Divorced before filed for Conditional Green Card but I still got approved for Permanent Green Card

[janine12 0]

Hi Everyone,

I dont know how to start this off. Ok. So my husband and I just found out we've been divorced for more than a year now. We had no idea. We have been together for more than 3 years now and thought we have been married for 3 years. Our marriage is bonafide. We really loved each other but of course as usual married couple we had our ups and downs. So 2 years ago, we decided to be separated coz things arent working out. After a month of being separated, we decided to just get a divorce. So we went to the court house together and filed for a divorce. We both signed it and everything and they told us they would mail us details about our divorce. But we ended up getting back together and decided to work things out. Months and months passed, we didn't get any follow up news about the divorce. So we figured it got dismissed. We filed it around July 2011. We have been together this whole time til last month that we decided that we can't really do this anymore. So we went to the court house yesterday to look at our file and we were gona refile so we don't have to fill out paper works again. Turned out that we have been divorced since Feb 2012. We never got anything from the court saying we're divorced. But it says on the paper they sent us priority mail about the dissolution of our marriage but we never got any. We were both shocked and couldn't believe we have been divorced this whole time we were together.

I can't believe it coz we filed our taxes together and I filed for Removal of condtion of my green card Oct 2012 as married to him and we sent a lot of pictures together the whole time we were "legally" divorced. I just got my Permanent Green Card this month too. I'm just hoping they won't accuse me of Fraud for filing of removal of condition as married to him when we weren't even married. I dont know what to do. Please help.

June 15, 2010 - Married

Dec 2010 - Got conditional green card

July 2011 - Filed for divorce but thought it was dismissed coz we didn't get any follow up and got back together after a week of filing

Feb 2012 - Legally divorced without us both knowing it. WE didnt get anything from the court

Oct 2012 - We both filed for my condtional of green card as we married couple (we didnt know)

May 2013 - Got the letter of approval of removing of condition

June 12, 2013 - Got the permanent green card

June 21 2013 - We just found out we have been divorced for a year and 4 months

We have been together this whole and had vacation together and with his family.

Any input would be appreciated.

Thank you so much

[aaron2020 11,651]

Definately not a do-it-yourself situation.

You need a lawyer to help you resolve this.

[C-ma'am 684]

**Post moved to Effects of Major Family Changes on Immigration Benefits

[VanessaTony 3,567]

You are in a LOT of trouble. Filing for removal of conditions as a joint couple when you're actually divorced is a material misrepresentation. Material misrepresentations can result in deportation and a lifetime ban.

You need to hire an attorney asap. This isn't something you just ignore and hope it goes away. You can have this come back to bite you at any point, even after citizenship (if you go that way).

I'm honestly not sure how you're supposed to fix this so the only advice I have is find an attorney, a good one, and quick. Its not going to be easy and it's not going to be cheap. Fix it asap. The longer you wait, the worse it will be.

I will also note, that it doesn't look good that once you got your 10 year card, the same month you decided that you're not staying together anymore. I would suggest you try and fix this TOGETHER.

[N-o-l-a 7,168]

Obviously you need some legal advice, which none of us are capable of giving you, but I have a rather serious and obvious question. Did you file a non-appearance affidavit with your original divorce petition? Is your state one in which a party needs to appear before the court or file a non-appearance affidavit in order to enter a judgement on the case?

It is kind of hard to claim ignorance in this situation, because people like me and my ex-husband didn't show up in court and are also divorced and it was entirely intentional. I made sure to call to check to see when it was on the docket and when the judgement had been issued.

It never occurred to you or your partner to call?

[aaron2020 11,651]

You are in a LOT of trouble. Filing for removal of conditions as a joint couple when you're actually divorced is a material misrepresentation. Material misrepresentations can result in deportation and a lifetime ban.

You need to hire an attorney asap. This isn't something you just ignore and hope it goes away. You can have this come back to bite you at any point, even after citizenship (if you go that way).

I'm honestly not sure how you're supposed to fix this so the only advice I have is find an attorney, a good one, and quick. Its not going to be easy and it's not going to be cheap. Fix it asap. The longer you wait, the worse it will be.

