HELP! How to withdraw from process due to civorce

[law5039 0]

My husband and I got engaged in China and I petitioned him to come to the US back in 2010 based on K1. He was approved and we got married in the US back in September 2011.

But we've came to realize that it was not going to work out between us. We decided to end the relationship and divorce on a good term. The only reason he decided to come to the US is because I was here, but since it's not going to workout between us, he is going to leave the country and back to China.

Currently he has the conditional green card approved but he does not want to stay in the US and is ready to move back to China.

So I was wondering if there is anything I need to do to notify USCIS of our divorce and that we are not going to continue with the process and will not file removal of condition for the GC because he will no longer be in the US?

I am not sure how to continue to withdraw from the process so the USCIS is not excepting us to file removal of condition for the GC.

Thanks guys!!

[Laure&Colin 558]

There's a form I-407 Abandonment of Lawful Permanent Resident Status.

I don't know when he should file it thoug, you should probably ask the USCIS.

[law5039 0]

There's a form I-407 Abandonment of Lawful Permanent Resident Status.

I don't know when he should file it thoug, you should probably ask the USCIS.

does that apply for the 2 year conditional GC though? What if he just lets it expire in 2 years?

[sasaqlain 24]

Why Bother. File for divorce and if he intends to go back, he can simply leave. His Conditional Card will expire and his status abandoned. Both of you would only worry, if he intends to stay back.

[aaron2020 11,651]

Your husband can simply turn his green card into the US Embassy in China to terminate his legal permanent residency. He'll be asked to submit the I-407 as an affirmative action to terminate his conditional LPR status.

Alternatively, he can wait for the conditional period to expire without adjusting his status.

[law5039 0]

Will I need to do anything? Do I need to notify USCIS that we are divorced?

Your husband can simply turn his green card into the US Embassy in China to terminate his legal permanent residency. He'll be asked to submit the I-407 as an affirmative action to terminate his conditional LPR status.

Alternatively, he can wait for the conditional period to expire without adjusting his status.

[sasaqlain 24]

If I was in your position, I would simply go back to my country and move on with my life. If my Conditional Period expires and I donot seek an extention(ROC), USCIS would automatically terminate the status and that would be the end of it. Apart from that is only the legal matter and that is between the husband and the wife. If you are parting ways on good terms, I would suggest, donot complicate things and involve USCIS.

[law5039 0]

Thanks for your help. I think I will just leave it as is.

If I was in your position, I would simply go back to my country and move on with my life. If my Conditional Period expires and I donot seek an extention(ROC), USCIS would automatically terminate the status and that would be the end of it. Apart from that is only the legal matter and that is between the husband and the wife. If you are parting ways on good terms, I would suggest, donot complicate things and involve USCIS.