Removing Conditions after divorce?

[tina103 0]

Good morning,

A friend had told me about this website as a great website for her during her immigration process years ago. I had some questions that I wanted to clear up and would rather not go at an attorney unless I absolutely have to.

I received a conditional green card for two years based on my marriage to my US spouse about 18 months ago. We were soon due to file the form I-175 (I think that is it) to remove the conditions on my green card. Unfortunately things have gone wrong in our marriage and we are about to begin divorce proceedings.

My husband and I are on very good terms and the failure of our marriage was due to personality differences/differences in future plans rather than any abuse, hardship, adultery etc... I have a job and life here now and I wish to stay in the country, my husband is very willing to help me achieve this and as I said we are still on very good terms. We entered into our marriage in good faith, we have lived together over the two years, have joint taxes filed together over 2 years, have joint bank accounts, many pictures of us together etc...

On the USCIS website it says that you can still obtain a 10 year green card and remove conditions even if you get divorced if you:

1) entered the marriage in good faith

2) were abused by your spouse

3)can prove that returning to home country will cause extreme hardship

My question is, in order to receive the 10 year green card and remove the conditions of the temporary residence do you have to meet all three of these criteria or just one?

I can clearly prove that we entered our marriage in good faith (1) but I was not abused by husband (2) and returning to my home country will not cause extreme hardship to me (3).

Basically my question is this: is just the fact that we can prove we entered our marriage in good faith enough to allow me to gain permanent residence or do I have to prove all three of these criteria to get the green card after divorce?

Any advise and help would be greatly appreciated.

Thanks so much in advance.

Tina

Now

[Dave&Roza 748]

It is at least one of the three with #1 being the most important unless #2 or #3 apply. All must show that the marriage was in good faith and not to circumvent US immigration laws. Just remember to file within the 90 day window of your conditional GC expiring or after the final divorce decree has been issued, which ever comes first. If the divorce is not yet final, you will get an RFE for the final decree which you will send back once you have it. You will be filing for a waiver for the joint filing requirement.

Dave

[tina103 0]

Thanks so much for your response Dave.

So am I correct in understanding that we can file for this waiver based solely on the fact that the marriage was entered into good faith even though there was no abuse or extreme hardship in returning to home country?

If a good faith marriage can be proved is USCIS favorable to these cases or is it likely that they will not approve my removal of conditions as I will be no longer married to my spouse? I am just wondering if they are likely to deny me even if I can prove we had a bona fide marriage because the marriage is actually over.

Thanks so much for your help and time.

Tina.

[sunshine16x 5]

There's no law that says you have to *stay* married to your spouse trough whom you obtained a GC. Things happen, life happens. You can file the petition without your spouse, requesting a waiver for the joint filing. It's best to file with the divorce decree in hand BUT don't let your GC expire without submitting the petition, regardless if the divorce is final or not. See the I751 Waiver Filers thread for more information and scenarios related to divorce. Good luck!

Thanks so much for your response Dave.

So am I correct in understanding that we can file for this waiver based solely on the fact that the marriage was entered into good faith even though there was no abuse or extreme hardship in returning to home country? YES

If a good faith marriage can be proved is USCIS favorable to these cases or is it likely that they will not approve my removal of conditions as I will be no longer married to my spouse? I am just wondering if they are likely to deny me even if I can prove we had a bona fide marriage because the marriage is actually over.

Thanks so much for your help and time.

Tina.

[Cheezees 1,514]

As others have said, the ROC process is not a test of whether your marriage lasted but rather, to prove that your marriage was entered into in good faith.

From what you wrote, it sounds like an amicable dissolution of your marriage and I foresee NO PROBLEMS in obtaining your 10-yr green card. You would be able to file for citizenship in 5 years (minus 90 days). Bonus points if your spouse could submit a notarized affidavit with your application.

Good luck!

