filing for divorce while filing to remove conditions on green card

[eniola123 0]

Hello, I got married in Dec 2009 and have since then filed for my permanent residency in May 2010, so, because I was not married for 2 years, i got a temporary permanent resident card and was told that i will have to file to remove the condition when the marriage has been 2 years. I filed to remove my conditions 2 weeks ago and I have received I-797, Notice of Action stating that my conditional resident status has been extended for a period of one year and in order to further process my petition, I shall be receiving an Application Support Center (ASC) appointment notice with a specific time, date, and location to capture my fingerprints, photo , and signature. (biometrics). Now the problem is that myself and my spouse want a divorce immediately due to irreconcilable differences and I would like to know if me filing for a divorce will affect my chances for getting my permanent residency. I would also like to know what should be my next line of action. If I start the divorce proceedings before receiving my green card will I be affected even though i have not told immigration about it right now? Thank you.

[Gummibear 5]

You have to have a finalised divorce decree to file I-751 waiver. It is the same form with I-751, but instead of checking the box to file I-751 jointly, you will check the box says you entered into the marriage with good faith but it didn't work out and you two divorce. If you have many proofs for a bona fide marriage like joint tax returns, insurance, lease, bank account, pics...you should be fine. Your marriage would last almost 3 years so it doesn't look too bad for your immigration case. So just include all proofs like when you file I-751 jointly, together with your finalised divorce decree.

I think you have to tell USCIS if you're divorced by the time they approve your case because you won't be married to that USC anymore. Where did you send your package? CSC or VSC? VSC takes 8-12 months, CSC about 5-8 months.

Good luck !

[anjinsan 4]

You have to have a finalised divorce decree to file I-751 waiver. It is the same form with I-751, but instead of checking the box to file I-751 jointly, you will check the box says you entered into the marriage with good faith but it didn't work out and you two divorce. If you have many proofs for a bona fide marriage like joint tax returns, insurance, lease, bank account, pics...you should be fine. Your marriage would last almost 3 years so it doesn't look too bad for your immigration case. So just include all proofs like when you file I-751 jointly, together with your finalised divorce decree.

I think you have to tell USCIS if you're divorced by the time they approve your case because you won't be married to that USC anymore. Where did you send your package? CSC or VSC? VSC takes 8-12 months, CSC about 5-8 months.

Good luck !

If you filed jointly for I-751 and you do not have a finalized divorce (no divorce decree) by the time you are approved for 10-year GC, are you not required to tell USCIS anything?

[Gummibear 5]

If you filed jointly for I-751 and you do not have a finalized divorce (no divorce decree) by the time you are approved for 10-year GC, are you not required to tell USCIS anything?

The thing is that a divorce doesn't mean your I-751 will be denied. The decision will based on your proofs about the marriage, you have to prove that will all the co-mingling documents, pics, affidavits, your marriage was real. No one knows the future so USCIS understands marriages somehow just don't work out. I would ask a lawyer about this, many offer 1st consultation free of charge.

[anjinsan 4]

The thing is that a divorce doesn't mean your I-751 will be denied. The decision will based on your proofs about the marriage, you have to prove that will all the co-mingling documents, pics, affidavits, your marriage was real. No one knows the future so USCIS understands marriages somehow just don't work out. I would ask a lawyer about this, many offer 1st consultation free of charge.

I know that a divorce does not mean your I-751 will be denied. My question was about something entirely different. Thanks for the input.

[georgeramsaran 4]

Hello every one, my name is George and I recently got my conditional green card last year July 3, 2012.. And now 6 months later my wife wants a divorce because her feelings is somewhere else, when I first met her she had just gotten out of a relationship with her X-boyfriend which is father of her child.... Now after being married and living together since last year February to this year February would be 1 years we are married but in December of 2012 last year she told me her heart is not with me 100% and that she still has unselltled feelings for her child's father and she wants a divorce because she rush into getting married to me while her feelings for her X was unsettled... So my question is what should I do about my situation we just filed for divorce today... And she made a sworn affidavit and notarized it and handed it to me saying i hope this can help you with immigration ... the affidavit stated the reason why she wanted a divorce and was because her heart is not 100% with me that she still loves her X and that she started talking back to him and she ask me to file for divorce.. That she also think it would be best if she get back with him which their planning and it would also be best for their child growing up with her biological father... She also stated she was sorry for the pain she brought up on me ,