RoC and grounds for divorce

[proceedwith 0]

Hi VisaJourney,

I'm in the US as a permanent resident based on marriage to my wife, who is a US citizen. My deadline to file for removal of conditions is coming up in a few months. However, we've been separated for a while, and we intend to get a divorce. My wife's lawyer has suggested that she could file on grounds of mental cruelty.

My question is: if my wife filed for a divorce based on mental cruelty on my part, and I did not contest it, would the fact that the divorce was on these grounds hurt my chances for the removal of conditions to be approved?

The only information I've been able to find on the web is a claim here that "Grounds for divorce play little or no part in the immigration decision, unless the grounds indicated fraud on the part of the alien." My thanks in advance to anyone who can give me more information on this.

[juliava 80]

My question is: if my wife filed for a divorce based on mental cruelty on my part, and I did not contest it, would the fact that the divorce was on these grounds hurt my chances for the removal of conditions to be approved?

No, but for ROC you will need to prove that you entered the marriage in good faith.

[proceedwith 0]

Thanks for your reply. I've now heard contradictory things about this from lawyers. In particular, someone claimed that if I'm at fault in the divorce, I might be seen as failing the requirement that "the alien ... was not at fault in failing to meet the filing requirement", here.

[juliava 80]

Thanks for your reply. I've now heard contradictory things about this from lawyers. In particular, someone claimed that if I'm at fault in the divorce, I might be seen as failing the requirement that "the alien ... was not at fault in failing to meet the filing requirement", here.

As long as this doesn;t result into your arrest, I wouldn't think that much about it.