I will also note, that it doesn't look good that once you got your 10 year card, the same month you decided that you're not staying together anymore. I would suggest you try and fix this TOGETHER.

In order for it to be fraud, the applicant must KNOWINGLY make the misrepresentation. Since it is impossible to know what is going on in someone's head, the circumstances surrounding the misrepresentation and the reasonable person standard is used.

Is it reasonable for a couple who file for divorce and though they abandoned it KNOWING misrepresent their marital status in the ROC. Would a reasonable person think the case was "dismiss" when they file and do nothing else? Would the reasonable person withdraw the petition after getting back together?

If it was me, I would have withdrawn the divorce application. That's what a reasonable person would do. It seems very odd to file for divorce and then do nothing to withdraw it.

Edited June 22, 2013 by aaron2020

[aaron2020 11,651]

Obviously you need some legal advice, which none of us are capable of giving you, but I have a rather serious and obvious question. Did you file a non-appearance affidavit with your original divorce petition? Is your state one in which a party needs to appear before the court or file a non-appearance affidavit in order to enter a judgement on the case?

It is kind of hard to claim ignorance in this situation, because people like me and my ex-husband didn't show up in court and are also divorced and it was entirely intentional. I made sure to call to check to see when it was on the docket and when the judgement had been issued.

It never occurred to you or your partner to call?

+1

Exactly.

In non-contested divorces, all it takes is a filing at the courthouse. Court appearances are not necessary. All you get is a letter saying the divorce is final.

It just makes sense that if you file for divorce and subsequently change your mind that you would go back to withdraw the petition rather than let it be processed further. That just seems like common sense to me.

[VanessaTony 3,567]

In order for it to be fraud, the applicant must KNOWINGLY make the misrepresentation. Since it is impossible to know what is going on in someone's head, the circumstances surrounding the misrepresentation and the reasonable person standard.

Is it reasonable for a couple who file for divorce and though they abandoned it KNOWING misrepresent their marital status in the ROC. Would a reasonable person think the case was "dismiss" when they file and do nothing else? Would the reasonable person withdraw the petition after getting back together?

If it was me, I would have withdrawn the divorce application. That's what a reasonable person would do. It seems very odd to file for divorce and then do nothing to withdraw it.

Thank you for the clarification and I agree. I can't imagine filing for divorce and then not following up to withdraw it and instead just closing my eyes and turning my back and hoping it would go away (especially after a week as the OP said they got back together a week later). It just doesn't seem like something, as you said, a reasonable person would do. I'm sure the forms they signed would have explained it... I just don't think USCIS will see this as an "honest mistake" which is why they really really need a good lawyer... man. What a mess

[Darnell 8,479]

well, you dodged a bullet so far -

IE - USCIS not check status to see if any divorce granted and issued you a 10 year card already.

Not a DIY situation here - I suggest you pay for a consult, 1 to 2 hours, with an immigration attorney .

[janine12 0]

I hear you all and I appreciate all your suggestions and opinions. I have no idea how does a divorce work all I know was I trusted my husband. I though he knew what he was doing. I didn't know it was that easy to file for divorce. I though we had to come to the court together and explain our side why we want a divorce as I seen on tv. But obviously not. We really had no idea that it was even on the process and that the application for divorce was accepted because we didn't receive any notice from the court saying it was accepted and in the process. Even the formal copy of dissolution of marriage, we didn't get any. A month after we went to file it we got our own apartment and it was under our names and after a year lease. We rented a new place again under our names. We've been filing our taxes together as married. He just renewed his car insurance last 3 months ago as married and my name was on it too. So we have everything to prove that we had no idea we have been divorced this whole time til yesterday. It was so crazy how I even got my permanent green card without questions asked. They didn't request for an interview and I got it in just 7 months. It's probably because they were satisfied that our marriage is bonafide. But still, don't they check first if a couple is still married before they approve? I honestly don't know what to do. I am so worried that's why as soon as I find out yesterday I knew I had to do something even if I already got my permanent green card. My husband said he will help me and we will talk to a lawyer. Well I guess it's supposed to be ex husband. This is insane. :/

Thank you guys

Have a great day!

