Removal of Conditions Filed Jointly after Divorce?

[oceanrock 0]

First off, I'm new to this forum but I have been reading a great deal on here. I'm getting ready to file for removal of conditions but running into a few questions that I hope someone with more experience might be able to shred some lights on.

Quick recap: We got married in the US (I was a F-1 student did not overstay my status), filed for the green card, went to the the interview, pretty much got approved on the spot, got the green card in the mail, everything went super smoothly, we didn't run into any problems, no red flags, our relationship has been truthful from the start. After a year, we filed for divorce, got the final decree shortly after. I moved out to another city several months after that. We kept in touch, he visited me several times, I visited him a few times as well. We decided to get back together. Recently I got my own place and he will be moving in with me very soon. My 2-year green card is to be expired this coming December.

So here are my questions...

1) I understand that since I am divorced, I can file for removal of conditions any time, it doesn't have to be within the 90 days preceding the expiration date of my green card. Is that correct?

2) Can I file jointly with my ex-husband who is also now my boyfriend (again) since obviously I'm with him now? Or do I have to file with a waiver even if we got back together?

3) About the evidence, do I include a letter explaining what happened since I am guessing our situation might not be common? We don't have much but we do have car title and car insurance. I used to have a bank account with him (that has been canceled), do I include that (but I will write on the paper that this account is inactive). Lease is out of the question because we went to the leasing office and they want to raise my rent 10% for one additional person on the lease! (very greedy in my opinion, my rent is already a fortune since I live in LA).

Thanks in advance! Much love!!

Edited July 28, 2014 by oceanrock

[funkymunky 11]

I don't think you can file jointly because you are divorced but you can file with a waiver and include a cover letter than explains your situation. Sorry I can't be more helpful, Good luck!

[Hypnos 6,576]

As stated, you cannot file jointly because you are no longer married. You will need to file under a divorce waiver and would need to show evidence that you entered into the marriage in good faith.

You can file at any point between when the divorce became final and being deported from the US.

Edited July 28, 2014 by Hypnos

[Ian H. 207]

You can file now since your divorce is final and you have up to when the card expires, but I wouldn't wait to send it in during the last week either. You cannot file jointly because you're already divorced. You have to file by yourself and provide the copy of the divorce and any evidence of the bona fides of your marriage as per the instructions and anything else that you think would help. It doesn't matter if it's something you had because they will know you are divorced, as long as the proof was during the marriage. They just want to see you entered the marriage in good faith and not for immigration purposes. The fact that you guys got back together may be irrelevant at this point since you are legally divorced. Hope this helps!

[Converts 9]

You cannot file your ROC any time you want. You can file within 90 days before your conditional green card expires since you already got your divorce decree.

Edited July 28, 2014 by Converts

[Ian H. 207]

When the petitioner and beneficiary are married and will file ROC jointly they are required to file during the 90 day period before the conditional GC expires. If they divorce, the LPR has to file by him or herself at anytime after the divorce is final. She doesn't have to wait for the 90 day period to begin.

You cannot file your ROC any time you want. You can file within 90 days before your conditional green card expires since you already got your divorce decree.

[Hypnos 6,576]

You cannot file your ROC any time you want. You can file within 90 days before your conditional green card expires since you already got your divorce decree.

Wrong.

[Converts 9]

When the petitioner and beneficiary are married and will file ROC jointly they are required to file during the 90 day period before the conditional GC expires. If they divorce, the LPR has to file by him or herself at anytime after the divorce is final. She doesn't have to wait for the 90 day period to begin.

Oh? I stand corrected! Sorry, OP! I learn new stuff every day.

[onye uwaoma 131]

You can file now since your divorce is final and you have up to when the card expires, but I wouldn't wait to send it in during the last week either. You cannot file jointly because you're already divorced. You have to file by yourself and provide the copy of the divorce and any evidence of the bona fides of your marriage as per the instructions and anything else that you think would help. It doesn't matter if it's something you had because they will know you are divorced, as long as the proof was during the marriage. They just want to see you entered the marriage in good faith and not for immigration purposes. The fact that you guys got back together may be irrelevant at this point since you are legally divorced. Hope this helps

No! she risks removal order the moment her divorce is final and have not applied for roc. if she wait until her window or card expires and uscis got to know about her divorce, then trouble!!! always file immediately upon final divorce............................

[Ian H. 207]

It has already been established that she has up until the expiration of the card to file for ROC. The fact that her divorce is final doesn't automatically cancel her status. She is still a conditional LPR until the date of the expiration on her card. As I advised before, she can file ROC at any time after her divorce is final and before her status expires. I also explained that I wouldn't wait until the very last minute to file the petition either.

No! she risks removal order the moment her divorce is final and have not applied for roc. if she wait until her window or card expires and uscis got to know about her divorce, then trouble!!! always file immediately upon final divorce............................

Edited July 28, 2014 by ianhalliwell186

[onye uwaoma 131]

It has already been established that she has up until the expiration of the card to file for ROC. The fact that her divorce is final doesn't automatically cancel her status. She is still a conditional LPR until the date of the expiration on her card. As I advised before, she can file ROC at any time after her divorce is final and before her status expires. I also explained that I wouldn't wait until the very last minute to file the petition either.

the fact is that her green card was conditioned on the marriage which has now been terminated. if uscis discover that the marriage has been terminated and she has not filed to roc, they will commence removal proceeding against her. on what basis would she remain eligible for the green card after divorce? why wait a minute to file after divorce? unless you have extreme case and can explain to uscis convincingly...

Edited July 28, 2014 by onye uwaoma

[Ian H. 207]

Please read above what the member "Hypnos" highlighted. Even though she is divorced she still has until her card expires to apply. The earlier the better, of course, but you don't have to pressure the OP to file the ROC today. Also, USCIS cannot and will not commence removal proceedings against her before that date, even if her divorce is final.

the fact is that her green card was conditioned on the marriage which has now been terminated. if uscis discover that the marriage has been terminated and she has not filed to roc, they will commence removal proceeding against her. on what basis would she remain eligible for the green card after divorce? why wait a minute to file after divorce? unless you have extreme case and can explain to uscis convincingly...

[Hypnos 6,576]

It has already been established that she has up until the expiration of the card to file for ROC.

No, she can for RoC file at any point up to her removal from the US, not just within the 90 days, as the screengrab I posted above indicates. She will be out of status from the day the card expires though, if she has not filed by that point.

Edited July 28, 2014 by Hypnos

[Ian H. 207]

Thanks, but I had already said that she didn't have to wait for the 90 day period to begin. The other member kept insisting that she had to apply immediately after the divorce, which is why I said that. Just to clarify by the way, since it's worded that way, can a conditional LPR apply for ROC after an order to be removed is entered? I did suggest that it wouldn't be wise to let it get to that point.

No, she can for RoC file at any point up to her removal from the US, not just within the 90 days, as the screengrab I posted above indicates. She will be out of status from the day the card expires though, if she has not filed by that point.

When the petitioner and beneficiary are married and will file ROC jointly they are required to file during the 90 day period before the conditional GC expires. If they divorce, the LPR has to file by him or herself at anytime after the divorce is final. She doesn't have to wait for the 90 day period to begin.

[Hypnos 6,576]

The window opens immediately when the divorce becomes final. It's a good idea to apply, but it's not compulsory.

As for filing with a removal order entered, I believe it's possible, but as you say it would be a bad idea to let it go that far.