Procedure with a pending divorce?

[Emmet+Jonathan 1]

Hi!

My two year green card is about to expire (14th of April) meaning I need to file my removal of conditions within 90 days of that date. The problem is me and my husband are in a marriage dissolution that will have gone through at the 9th of April at the earliest. When searching the topics here I understand that there might be a possibility for me to get an extension of my two year green card that I am now a holder of, and then file my papers when the divorce has gone through? And thereafter file as single and get a removal of conditions and the ten year green card? Any ideas on where to start, what forms etc?

Highly appreciate any suggestions!

Emmet

[Hypnos 6,578]

You file an I-751 indicating that you are seeking a waiver of the "filing jointly" requirement due to divorce. You will need to prove that you entered into the marriage in good faith.

If you are not able to supply a certified copy of the final divorce decree with your application then you will receive an RFE for it. If you are unable to respond to the RFE with the decree (likely due to not having received it by then) then you may be placed in removal proceedings and will have to appear before an immigration judge. At that point you can explain what has happened, that you will provide a copy of your divorce decree as soon as you are able. The judge will then continue your case, at least for a time, until you can provide the decree. Once that is done the judge would be able to resurrect your I-751 and you can then proceed in filing for RoC.

It's an inelegant system, but unfortunately that is how it works right now with regards to RoC and a pending divorce that is not yet final.

Edited February 21, 2013 by Hypnos