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philipo

divorce while waiting for conditional gc

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Filed: K-1 Visa Country: Belgium
Timeline

Hey guys .

What if I have my work authorization social sec card and I'm waiting for my conditional green card and right at that point in time I get divorced of my wife ( I'm the beneficiary ) what happens ? Do I still get my greencard and later on my 10 year gc or no ?

Please help

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

What ? Also if i have submitted my papers and im waiting for my conditional gc ?

It will all depend on a number of factors, say for example, wether your spouse successfully filed i864 on your behalf and never pulled it before you're approved of the green card (conditional). Also assuming your interview was waived otherwise, you might find it difficult to progress... Wishing you the very best!

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Filed: K-1 Visa Country: Belgium
Timeline

Nono assume the i864 is fine and everything is already in the uscis office and I have my work authorization card and ssc and even my state id. So basically I'm just waiting for my conditional green card. In this case would it be OK ? So if there would be a divorce right now would there still be a chance I would not get my papers ? It's just informative

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Filed: Timeline

Nono assume the i864 is fine and everything is already in the uscis office and I have my work authorization card and ssc and even my state id. So basically I'm just waiting for my conditional green card. In this case would it be OK ? So if there would be a divorce right now would there still be a chance I would not get my papers ? It's just informative

Assuming that before your green card is approved your wife successfully pulled the affidavit of support, that will cause a denial per say... Assuming she did not pull the affidavit of support but you are invited for interview and she refused to attend then denial will result... Otherwise, you should be approved...

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You're on shaky ground if considering divorce before your green card is issued; as stated above, if your wife pulls her I-864 before the I-485 is adjudicated then your green card will be denied.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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You may get your green card, if the I-864 is not pulled and you have no interview. Then the issue is going to come back up when you apply to remove conditions and get your 10 year green card. This can be done even if you're divorced, but explaining away the divorced before the original green card was issued might be a little hard. You intent towards establishing a bonafide marriage is what matters, not her's. But what evidence will you have to show this intent?

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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That's an incredibly short time after marriage to have your marriage dissolve in divorce. It's going to be really hard for you to convince them that this was anything other than a marriage to get a green card. And if your marriage is over, why would you want to stay anyway?

"Wherever you go, you take yourself with you." --Neil Gaiman

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Hey philipo. What happened?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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BTW: You live in California? Divorce in CA takes a minimum of 6 months (there's a required 6 month cool-off period).

http://www.calbar.ca.gov/Public/Pamphlets/DivorceCustody.aspx#6

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: Timeline

That's an incredibly short time after marriage to have your marriage dissolve in divorce. It's going to be really hard for you to convince them that this was anything other than a marriage to get a green card. And if your marriage is over, why would you want to stay anyway?

If you've been involved in this journey you'll understand that so much is involved in moving out of your home country to move here... You may have given up your well paid job and what have you to start your new life here... Also you may not comprehend the emotional and financial involvement while loving and with the intent for an everlasting relationship... You may put yourself in the shoes of the OP and see how it feels...
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