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Divorce issues

By P&M in Effects of Major Family Changes on Immigration Benefits

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P&M Newbie

P&M   0

Posted
Filed: Country: Iceland
 Timeline
Posted

Hi guys,

My wife and I are having troubles and a divorce is possible in the near future. In the event of that happening, I would like to go back home to my country. How long am I allowed to stay here after the divorce? I am not interested in filing for an extension on the visa. Has anyone here been in a similar situation? Any advice would be very much appreciated. I don't want to burn any bridges since I would like to visit the States in the future.

Thanks.

IT_1 Collaborator

IT_1   0

Posted
Filed: Timeline
Posted

Hi guys,

My wife and I are having troubles and a divorce is possible in the near future. In the event of that happening, I would like to go back home to my country. How long am I allowed to stay here after the divorce? I am not interested in filing for an extension on the visa. Has anyone here been in a similar situation? Any advice would be very much appreciated. I don't want to burn any bridges since I would like to visit the States in the future.

Thanks.

What type of visa you have right now? If you are GC holder then you can stay without any problem.. you need to provide more info then someone will be able to answer your question..

P&M Newbie

P&M   0

Posted
Filed: Country: Iceland
 Timeline
  • Author
Posted

What type of visa you have right now? If you are GC holder then you can stay without any problem.. you need to provide more info then someone will be able to answer your question..

Thanks IT_1, sorry about that. I came here on a K1 visa and now have a conditional residency green card. CR6 I believe.

let-it-be Proficient

let-it-be   36

Posted
Filed: IR-5 Country: Philippines
 Timeline
Posted (edited)

Thanks IT_1, sorry about that. I came here on a K1 visa and now have a conditional residency green card. CR6 I believe.

After the divorce you have to remove conditions on your own.

Refer to the Remove Conditions of Residence Instructions: http://www.uscis.gov/files/form/i-751instr.pdf

Edited by let-it-be
Moomin Proficient

Moomin   292

Posted
Filed: AOS (apr) Country: Denmark
 Timeline
Posted (edited)

Thanks IT_1, sorry about that. I came here on a K1 visa and now have a conditional residency green card. CR6 I believe.

Until you divorce or until your greencard expires, whichever comes first. That is, if you don't plan on removing the conditions on your greencard as divorced and staying in the US. I understand though - home is where the heart is.

:)

Edited by moomin

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

P&M Newbie

P&M   0

Posted
Filed: Country: Iceland
 Timeline
  • Author
Posted

Thanks for the replies guys. So I would be safe to stay until the GC expires after the divorce and I could still come visit the States in the future? I heard somewhere I would have to return the green card to my country's embassy.

Caryh Grand Master

Caryh   5,206

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

I'm assuming you wish to use visitor visas in the future. Yes, you would turn in your green card at I'm assuming the London embassy for you, with an I-407 form.

http://london.usembassy.gov/dhs/uscis/abandon.html

edit

Sorry about that, didn't look close enough to have your right home country. I'm assuming its very similar

Thanks for the replies guys. So I would be safe to stay until the GC expires after the divorce and I could still come visit the States in the future? I heard somewhere I would have to return the green card to my country's embassy.

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Thanks for the replies guys. So I would be safe to stay until the GC expires after the divorce and I could still come visit the States in the future? I heard somewhere I would have to return the green card to my country's embassy.

Technically no.

Once you are divorced you are in breach of the conditions of your conditional GC and must file ROC immediately. As you have no intention of staying, technically you should leave. BUT, your GC isn't invalid, it just means if you run into ICE or if your ex reports that you are divorced, they could put you in deportation proceedings. Which is why I wouldn't wait too close to the expiration of your card, or too long after divorce. It depends on your personal circumstances though of course.

In order to relinquish your GC, you should return to your home country and hand it over to your countries embassy. This will show you have no immigrant intent and you should not, in theory, have any trouble visiting the US in the future.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

 
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