Denied GC = 3/10 year ban?

[siig 0]

It's her GC, so if you are divorcing, I would let her worry about it.

It is how I feel too, but whether or not she gets a GC I wouldn't want her barred from re-entry, either. She brought that up to me as a possible outcome if I didn't go to the final interview/file the joint I-751 petition with her, which didn't sound right to me, but she tends to exaggerate & manipulate to get her way (part of why we are separated). So thank you for helping me to clear this up.

[Harpa Timsah 13,258]

Ahh, there we go. She can go to the interview alone and change to a waiver filing based on a bona fide marriage and a divorce. They will issue a RFE for a final divorce decree that she can submit once she has it. It is not your responsibility to lie to the gov for her, and furthermore, that is illegal and can result in fines and penalties for you. Don't let her make you feel bad, she can and should do this alone. It's nice you care, but really she is the one who should doing the research. Rest at ease knowing that you are not harming her GC process in any way.

[Daniel&Theary 30]

Just because you are divorcing does not msan she will be denied a GC. I know of people who did get theirs even with a divorce

[siig 0]

Just because you are divorcing does not msan she will be denied a GC. I know of people who did get theirs even with a divorce

Yeah. I would feel burned if she got it, but as long as she doesn't come stalking me then glad I could help I guess.

Vanessa&Tony, and everyone else, thank you so much for helping me out. It is confusing figuring out this process, especially when her communications with the govt aren't shared with me or she twists the information. Glad to hear she won't get banned for 3/10yrs or whatever she said it would be.

[people 0]

I have also question,the immigration know if you are getting divorce even you did not tell them?

[JimVaPhuong 4,863]

I have also question,the immigration know if you are getting divorce even you did not tell them?

If you're filing to remove conditions then it is most definitely a material fact that must be divulged. If you jointly file an I-751 after starting divorce proceedings then you've already lied to them. If you jointly file an I-751 and then start divorce proceedings before the ROC has been approved then you must notify them that you want to change to a waiver filing.

They may not immediately find out about the divorce filing. It can sometimes take a year or two before something like that comes up in a public records check. However, if at any time they discover that a divorce had been filed before a jointly filed I-751 had been adjudicated then they can revoke the green card as having been obtained under fraudulent conditions. Stuff like this usually comes up when the foreigner applies for US citizenship.

Rule #1: Never ever lie to the US government. The repercussions if you're caught are always much worse than the benefits if you're not.

[people 0]

Thanks for the reply jimpavhoung...he filed divorce after my biometric and i didnt know he filed divorce.i was wondering only i received letter from the court.

[VanessaTony 3,567]

If you're filing to remove conditions then it is most definitely a material fact that must be divulged. If you jointly file an I-751 after starting divorce proceedings then you've already lied to them. If you jointly file an I-751 and then start divorce proceedings before the ROC has been approved then you must notify them that you want to change to a waiver filing.

Sorry Jim but the bolded isn't correct. Memo here: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

Page 2:

USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.

Also read the bottom of page 2 onto page 3.

The OP need not notify USCIS of the divorce. Only if their divorce is finalised MUST this be done (if I-751 is processing), and also if they get an RFE for more information they should, and if they get an interview they'll need to change to a waiver filing.

[people 0]

Thanks vanessa & tony.im tired of thinking about my interview:(