Getting divorced before 2yrs as a green card holder... please help

[Transborderwife 4,666]

that's what I was saying... even after the 1 year it's gonna take months for me to get the decree, during which time I'll probably have been deported...

That's the risk that you take. Lying to uscis or fraud. Neither is a path to be chosen easily. Or should be for that matter Edited December 27, 2014 by Transborderwife

[onye uwaoma 131]

I understand. Is there no way of not going to the immigration court? Like putting a note in the I-751 that the divorce procedure has not been finalized?

In North Carolina apparently when you file for divorce and say "we've been living apart for one year" no one questions you and you don't need to submit proof.... I'd hate to lie, but if I have no other option I will.

How involved would USCIS be in the divorce process? I mean, if I lie to NC and divorce my wife, saying we've already been living apart for a year, then with the divorce decree submit a I-751 to USCIS... how much would they check it? Would they say something like "but your registered address with us is the same residence as your wife," etc?

I know that lying like this is despicable but I don't want to have to go to immigration court... If I separate from my wife in Feb 2015 I'll have the divorce decree in Feb 2016. But my GC expires in Nov 2015. And I have to apply way before then. So there's gonna be like 6 months between my I-751 application and the divorce decree....

Sorry for picking your brain like this

Trying to cut corners in your situation will lead you to the undesirable end (deportation) you fear most... Being truthful will take you a little longer time to reach your desired destination (Permanent Residence)... The choice is yours... On a side note: it's shamefu that you're here contemplating fraud for immigration purposes only!

[Villanelle 4,122]

Ok dear stranded- lets make this very easy to understand. You are in the same fog of confusion so so many are in when they get here and posts odd questions like this.

On one side there is immigration/USCIS --- on the other is your life/marriage/divorce/separation/kids.

You may feel like these two things are intertwined and dependent on each other but they ARE NOT.

You DO NOT, SHOULD NOT and CAN NOT base your life on the USCIS. Rather you live your life and file the appropriate paperwork- whatever it may be.

Get it?

People that do it the opposite way are committing fraud. Its so very simple.

The USCIS has provisions and appropriate paperwork FOR EVERY SINGLE LIFE EVENT that occurs.

Yes, some of it may take longer then others depending on the situation. Some may require 2 or 3 visits to the local office, some require sending multiple mailings back and forth, some even require- yes going to an immigration court building at the end of the day. But they are all legal and provisions set up by the USCIS to accommodate your life changes.

So please follow the advice Hypnos gave you early in the thread. Search for other threads similar to yours. Plenty have gone through it, its not a big deal. Consult an attny if it makes you more comfortable and have them help you file and follow the process through with you.

You will never be out of status, always be able to work, travel etc. There is no threat of deportation or losing the GC if you follow all notices and RFEs. (which is no different then if you filed jointly)

[sunshine16x 5]

I am in a similar situation, please see my timeline. My advice is file timely, you don't want to be out of status and never lie or everything will end badly.