouble !!!!!!!!!!!! :S

[Hopeworld 1]

Hi everyone!

I'm married to a us citizen, my temporary GC expires 5 march 2012 (in 3 months)

The problem is, I'm visiting my family in europe and I will return 25th January,

AND my wife is going to file for a divorce. Its been pretty rough but I guess we

decided now it's not going to work.

I have a bunch of documents & images, we got married AFTER I got my 2 year GC, and I Have a loooooooooot of proof with images that

we been together until december this year and lot of events together joint car insurance.

but, WHAT is going to happen now? I mean if she files for a divorce, will I be able to enter us first of all ?????????????

PLEASE HELP

[Brit Abroad 166]

Provided your green card hasn't expired and you are not actually divorced there shouldn't be any problems getting back into the US.

Divorce happens. So do reconciliations. This is why USCIS allows you to file to remove conditions on the green card with sufficient evidence that it was a good faith marriage. If you have evidence, apply on your own with a letter informing them that a divorce is pending. They normally extend the validity period by NOA letter and once they have paper confirmation of the divorce decree they will issue an unconditional resident card.

USCIS are realistic, and I doubt there's any possible scenario that they haven't already seen. Make copies of all your evidence now and start building the RoC packet ready to file.

Sorry to hear your marriage didn't work out, but try and make the divorce on amicable terms as it will make the paperwork so much easier to compile.

Best of luck to you.

[Hopeworld 1]

Ah this is great news..thank you I been soo crushed and now have to worry about this.

The thing is I heard somewhere the temporary GC is based on marriage. And she WIll file for a divorce within the next couple of days

and I wont be back in us for 3 additional weeks. That's plenty of time for TSA guys to know that it...that's why im worried!!!! :/

[Drogs 24]

Your Green card is valid for 2 years, the divorce will not be done in three weeks, once you apply for ROC based on waiver you will be given the one year extension.

As Brit abroad said, get prepared.

[rika60607 215]

Are you sure?

I have a bunch of documents & images, we got married AFTER I got my 2 year GC, and I Have a loooooooooot of proof with images that

[mr and mrs 187]

Are you sure?

i took it to mean he had that evidence dating from the period after AOS until the present. maybe thats the case?

[Moomin 292]

I think it's a case of getting married more than once(renewing vows maybe) to the same person; http://www.visajourney.com/forums/topic/265615-divorce/page__view__findpost__p__4073374

Originally married September 2009.

[Hopeworld 1]

Im sorry I meant we did get marry before but we had the whole wedding with friends etc AFTER I got the temporary GC.

[mr and mrs 187]

aha!

[VanessaTony 3,567]

Even if she were to FILE for divorce in the next couple of days, it's unlikely to be granted while you're away so you're not breaching any conditions.

Prepare your evidence though. Remember that you need to file in the 90 days. If your divorce isn't yet final before your GC expires you need to file before it expires without the divorce decree. You will get an RFE for it and given around 86 days to submit it. If you don't submit it in time you will go before an immigration judge who will make them wait until it's done.

[Wyatt's Torch 45]

Alternatively, if you're at least on civil terms with your soon-to-be ex-wife, it can't hurt for you to file for the I-751 jointly. Obviously I don't know whether or not this divorce is acrimonious, but if she still likes and respects you to some degree, you could / should still file jointly so that the pending divorce isn't even a part of the USCIS discussion at this stage.

Or, even though this might be a little far-fetched, could your wife possibly be persuaded to delay filing for divorce until after your green card processing goes through? Again, I don't know the dynamic there, so that might be a tall order.

Edited January 5, 2012 by Wyatt's Torch

[Robert&Karen 264]

You are overseas now with a GC that expires in 2 months? My mother went home to Canada with 4 months left on her GC and when she came back they gave her a hassle because the card had less than 6 months remaining on it. Same with passports, they want it to have 6 months left for some reason. Just a heads up that that may be a question upon reentry.

[alexzy75 1]

I went through divorce, and i can tell it can goes quick, i mean you could receive a convocation or something, if I were you, if i could i would postpone this long trip for anyhting can happen, you should be around to make sure nothing is going to happen or decision to be taken without your consent or soemthing because you failed to appear...

I am just saying, my divorce has been entered wihtout me, failure to appear( ididnt have any lawyer, it was supposed to be amicable..)when I was in france during the summer, eventhough I tried to have it postponed, with a request, showing my flight and everything for the trip was set up a long time before this divorce thing..they never did anything, everything was settle and it was really defavorable like I was owing money to my ex. and had 6 months to pay..just $45K!!!! it was like he asked me to give back the money of everything, flight, food, immigration,..just incoherent....I was back, i had to do the appeal in emergency and everything.

and for the anecdote, my ex retracted his requirements...the divorce decision became fair, no money owed, and he took his car back...but you see, you have to be really careful..if you are not here, she maybe will be tempted to take advantage of the situation, and US court and gov, they are not here to show compassion.

[ceadsearc 516]

How did you get married after you got your green card? Do you mean you had a ceremony after or that you did not obtain your GC through marriage?

[Hopeworld 1]

Guys I really do appreciate your help!

I did hope she would wait, but I guess she wants to get it over with. I was able to convince her to at least wait until I get back but she wants the divorce papers signed when I get back 25th january.

I, however, do have the i751 signed from both of us and ready to be sent..but..yea..that would probably not be good.

ceadsearc: We got married in courthouse, but couldn't afford having a wedding. applied to adjust status..got GC, had our wedding 3 months after that

alexzy75: Oh trust me Im being careful she's not to mess with.thanks for your advice!

Robert&Karen: You are freaking me out!! Heh dude I'm middle eastern for gods sake heh I get ####### at airports for looking the way I do regardless or looking wrong direction now I gotta worry about this

hmm but what if i refuse to sign and sen..hm..ah i dont know...im afraid of sending the i751 by my self and explain..ah i always have bad luck..and then there's the being persian of course its like i'm f--ked either way..the process would most likely take longer...annoying interview...etc.... :/