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Removing Conditions - Green Card - Divorce Overseas(merged)

By logino in Removing Conditions on Residency General Discussion

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logino Newbie

logino   1

Posted
Filed: Timeline
Posted

Hi everyone...

I got married in US 3,5 years ago and I have the Conditional green card, witch is valid for another 4 months.

6 months ago me and my wife got divorced overseas but not in US and we need to start the process in US too..

Right now I'm back in my home country to sell some assets and take care of my dad because he had cancer.

I have read a lot of things but I don't know what's the best answer...

Should I start the I 751 considering that I'm divorced overseas or I should ask to my ex wife to fill out the form with me once we are still married in US? I don't want to lie or make things

easier just want the correct answer to avoid problems with immigration.

Thank you

kzielu Experienced

kzielu   1,153

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

You're not married - you're divorced. Where it happened isn't really relevant, there is no "married in US, divorced elsewhere".

You need to file for RoC immediately after you divorce and have to provide decree, regardless where it is from. Filling it forms with your ex-wife and pretend to be married while you're clearly divorced can really get you in trouble with immigration down the road - don't you see that's a misrepresentation ?

Boiler Grand Master

Boiler   46,198

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Divorced is divorced.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

logino Newbie

logino   1

Posted
Filed: Timeline
  • Author
Posted

I don't think you understand it...

I know that I'm divorced.

In order to remove conditions without my ex wife I need to send to USCIS a divorce paper and I DON'T have it from US, only from another country.

Also according to US, I'm still married, there's no registry of divorce but in other hand it is wrong to write a fake paper.

Considering these situations, I don't want to do whats easier or take advantage of shortcuts. I just want to understand what's the right thing to do considering that both

options doesn't work due do my conditions.

Thanks again

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I don't think you understand it...

I know that I'm divorced.

In order to remove conditions without my ex wife I need to send to USCIS a divorce paper and I DON'T have it from US, only from another country.

Also according to US, I'm still married, there's no registry of divorce but in other hand it is wrong to write a fake paper.

Considering these situations, I don't want to do whats easier or take advantage of shortcuts. I just want to understand what's the right thing to do considering that both

options doesn't work due do my conditions.

Thanks again

You send in the divorce decree from where you were divorced.

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Ok ! Thanks for the info, I dindn't think they would accept...

Also do you think that's a problem that I'm living overseas for a while?

It may be. How long is a while? You are supposed to file forms with USCIS for prolonged stays out of the US or you will forfeit your greencard.

dwheels76 Grand Master

dwheels76   5,469

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Ok ! Thanks for the info, I dindn't think they would accept...

Also do you think that's a problem that I'm living overseas for a while?

You have an issue because you were to file your Removal of Conditions within 90 days. You filed for divorce 6 months. Have you been divorced 6 months? When was your divorced finalized? You might have more of an issue here than just being out the country.

And remember you have to prove that you married in Good faith.

But more to the point what was the date your marriage ended.

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kzielu Experienced

kzielu   1,153

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

I don't think you understand it...

I know that I'm divorced.

In order to remove conditions without my ex wife I need to send to USCIS a divorce paper and I DON'T have it from US, only from another country.

Also according to US, I'm still married, there's no registry of divorce but in other hand it is wrong to write a fake paper.

Considering these situations, I don't want to do whats easier or take advantage of shortcuts. I just want to understand what's the right thing to do considering that both

options doesn't work due do my conditions.

Thanks again

No - you don't understand. It doesn't matter where you divorced, you're divorced. You don't need to have a divorce decree from US, it can be from anywhere in world (same way as people applying for CR-1/IR-1s have marriage certificates from different countries). Also, you divorcing in foreign country - especially if your "for a while" was extended period of time is going to raise questions. And as dwheels said - you need to prove you married in good faith, so need to send documentation. Otherwise you will be denied.

Ontarkie Grand Master

Ontarkie   14,512

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

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OLee Collaborator

OLee   64

Posted
Filed: IR-1/CR-1 Visa Country: Lithuania
 Timeline
Posted

I don't think you understand it...

I know that I'm divorced.

In order to remove conditions without my ex wife I need to send to USCIS a divorce paper and I DON'T have it from US, only from another country.

Also according to US, I'm still married, there's no registry of divorce but in other hand it is wrong to write a fake paper.

Considering these situations, I don't want to do whats easier or take advantage of shortcuts. I just want to understand what's the right thing to do considering that both

options doesn't work due do my conditions.

Thanks again

Translate and notarize your divorce decree in the country you are in now and submit it to where ever you need.

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Also, sworn = notarized

 

 

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Cathi Veteran

Cathi   5,794

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

How long have you been out of the US is the million dollar question? If you have been out of the US for an extended amount of time(more than 6 months) without a re-entry permit you green card was automatically forfeited.


raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

OP, there are so many things your time line would reveal to the members, posting here. But it is your preference, as knowing what country you are from would help so much, because some countries are so much more credible than others.

Submit your divorce, notarized, and file the paper work as soon as you can. Good luck, on a hard journey.

 
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