Questions pertaining to Divorce

[saerrian 0]

My wife and I have been married for three years. Of this time, I have been a conditional permanent resident via adjustment of status due to marriage, which expired on August 2011. We have already filed for the condition to be removed.

However, now we have begun to discuss proceeeds for divorce.

I do not know what I am to do in regards to imiigration.

For one, do I need to refile with a waiver of termination and repay the fee etc?

Do I have to do something I have not thought of?

Do I have to leave without anything?

My work is willing to put me via a work visa, but I dont know what my options actually are.

[aleful 1,905]

My wife and I have been married for three years. Of this time, I have been a conditional permanent resident via adjustment of status due to marriage, which expired on August 2011. We have already filed for the condition to be removed.

However, now we have begun to discuss proceeeds for divorce.

I do not know what I am to do in regards to imiigration.

For one, do I need to refile with a waiver of termination and repay the fee etc?

Do I have to do something I have not thought of?

Do I have to leave without anything?

My work is willing to put me via a work visa, but I dont know what my options actually are.

if you get your 10 GC, you don't have to do anything. when did you file the i751?

[saerrian 0]

Filed the i751 to remove conditions... Just before it expired, I believe. I have just done my biometrics. But she said she would not go to the second interview with me.

What is a 10GC?

[Inky 1,111]

Moved from Adjustment of Status to Removal of Conditions as the poster filed for removal of conditions not adjustment of status.

[saerrian 0]

Thank you INky.

[scotinmass 588]

Filed the i751 to remove conditions... Just before it expired, I believe. I have just done my biometrics. But she said she would not go to the second interview with me.

What is a 10GC?

10 year green card

[saerrian 0]

Okay, I dont have a 10GC.

I have a conditional GC based on Marriage and it was recieved in... 09?

[GreenOne 0]

Okay, I dont have a 10GC.

I have a conditional GC based on Marriage and it was recieved in... 09?

That also depends on the immigration officer, if they see that you've filed for a divorce so soon (if/when) after you get the conditions removed you can be deported for 4 years or so. It might be best to leave the country after a divorce and refile with your work and have them petition for a working visa. Look at all your angles.

[saerrian 0]

Is it viable to refile under a work visa whils tin the country?

[GreenOne 0]

Is it viable to refile under a work visa whils tin the country?

From my understanding no, with being married and being in the country for the soul purpose of marriage while your 10 yr is pending (even though you're able to work) however I am not 100% sure about that.

I do know there are some Visa's you can't remove to place another, I do know if you had a working Visa and got married you could swap.

Edited January 12, 2012 by GreenOne

[VanessaTony 3,567]

That also depends on the immigration officer, if they see that you've filed for a divorce so soon (if/when) after you get the conditions removed you can be deported for 4 years or so. It might be best to leave the country after a divorce and refile with your work and have them petition for a working visa. Look at all your angles.

There is no need to leave.

Is it viable to refile under a work visa whils tin the country?

This is all irrelevant. You will be fine.

[VanessaTony 3,567]

My wife and I have been married for three years. Of this time, I have been a conditional permanent resident via adjustment of status due to marriage, which expired on August 2011. We have already filed for the condition to be removed.

However, now we have begun to discuss proceeeds for divorce.

I do not know what I am to do in regards to imiigration.

For one, do I need to refile with a waiver of termination and repay the fee etc?

Do I have to do something I have not thought of?

Do I have to leave without anything?

My work is willing to put me via a work visa, but I dont know what my options actually are.

When is your interview? Has it been scheduled yet? Not all people who ROC require an interview.

You have 2 options:

1. Wait for the card. If you get the card without interview before the divorce is final then that's fine. Had you filed with a divorce waiver you would have been approved as well. Which leads me to #2

2. If you (or she) file for divorce and they request an interview, you have to change your case to one with a divorce waiver. There is no extra fee you just call and get it done. You're not the first person this has happened to. They will require a copy of your divorce decree.

You don't breach the rules by filing for divorce before you get the GC. The divorce waiver is if you are divorced, have filed for divorce before filing for ROC, or will be divorced at some stage during the process. You filed your papers thinking you'd still be married so you haven't broken the rules.

Whether you tell your wife about this is up to you (to convince her to just let it go through as joint). It doesn't matter whether she attends the interview or not. You could change it to a waiver ROC at the interview as well. She is still on the hook financially. It doesn't change anything for you, just means you need to include the divorce decree.

As long as you have evidence of co-mingling you should be fine either way.

Edited January 12, 2012 by Vanessa&Tony

[saerrian 0]

Thank you, Vanessa and Tony

[bigdog 376]

You will be fine, they have seen divorce before. If it gets ugly see an attorney.