Getting divorce prior to removal of condition

[Gurlislandme 0]

Hello all,

We are getting divorce due to irreconcilable differences, is there anyway that I can continue to stay here without the sponsorship of my soon to be ex husband? Thank you so much.

PS. I am currently unemployed.

[Shelly11 14]

Yes. When it is time to ROC, since you will be divorced, file a divorce waiver.

I did and my interview is next week.

All the best

[Lex Specialis 38]

Financial situation is not your issue. Your husband has given an affidavit of support to the US government and will be on the hook if you become a public charge even after you divorce. Proving that your marriage was entered into in good faith is because you divorce before the conditions are removed. So if you have kids, joint assets, etc. this will be important to your application, not your employment status.

[Gurlislandme 0]

@Shelly11: where can I download that divorce waiver? Is it at USCIS site? Am I going to file that waiver after divorce? Or even when divorce is on going and time for ROC?

@Lex Speciallis: we don't have kids and no joint assets either

Thank you so much for the reply. I really appreciate it.

[bigtex26 2]

I'm in a similar situation - I think.

1) Married my non-U.S. Mexican wife in Mexico

2) Non-U.S. wife enters the U.S. with CR1 Spousal Visa - now has permanent resident card that expires 5/18/14.

3) After living together for 1 year, we both happily agree that things aren't working out and want to peacefully separate. We are on good terms.

However, she still wants to stay in the U.S. and live/work with her brother in California.

Conditions: We have no kids, no joint assets. She doesn't want spousal support afterwards.

Concerns:

1) Do we file for devorce before or after the divorce waiver?

2) Since we were legally married in Mexico (not the U.S) do we have to get a divorce in Mexico, or the U.S.?

Thank you for the help!

[mrgoodguy 5]

Make sure your divorce is FINAL (decree on hands) BEFORE filling I751. DO NOT FILE I751 during divorce, period.

- Get the divorce decree and send it with your i751 PLUS make sure you can proof the bonafide of your marriage for the time being. Affidavist from US citizens how knew you guys is highly recommended.

[Shelly11 14]

@Shelly11: where can I download that divorce waiver? Is it at USCIS site? Am I going to file that waiver after divorce? Or even when divorce is on going and time for ROC?

@Lex Speciallis: we don't have kids and no joint assets either

Thank you so much for the reply. I really appreciate it.

Its the same i-751 form. You will just need to check off on the waiver section. It will list the main reasons for a waiver - divorce, cruelty etc.

[newacct 688]

Yes. When it is time to ROC, since you will be divorced, file a divorce waiver.

I did and my interview is next week.

All the best

Not "When it is time to ROC". The OP should file ASAP after the divorce is final.

Make sure your divorce is FINAL (decree on hands) BEFORE filling I751. DO NOT FILE I751 during divorce, period.

Unless they are running into the 90 days before 2 years is up. Then they need to file even if the divorce is not final.

[bigdog 376]

Contact Herp Derp, he finished his for advice. Please see the uscis site. File on time no matter what or as soon as you are divorced.

[VanessaTony 3,567]

Make sure your divorce is FINAL (decree on hands) BEFORE filling I751. DO NOT FILE I751 during divorce, period.

- Get the divorce decree and send it with your i751 PLUS make sure you can proof the bonafide of your marriage for the time being. Affidavist from US citizens how knew you guys is highly recommended.

Incorrect. This is very dangerous advice.

The I-751 needs to be filed either after divorce is final, OR during the 90 day period, whichever is first.

So if the divorce is not final and the window opens, the OP needs to file the waiver without the decree (waiting until about a month until expiration of the GC to give themselves the most time). They will get RFE'd for the decree and there is a process they will go through if they don't have it in time but it will not result in deportation.

[mrgoodguy 5]

Incorrect. This is very dangerous advice.

The I-751 needs to be filed either after divorce is final, OR during the 90 day period, whichever is first.

So if the divorce is not final and the window opens, the OP needs to file the waiver without the decree (waiting until about a month until expiration of the GC to give themselves the most time). They will get RFE'd for the decree and there is a process they will go through if they don't have it in time but it will not result in deportation.

That is pretty obvious that it should be "either after divorce is final OR during the 90 day period !! I didnt think OP wouldnt know that, sorry.

However, based on the topic, we do not know when OP is filling for divorce, which state, etc. If OP can have the divorce finalized BEFORE filling for i751 it will creat less stress on the case.

Also, I dont even know that you can "be married" and file with a waiver, not sure. Can you ? I think applying for waiver apply only when applicant is divorced or divorce filled.

Also, a lot of ppl make the horrible mistake of getting i751 approved awhile divorce is STILL PENDING which will only create problems in the future.

