Divorce during conditional green card

[Herp Derp 3]

Hello everyone,

I am using another username than what i used for aos so my bat #### crazy wife cannot recognize me by any chance. But i have a few questions, does it matter who files for divorce during conditional green card. I am the gc holder and i filed for divorce. Also, would it matter if we just agree on incompatibility since its faster and cheaper or should I go and take the divorce case to trial? What I mean to ask is does a divorce decree have to say that a USC was at fault or is a simple reason as incompatibility enough? Thanks in advance for your replies.

[Married2009 32]

Divorce does not affect the conditional green card except for the fact that she will have to file immediately to remove conditions. She will need to have the evidence to show she entered the marriage in good faith. As far as I know, the decree can say incompatibility or irreconcilable differences, won't matter. And no need to take it to trial, if your state has a 'do it yourself' divorce.

[Herp Derp 3]

Thanks married2009. Actually it's me who will file for the roc after the divorce is final. I'm surprised that she is not asking for anything considering how vindictive she is. even my friends are amazed.

I have another question if anyone would be kind to answer. Is I-751 the only form I'll have to send with the good faith proof or any other forms too?

Thanks.

[VanessaTony 3,567]

Thanks married2009. Actually it's me who will file for the roc after the divorce is final. I'm surprised that she is not asking for anything considering how vindictive she is. even my friends are amazed.

I have another question if anyone would be kind to answer. Is I-751 the only form I'll have to send with the good faith proof or any other forms too?

Thanks.

I-751 is the only FORM but there's a lot of proof of relationship that you'll need to send. I suggest you get on that before the divorce is final.

[VeryConfuse 0]

hello, i am on the same page. need some updates if available.

thanx

[shin shin 3]

Me too..today went to Profedural Assistance Conference..after the divorce will finalized i have to file waiver right away?

[Villanelle 4,122]

When you get the final divorce decree you send in the 751. Its the only USCIS form you need. (the only time you would send in the 751 with out the divorce decree in a divorce waiver case would be if your 90 day window is open and you dont have the decree yet)

So when the window opens and theres no decree yet- send it with out it- the windows open and you must file.

You get the divorce decree and the windows shut- the divorce decree gives you the power to open it up even though its not time yet and send it in. So open it up and send it in.

You submit the official 751 form. You must submit your divorce decree in its entirety. It doesnt matter who filed for divorce. The only thing you dont want is allegations of fraud in the divorce against you the immigrant.

You will also want to include other things in your packet- just like any other ROC filer- affs from people that knew you as a couple, photos, tax returns, etc. The more proof you submit the less likely it is you be called in for an interview and youll get approved through the mail and wont get RFEs.

[VeryConfuse 0]

thank you for the information ,

but i am still confuse about the window thing.

how exactly that works. would you mind explaining it little simpler.

and what documents are very important to submit along with the application?

please little more info.

thank you

[newacct 688]

thank you for the information ,

but i am still confuse about the window thing.

how exactly that works. would you mind explaining it little simpler.

and what documents are very important to submit along with the application?

please little more info.

thank you

Basically, you could file I-751 once you are divorced, without waiting until 2 years minus 90 days.

However, what if you are in the middle of the divorce while 2 years minus 90 days comes up? You don't want to wait and do nothing because once you pass 2 years, your GC is gone and you are screwed. So you file anyway, even though the divorce is not final. They will give you some more time to finish the divorce.

[Villanelle 4,122]

Ok.

Well your conditional GC has an expiration date. Lets say its November 1 2013. Thats the day your card expires. You dont have to wait until Nov 1 to file your joint ROC paperwork. USCIS will allow you to file it up to 90 days early. Thats what they call your 'window'. They have an online tool to help you calculate when is the earliest date you can mail in your application.

Start with this link- http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e6051c613880f210VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD At the end of the paragraph it says - click here to access the tool. When I click it a new window opens- not sure how your browser is configured though, in whatever opens though you will enter- the date your card expire.

For this example we enter 11/01/2013. It tells us our window opens 08/03/2013. That means the earliest USCIS will accept my joint ROC petition would be Aug 3. I can send in my joint ROC any time between Aug 3 and Nov 1 and they will accept it. Any time after Nov 1 and Im late.

Now if I get a final divorce decree BEFORE Aug 3- I can "open the window" and submit my ROC petition with a waiver and USCIS will accept it. (If I try to submit a joint petition before Aug 3 it will be rejected as the window is not open) But divorce waiver petitions have the power to "open the window" at the time they are granted.

So basically "open window" just means eligible to be adjudicated.

Again, youre going to submit your ROC either when you get your final divorce decree or when your window opens- which ever comes first.

----

In a divorce waiver ROC you must include the 751 and the divorce decree. (there are a lot of threads in the ROC forums about ROC with divorce waivers that were approved and what they included you can read them for ideas of what they submitted) You can also include affs from people that knew you as a couple. Photos. Holiday cards. Proof of health ins cards or membership cards (even if they are void now) Basically anything that showed you had a legitimate relationship and lived as a married couple and did joint activities when you were together. And they always want tax returns.

(Is there something odd about your situation? Did you have a short marriage? Do you not have traditional evidence found on the ROC list for some reason?)

[VeryConfuse 0]

Thank you again!

My story is :

my GC Expired on july 2012

i applied for 10 years GC on may 11th, had biometrics after a month.

Since then i never heard anything from USCIS.

I called them few days ago and asked for service request. There was a notice on the mail that says, i asked for the service request but they can not tell how long will it take to final the process.

Now problem is , i am about to be Divorced in few weeks.

What is my Next step?

What document Do i need to Send and File?

I am in very Confuse and lost Situation.

Some help would be great, so i can Follow the Process.

thank you all again for information.

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[Penguin_ie 5,993]

**** personal attacks and those quoting same removed. Post constriuctive advice or do not post ****