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Silverback217

Divorce while waiting for 10 year green card

By Silverback217 in Removing Conditions on Residency General Discussion

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Silverback217 Newbie

Silverback217   0

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Filed: Timeline
Posted

Hello everyone,

My wife and I have been married for more than 2 years. I recently had the biometric appointment (I filed the I-751 3 months late and still received an appt notice 1 week later) and am now waiting for the next step.

The problem is my marriage is and has been hurting very badly for a while now and both my wife and I have mentioned divorce a few times.

I'm extremely worried because I have a life here and I want to stay here but I don't want whatever judge to believe I got married just to get the green card. Our marriage is completely legit.

Can someone help with this? If we were to get a divorce right now, would that compromise me getting my 10 year green card? I don't know what to do...

Thanks in advance!

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No-Where-Man Proficient

No-Where-Man   147

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Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted (edited)

Hello,

Sorry to hear you have issues, hopefully you work it out somehow.

As far as your GC. you stated you filed 3 month late, do not be surprised if you got a letter to appear for an interview (may be with you wife), unless you have a prove of hardship or a very strong excuse as to why you filed late, most likely your petition will get denied and deporting procedure will be issued against you.

Also, if you divorced your wife, you are no more eligible to file petition based on marriage, you will need to file it waiving her signature and giving the divorce decree (and you will need to prove that marriage was entered in good faith in order to get your application approved)

So in short, you sent the application already, if approved before divorce, you are good, if not and you divorced your wife, USCIS need to be notified and a new application need to be sent with the waiver of her signature.

I would wait and see what USCIS will do for the fact you filed late, by then, this will tell you alot what is your next step.

Hope this is not confusing.

Hello everyone,

My wife and I have been married for more than 2 years. I recently had the biometric appointment (I filed the I-751 3 months late and still received an appt notice 1 week later) and am now waiting for the next step.

The problem is my marriage is and has been hurting very badly for a while now and both my wife and I have mentioned divorce a few times.

I'm extremely worried because I have a life here and I want to stay here but I don't want whatever judge to believe I got married just to get the green card. Our marriage is completely legit.

Can someone help with this? If we were to get a divorce right now, would that compromise me getting my 10 year green card? I don't know what to do...

Thanks in advance!

Edited by no_where_man

YA ALAH Bless Our Joureny To The End , Ameen

Je T'aime Till My Dying Day

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Silverback217 Newbie

Silverback217   0

Posted
Filed: Timeline
  • Author
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Hello,

Sorry to hear you have issues, hopefully you work it out somehow.

As far as your GC. you stated you filed 3 month late, do not be surprised if you got a letter to appear for an interview (may be with you wife), unless you have a prove of hardship or a very strong excuse as to why you filed late, most likely your petition will get denied and deporting procedure will be issued against you.

Also, if you divorced your wife, you are no more eligible to file petition based on marriage, you will need to file it waiving her signature and giving the divorce decree (and you will need to prove that marriage was entered in good faith in order to get your application approved)

So in short, you sent the application already, if approved before divorce, you are good, if not and you divorced your wife, USCIS need to be notified and a new application need to be sent with the waiver of her signature.

I would wait and see what USCIS will do for the fact you filed late, by then, this will tell you alot what is your next step.

Hope this is not confusing.

Hi. Thank you for such a quick answer. The reason I submitted when filing the I-751 was work (it's been crazy for the 6+ months - I work in the software business and have been working days, nights and week-ends). I understand that since they scheduled a biometrics appointment it means that they consider my proof as valid, am I wrong?

I looked up my case online and it said 6 months. that's very long but I heard here and there that it can take only 1 month?

Thanks!

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AngelinaBlack Apprentice

AngelinaBlack   0

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Filed: Lift. Cond. (apr) Country: Lithuania
 Timeline
Posted

I should also mention that along with my appointment notice I receive an extension of my status for 1 year.

Hopefully you can keep your relationships in good terms till you get the conditions removed, but it may be 6+ months. And if you do not get along with your spouse, those months will seem like they last forever.... Have you thought about consulting an immigration lawyer? Depending on your state, you may be able to finalize divorce pretty fast and file as divorced person?

2003 - J1

2004 - F1

2006 - OPT

2007 - B1

2009 - conditional GC

2012 - permanent resident

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anjinsan Contributor

anjinsan   4

Posted
Filed: Lift. Cond. (apr) Timeline
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I have not consulted with a lawyer but I know that my company has/deals with one. I think I'm going to try and talk to him asap.

I'm in California, and I have no knowledge about divorce process.

In California, there is a minimum waiting period of 6 months after the divorce has been filed. You cannot get a final divorce (i.e. divorce decree) until at least 6 months have passed from the date when the divorce was filed. The tricky part is whether or not you need to notify USCIS that a divorce has been filed while you are waiting for your 10-year card. I, personally, don't know the answer to that question.

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charlo13 Rookie

charlo13   1

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Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

In California, there is a minimum waiting period of 6 months after the divorce has been filed. You cannot get a final divorce (i.e. divorce decree) until at least 6 months have passed from the date when the divorce was filed. The tricky part is whether or not you need to notify USCIS that a divorce has been filed while you are waiting for your 10-year card. I, personally, don't know the answer to that question.

It would be nice to know the answer to that question. What if the beneficiary is in a state like Maryland where you have to be separated for a year before filing for divorce? It may be another two months or so before IO gets to your file. Tricky and mean indeed…

Patience is virtue needed by all, so folks always pray and be patient! Goodluck all!

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anjinsan Contributor

anjinsan   4

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

It would be nice to know the answer to that question. What if the beneficiary is in a state like Maryland where you have to be separated for a year before filing for divorce? It may be another two months or so before IO gets to your file. Tricky and mean indeed…

Agreed. Does ANYBODY know the answer to our question??? Is this the current answer?

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

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  • 6 years later...
defeedme Explorer

defeedme   4

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
On 8/3/2012 at 5:10 PM, anjinsan said:

Agreed. Does ANYBODY know the answer to our question??? Is this the current answer?

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

thanks for the link.. it appears to be the answer ?? 

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  • 2 weeks later...
TBoneTX Grand Master

TBoneTX   45,328

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Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2012 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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