[VanessaTony 3,567]

Also, I dont even know that you can "be married" and file with a waiver, not sure. Can you ? I think applying for waiver apply only when applicant is divorced or divorce filled.

Also, a lot of ppl make the horrible mistake of getting i751 approved awhile divorce is STILL PENDING which will only create problems in the future.

Yes you can be married and file by yourself, but only for the abuse waiver. You can file as a divorced person before filing for divorce, or while divorce is pending... but you will of course need the decree to actually get approved.

Being approved while divorce is pending isn't against the rules, espeically if the GC is approved without interview. If you interview you need to be honest and the IO will change your application to a divorce waiver petition.

If your divorce is final and your GC is approved based on a joint petition, that's not great. You need to contact USCIS/make an infopass and advise them your divorce is now final. It shouldn't be that big of a deal because ultimately your divorce waiver and joint petition are based on bonafide marriage but you may get into trouble for not advising them ASAP.

Your last paragraph is wrong... I think maybe you made a typo? It's not a "horrible mistake" to get I-751 approved while the divorce is still pending, it's perfectly fine. That is possible if filed with a joint petition and the USC didn't withdraw their support. There's no way to get I-751 approved on a divorce waiver petition with a divorce still pending.

[mrgoodguy 5]

Yes you can be married and file by yourself, but only for the abuse waiver. You can file as a divorced person before filing for divorce, or while divorce is pending... but you will of course need the decree to actually get approved.

Being approved while divorce is pending isn't against the rules, espeically if the GC is approved without interview. If you interview you need to be honest and the IO will change your application to a divorce waiver petition.

If your divorce is final and your GC is approved based on a joint petition, that's not great. You need to contact USCIS/make an infopass and advise them your divorce is now final. It shouldn't be that big of a deal because ultimately your divorce waiver and joint petition are based on bonafide marriage but you may get into trouble for not advising them ASAP.

Your last paragraph is wrong... I think maybe you made a typo? It's not a "horrible mistake" to get I-751 approved while the divorce is still pending, it's perfectly fine. That is possible if filed with a joint petition and the USC didn't withdraw their support. There's no way to get I-751 approved on a divorce waiver petition with a divorce still pending.

Dude, bont be silly and lets focus on the damn topic, all right ?! Try to help the OP instead of trying to show you know at all. If you read the TOPIC and the OPs question you will realize you are talking about smth thats nothing to do with the TOPIC.

Any marriage where the applciant file for divorce right after filling for i715 is aready suspicious to USCIS, as it should be suspicious.

For you OP, if you CAN, if its possible for you to be done with your marriage (divorced) before i751 approved than do it. You can do whatever VANESSA/TONY is saying (which they are right too) but avoid it. Otherwise you gonna look like someone who is using the system to get USCIS benefits, be careful. Be real and be truth. Read the i751 form all over and you gonna understand that you should file as married or not. One thing I can assure you (you can search yourself if you want) if you file as married and get divorced during the process you must contact USCIS otherwise it might cause you problems OP.

Also OP, regardless on what ppl tell you here, go see an attorney and ask for advise do you know why ? because USCIS approve/deny cases based on that particular case and NOT AS A CRITERIA.

I know someone, who was married for less than 8 month, got GC conditional, had NOTHING to show bonafide and removed conditions very easily in 6 month with NO INTERVIEW. As I heard of others, on the same case, who went through a lot of stress to remove conditions.

[VanessaTony 3,567]

Dude, bont be silly and lets focus on the damn topic, all right ?! Try to help the OP instead of trying to show you know at all. If you read the TOPIC and the OPs question you will realize you are talking about smth thats nothing to do with the TOPIC.

Actually I only responded about this matter because you incorrectly stated that the OP MUST wait for the decree before filing. You then in another post, went on to state a completely false statement of having ROC approved while divorce is pending being a "horrible mistake". I am simply ensuring that people know the complete truth, not phallacies.

The OP will be fine as long as they have evidence of relationship. Relationships fail, sad but true, and USCIS understands that.

Edited May 12, 2013 by Vanessa&Tony

[VanessaTony 3,567]

Hello all,

We are getting divorce due to irreconcilable differences, is there anyway that I can continue to stay here without the sponsorship of my soon to be ex husband? Thank you so much.

PS. I am currently unemployed.

the I-864 from your AOS is still in play, there is no need to submit financial information anymore so your employent sttus for that purpose doesn't matter.

For practical purposes, staying here without a job... where are you going to stay? Do you have friends/family to stay with?

As long as you have evidence of a bonafide marriage you should be able to ROC without problems. If you get an RFE and they're not happy with your reply, they will interview you. So try not to worry too much.

Remember to file ROC either after the divorce is final, or during the 90 days, whichever comes first.