Divorce within a year of marriage

[pushok 231]

Hello everyone, I am here because most members here have been through same experience or know a similar situation.

I received my GC through marriage. After a year, now we are getting a divorce, and I am the temp GC holder is filling for divorce. It has been crazy for the past few months. I have read many threads here but it seems to me that i am not getting answers to my questions. I would like to stay legally in states. I want to know what is gonna happen once i file the divorce documents, in our state it takes 6 month to finalize the divorce. I do know that I dont have to leave the country but i would like to visit some family members tho. after filling for divorce can i travel and return to states?

What do i must file to change my temp GC to perm GC?

How soon do I file for change of status? (after filling for divorce or wait till 90 days before temp GC expires?)

Do i have to let Immigration know about my divorce?

After my divorced finalized can i still travel with temp GC?

Much Appreciation everyone.

[C-ma'am 684]

**Moved from K1 to Effects of Major Family Changes on Immigration Benefits. Post is better suited for this forum.

Please don't start multiple threads in different forums. Each forum has a purpose. Be patient and you will receive the answers you are seeking.

I have deleted the other posts you started.

Edited December 8, 2012 by Celeste & C

[pushok 231]

**Moved from K1 to Effects of Major Family Changes on Immigration Benefits. Post is better suited for this forum.

Please don't start multiple threads in different forums. Each forum has a purpose. Be patient and you will receive the answers you are seeking.

I have deleted the other posts you started.

I was not sure to which thread my topic belongs.

Sorry for inconvenience

[Villanelle 4,122]

You are using a lot of incorrect terminology.

You are not a temporary GC holder. You are a legitimate GC holder. The only thing is your GC has 'conditions' on it that you must apply to have to removed 2 years after the date it was issued. You can file to have the conditions lifted 90 days prior to the date of expiration and no sooner.

to answer your specific questions:

after filling for divorce can i travel and return to states?

As a GC holder you are free to travel as you wish, however when one is involved in divorce proceedings (or any other court matter) leaving the country, even for a short period of time is not recommended as something may arise pertaint to the case that you may need to attend to, and you wont be there to handle it.

What do i must file to change my temp GC to perm GC?

The I-751 is used for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

How soon do I file for change of status? (after filling for divorce or wait till 90 days before temp GC expires?)

You follow the instructions on the 751- file 90 days prior to expiration.

Do i have to let Immigration know about my divorce?

Yes, you would be removing the conditions on your own, following the instructions on the form. You will need to show evidence that you entered the marriage in good faith and then subsequently divorced.

After my divorced finalized can i still travel with temp GC?

Yes, the divorce is not going to impact your GC. The only thing that will impact it is if you fail to remove the conditions, or the divorce is granted on the grounds that the marriage was based on fraud.

[Darnell 8,479]

one small bit -

if it's under 2 years o time from the first green card date,

file the I-751 the day after you receive the divorce decree.

Yer allowed, there's a tickbox for that on the form.

Good Luck !

[pushok 231]

thank you everyone for explanation...

At this point we are filling for divorce and i will be leaving the country to visit some friends outside of states as long as it does not effect my status i am okay. I am okay even to give up my GC as long as i am in a good standing. I do not want to be illegal or have any issues with homeland security.

Would need an attorney to process this situation????

thanks

[shin shin 3]

thank you everyone for explanation...

At this point we are filling for divorce and i will be leaving the country to visit some friends outside of states as long as it does not effect my status i am okay. I am okay even to give up my GC as long as i am in a good standing. I do not want to be illegal or have any issues with homeland security.

Would need an attorney to process this situation????

thanks

In my opinion its a good idea to consult a lawyer so he can give me what stuff you have to prepare and step by step process..

I'm in the same situation...Goodluck dear