Divorce before AOS?

[DavenRoxy 1,073]

Here's why you CAN (and many, many have) gotten a 10-year GC even when divroced:

There are limited exceptions available to an immigrant when his or her U.S. citizen spouse will not cooperate or help the immigrant file to have the condition taken off of the green card. If a couple separates or divorces at any time after the green card is first issued, it is unlikely that the originally sponsoring U.S. citizen or LPR spouse will cooperate in helping the immigrant spouse release the condition on the green card for a number of reasons. If this happens, the immigrant may be able to apply to have the condition removed from his or her own green card by applying for a waiver. The waiver allows the immigrant to apply to remove the condition on his or her green card without the assistance of their spouse. There are currently three different ways or grounds to apply for a waiver:

(1) good faith or bona fide marriage ground (if your divorce is final at the time of filing);
(2) extreme hardship (to the immigrant if deported to their original country); or
(3) extreme cruelty (proving that the immigrant suffered physical, emotional, or financial abuse from their spouse)

CIS allows an immigrant to apply for any number of these grounds on the same petition. Waivers are generally more difficult to have approved. If an immigrant files a waiver, the current policy is that an interview will be required. If you file a joint petition and depending on the evidence submitted, an interview may not be required.

If an immigrant fails to file for either a waiver or to file a joint petition with the spouse within the 90 day period, the green card will be terminated.

Once a CIS receipt notice is received from CIS, the immigrant will have proof that his or her green card is still valid for another year or until the case is decided, whichever comes first. If the case is still not decided within a year, the green card will be extended for another year and will be extended on an annual basis until the case is decided.

[KayDeeCee 4,893]

how do I know?

i read the immigration law when it passed and the congressional statements when it passed.

it was to curb fiance visa fraud.

why else would you add a 2 year waiting period?

i think the better question would be what would it take to convince you that there is a problem with fiance visa fraud in the past and congress has attempted to address it with legislation? makes sense to me and to most poeple i think.

What does the fact that visa fraud happens have to do with you stating someone that is divorced will not be approved for removing conditions?

You stated someone could file for the 10 year card if divorced but it would not be approved. I posted a link showing you a list of the approvals here on VJ. So no, you do not know that someone will be denied if they file for ROC when divorced. Approvals happen all the time.

It is not fraud. If they entered into the marriage in good faith but happened to divorce, they are still eligible to apply for ROC. Please see page one under Who May File Form I-751? > http://www.uscis.gov/files/form/i-751instr.pdf

[Peter_Pan 661]

He will probably just get his GC in the mail at this stage, I am guessing he is in the waiver pile.