[VanessaTony 3,567]

I hear you all and I appreciate all your suggestions and opinions. I have no idea how does a divorce work all I know was I trusted my husband. I though he knew what he was doing. I didn't know it was that easy to file for divorce. I though we had to come to the court together and explain our side why we want a divorce as I seen on tv. But obviously not. We really had no idea that it was even on the process and that the application for divorce was accepted because we didn't receive any notice from the court saying it was accepted and in the process.

Even the formal copy of dissolution of marriage, we didn't get any. A month after we went to file it we got our own apartment and it was under our names and after a year lease. We rented a new place again under our names. We've been filing our taxes together as married. He just renewed his car insurance last 3 months ago as married and my name was on it too. So we have everything to prove that we had no idea we have been divorced this whole time til yesterday.

It was so crazy how I even got my permanent green card without questions asked. They didn't request for an interview and I got it in just 7 months. It's probably because they were satisfied that our marriage is bonafide. But still, don't they check first if a couple is still married before they approve?

I honestly don't know what to do. I am so worried that's why as soon as I find out yesterday I knew I had to do something even if I already got my permanent green card. My husband said he will help me and we will talk to a lawyer. Well I guess it's supposed to be ex husband. This is insane. :/

Okay well you'll want to amend the tax returns from married to single eventually, but I wouldn't do anything until you see an attorney because those might be good evidence

You went and filed the paperwork, that means it was accepted. They don't call you and ask "are you sure?".. that's just not how it works. Also you said you moved a month after filing, they would have sent it to the address you put on the paperwork. Especially because you didn't file with an attorney (the attorney would have called you otherwise).

GC without question is pretty normal and the US government can't check every courthouse to find out if someone is divorced, that's not their job. They're trusting you're telling the truth and if you're not, they punish you.

Yep. You and your ex-husband should see an attorney, an IMMIGRATION attorney, asap to find out how to go about fixing this. Maybe the fact you only filed one piece of paperwork will help you... maybe it won't. Maybe continuing to "lie" about being married on taxes etc shows them you didn't realise you were "lying". now that you know though, don't continue saying you're married.

[janine12 0]

Okay well you'll want to amend the tax returns from married to single eventually, but I wouldn't do anything until you see an attorney because those might be good evidence

You went and filed the paperwork, that means it was accepted. They don't call you and ask "are you sure?".. that's just not how it works. Also you said you moved a month after filing, they would have sent it to the address you put on the paperwork. Especially because you didn't file with an attorney (the attorney would have called you otherwise).

GC without question is pretty normal and the US government can't check every courthouse to find out if someone is divorced, that's not their job. They're trusting you're telling the truth and if you're not, they punish you.

Yep. You and your ex-husband should see an attorney, an IMMIGRATION attorney, asap to find out how to go about fixing this. Maybe the fact you only filed one piece of paperwork will help you... maybe it won't. Maybe continuing to "lie" about being married on taxes etc shows them you didn't realise you were "lying". now that you know though, don't continue saying you're married.

Well clearly I do not know how the processing works. That is why I am here seeking for help and explaining my side but I think you are just too quick to judge. I am not maybe "continuing to lie" coz as I have said we both had no idea we are already divorced. There's no way we could have missed it if it was mailed to us coz we used his parents address. We still get our mails there. Anyways Thanks for your sweet input. have a great day!

[N-o-l-a 7,168]

I never had a divorce judgement mailed to me or anything else related to my divorce. Usually with legal cases you have to request a copy of it from the clerk.

[janine12 0]

I never had a divorce judgement mailed to me or anything else related to my divorce. Usually with legal cases you have to request a copy of it from the clerk.

It says on the paper that we had printed out at the court house yesterday that the true copy of the Judgment of Dissolution and Notice of Entry of Judgment was mailed first class, postage fully prepaid, in a sealed envelope to the address of his parents.

[Darnell 8,479]

then his parents have it, right?

or it was 'nixed' back from the parents' address by USPS ?