Leaving the Country During Divorce

[StellaB 0]

Hi All,

I currently have a 2 year green card. I was married to my husband for 2.5 years and am supposed to remove conditions starting july. I filed for divorce at the end of January and soon after left the country for work.

My job is over and am planning to return next week to complete the paperwork on the divorce. My question is, since the divorce is not final yet, am I still within the parameters of being in good status with the green card?

They always ask me questions when I enter the country about my husband. If I tell them that I have filed for divorce am I going to get in trouble?

Thanks,

Stella

[No-Where-Man 147]

Hello,

As of your first question, until the divorce is final and you have a divorce decree in your hand, you are good. Once you have your divorce decree you must ROC right away with a waiver (since you will not remove conditions jointly), and you will need to submit documents to prove the marriage was not for the sake of immigration only. once approved you get your 10 years GC.

If you failed or it was determined your marriage for immigration, your status will be cancelled, and removal proceedings will be filed against you. so it is important to ROC right after final divorce and decree in hand.

As of your second question, I hope someone will an experience give more information, BUT if you can avoid travelling untill all is settled, that is the best you can do.

Sorry it did not work out.

Good luck

[aaron2020 11,651]

Hi All,

I currently have a 2 year green card. I was married to my husband for 2.5 years and am supposed to remove conditions starting july. I filed for divorce at the end of January and soon after left the country for work.

My job is over and am planning to return next week to complete the paperwork on the divorce. My question is, since the divorce is not final yet, am I still within the parameters of being in good status with the green card?

They always ask me questions when I enter the country about my husband. If I tell them that I have filed for divorce am I going to get in trouble?

Thanks,

Stella

Your green card is valid until your divorce is final. It's not a good policy to end a spouse's conditional green card when it's possible for the couple to reconcile and withdraw the divorce petition. This is why the US government has said that the conditional green card is good for two years or until a divorce is final. You are still in good status with your conditional green card.

It would be extremely almost completely unlikely that you would be asked about your divorce at the POE. How insulting would it be if a US government agent asked a happily married woman if she or her husband are thinking about are in the middle of a divorce? The question is so insensitive by US standards that the agent could get into trouble. No sane employee would ask if you are getting a divorce.

Also, you are under no obligation to volunteer the fact that you have filed for divorce. Remember, the possibility exists that you could reconcile with your husband (no matter how remote or infinitely unlikely or no way in hell possible, etc).

And finally, the POE cannot take away your green card. Only an immigration judge can take away your green card.

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The short answer: Your green card is still good, no one will ask you about your divorce, and you do not need to disclose that you filed for a divorce. Have a safe trip home.