[waiting_for_aos 11]

Hello Tina,

You may find this thread useful. It's basically timeline and description of people who were divorced before they applied for ROC.Good luck with your process!

http://www.visajourney.com/forums/topic/259288-i-751-waiver-filers-timeline/

[tina103 0]

Thanks so much everyone, this was soooo helpful!

We have not even formally started the divorce process. We do not have any children or own any property together. How long will it take before we can have our divorce certificate? It is possible that my temporary green card will expire and I will have to request the waiver before the divorce is finalized. What do I do in this case? what however long for the divorce certificate or go ahead and request the waiver without it?

Thanks again everyone!!

Tina.

[waiting_for_aos 11]

Thanks so much everyone, this was soooo helpful!

We have not even formally started the divorce process. We do not have any children or own any property together. How long will it take before we can have our divorce certificate? It is possible that my temporary green card will expire and I will have to request the waiver before the divorce is finalized. What do I do in this case? what however long for the divorce certificate or go ahead and request the waiver without it?

Thanks again everyone!!

Tina.

You said you got your conditional green card 18 months ago.Which means you have six months left before your green card expires. The time it takes to get divorce varies by state. I got divorced in Oklahoma and it took me ten days to get divorced. So you will have to look at your state laws to find out how long will it take for you. Since you don't have children or property dispute, it should be quick for you. I think if you really want a divorce, you should do it soon and then start the ROC process.

[tina103 0]

_{I have looked into it and the time it takes to get the divorce can take 1 month up to even 6 months.}

_{I am actually able to apply for the removal of conditions in early March.}

_{I am unsure of what to do as if I wait for the divorce to go through and I get it before my green card expires then great but what happens if I wait and it gets to the point where my GC expires and I am still to receive my divorce certificate. Do I let my card expire and then file for waiver or file for waiver without the divorce certificate in hand?}

_{I tend to think that I should apply for the waiver and send the divorce certificate when it comes rather than allowing my GC expires but I am anxious to find out what other more experienced people will think.}

[Dave&Roza 748]

_{I have looked into it and the time it takes to get the divorce can take 1 month up to even 6 months.}

_{I am actually able to apply for the removal of conditions in early March.}

_{I am unsure of what to do as if I wait for the divorce to go through and I get it before my green card expires then great but what happens if I wait and it gets to the point where my GC expires and I am still to receive my divorce certificate. Do I let my card expire and then file for waiver or file for waiver without the divorce certificate in hand?}

_{I tend to think that I should apply for the waiver and send the divorce certificate when it comes rather than allowing my GC expires but I am anxious to find out what other more experienced people will think.}

Re-read post #2. You file for ROC either during the 90 days before the GC expires or when the final divorce decree is issued which ever occurs first. If you let the GC expire you lost your LPR status and are deportable. Plus you have no recourse to remain in the US so you must leave the US or if you remain, you do so illegally and can end up with a ban. If the divorce is not final when you file the ROC, you will end up getting a request for evidence (RFE) for the final divorce decree. You have 89 days to reply to the RFE. You will eceive an extension letter extending our GC for another year while the ROC is processed.

Dave

Edited February 9, 2015 by Dave&Roza

[tina103 0]

OK, thanks Dave, that makes sense thank you.

What happens if I get the RFE for the final divorce decree and it does not come in the 89 days?

[tina103 0]

Thanks everyone for your replies and help. I have a pretty good idea on how it all works after obtaining information from various sources today.

My one confusion is that if I apply for a waiver without divorce finalized and when I get the inevitable RFE for the final divorce decree and I do not have it in the 89 days, what will happen?

What will the immigration judge say? What are the chances of them giving me an extension until I can finalize the divorce? Will I have to leave the US?

To be honest the thought of appearing in front of an immigration judge just because my divorce is not finalized yet is really intimating and scary.

[katiana_ramirez 1]

in my opinion why you don't wait till you receive you green card for 10 years and then get divorce now is more easier and faster to get your green card than you apply for remove condition self petition it's a long path

[Liliana_gnc 0]

Hi Tina,

did you get your 10 year green card eventually?