Help appreciated - Removing conditions after divorce

[davieinverness 1]

Hi all,

Long time reader, first time poster here.

I am in severe need of guidance.

I'll try to keep my sob story brief. My wife is a US citizen. I am British. We met in London in 2010 when we were both at university. We fell for each other, but were only together for a year before my wife had to return to the US. She wasn't a US citizen at that time, only a permanent resident with a GC. She had to return to get her citizenship which took two years. During those two years I lived, worked and saved in London while she did the same in NYC until she got her citizenship, I got a K-1 visa and moved here in March 2014. We were married in April 2014, I received my EAD card some months after and finally got my Green Card in May 2015, which expires in May 2017.

Things were good for a while, but it began to become clear that during our time apart we had both changed, by this time she didn't want children and I did, she was 100% career driven and I wasn't. What once held us together wasn't there anymore. We didn't see it until we lived together, despite my frequent visits to the US. Tensions rose and eventually she told me that she didn't love me anymore and wanted a relationship with someone she met at work. This was crushing.

I won't go into details but obviously this was very painful. I moved out a year ago, but some how managed to keep it amicable with her. We are on decent terms right now.

I have started a new life for myself in the US, I like my job, love my friends and want to continue living here. Therefore I want to explore the option of staying, having entered a marriage in good faith.

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

#2 and #3 are not applicable to me, but #1 definitely is. We genuinely loved each other and worked very hard to be together.

My question is, what are my chances of being granted a 10-year green card if we get divorced before I apply for ROC? And what do I need to do/provide for it to be excepted?

Any help would be greatly appreciated by this forlorn soul!

[Merrytooth 5,748]

Many people have successfully ROC with divorce waiver.

You have to show evidence of bona fide marriage, so start collecting documents needed for ROC I-751 form.

BONAFIDE EVIDENCE Example list for ROC

1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

Joint Federal / State Tax transcripts

Joint bank account statements

Proof of joint credit card use

Mortgage loan contract or lease contract with both partners names in it

Power of Attorney

Wills

Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills

Life insurance policy showing spouse as beneficiary

Health insurance / Dental / Medical Bills

Car insurance

401(K) account information showing spouse as beneficiary

2. Photographic Evidence

Photos of you two together

Photos of you two with family (such as wedding, parties, kids graduation, etc.)

Photos of you two in various locations and times

3. Other Evidence in Support of Bona Fide Marriage

Birth certificates of any children born to you together

Sworn affidavits of friends and/or family

Letters/cards from friends and/or family

Vacation / honeymoon photos / Boarding Passes showing both of you travelling together

Hotel receipts with both your names

Other Misc receipts with both partners names in shipping/billing address

Joint Fishing or Hunting license

List spouse as each other emergency contact from employers

[aleful 1,905]

hi

as long as you can prove that you entered your marriage in good faith, there is no problem

you need to file the ROC as divorced, you are no longer together

[davieinverness 1]

Many people have successfully ROC with divorce waiver.

You have to show evidence of bona fide marriage, so start collecting documents needed for ROC I-751 form.

BONAFIDE EVIDENCE Example list for ROC

1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

Joint Federal / State Tax transcripts

Joint bank account statements

Proof of joint credit card use

Mortgage loan contract or lease contract with both partners names in it

Power of Attorney

Wills

Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills

Life insurance policy showing spouse as beneficiary

Health insurance / Dental / Medical Bills

Car insurance

401(K) account information showing spouse as beneficiary

2. Photographic Evidence

Photos of you two together

Photos of you two with family (such as wedding, parties, kids graduation, etc.)

Photos of you two in various locations and times

3. Other Evidence in Support of Bona Fide Marriage

Birth certificates of any children born to you together

Sworn affidavits of friends and/or family

Letters/cards from friends and/or family

Vacation / honeymoon photos / Boarding Passes showing both of you travelling together

Hotel receipts with both your names

Other Misc receipts with both partners names in shipping/billing address

Joint Fishing or Hunting license

List spouse as each other emergency contact from employers

I have posted what I can provide of this information below:

1. Evidence of Joint Ownership of Assets and Shared Financial Responsibility

Joint Federal / State Tax transcripts

Proof of joint credit card use

Utility / Cable TV / Cell phone / Pets visit / Membership / Joint purchase bills

Life insurance policy showing spouse as beneficiary

401(K) account information showing spouse as beneficiary

2. Photographic Evidence

Photos of you two together

Photos of you two with family (such as wedding, parties, kids graduation, etc.)

Photos of you two in various locations and times

3. Other Evidence in Support of Bona Fide Marriage

Sworn affidavits of friends and/or family

Letters/cards from friends and/or family

Vacation / honeymoon photos / Boarding Passes showing both of you travelling together

Hotel receipts with both your names

Other Misc receipts with both partners names in shipping/billing address

List spouse as each other emergency contact from employers

Will this be enough?

[Merrytooth 5,748]

No apartment lease or similar to show that both of you were living together before the marriage breakdown?

Remember that the evidence have to span of the entire marriage.

So include more monthly bank / credit cards / bills statements in the I-751 package.

Some people also include a brief summary of why the marriage did not work out in the cover page.

Once your divorce is finalized with the official divorce decree, you can file I-751 immediately without waiting till

90 days before the green card expiration date (May 2017).

[davieinverness 1]

No apartment lease or similar to show that both of you were living together before the marriage breakdown?

Remember that the evidence have to span of the entire marriage.

So include more monthly bank / credit cards / bills statements in the I-751 package.

Some people also include a brief summary of why the marriage did not work out in the cover page.

Once your divorce is finalized with the official divorce decree, you can file I-751 immediately without waiting till

90 days before the green card expiration date (May 2017).

I have plenty of stuff in that has our shared address from when we lived together, but no lease or anything like that. Will that be a problem?

[NikLR 13,232]

Not really, you can prove you lived together.my

Im sorry youve had to go through this. Best of luck on ROC. Sounds like you have a lot of evidence.

[squareleg 69]

Plenty of folks ROC after divorce. Collect the evidence and apply. It is pretty routine. Good luck.

[davieinverness 1]

Thanks for the info, ladies and gentleman! Much appreciated. If I do apply for ROC, after my current GC expires I understand it might be a long time before I get ROC approved, if in fact it is approved at all. Under what circumstances can I work and travel during that time? If it takes over a year, does that mean I won't be able to travel for over a year? And what document would I have for work authorization?

Again, all advice is appreciated. Feeling pretty low about all of this. Knowing there is a chance means a lot.

[Merrytooth 5,748]

Once you file the I-751 ROC, you will get an I-751 receipt notice in the mail stating that your "conditional resident status is extended for one year"

=> allows you to prove your Green Card status, to immigration, employers, and allows you to travel whilst your I-751 ROC application is being processed.

[davieinverness 1]

Once you file the I-751 ROC, you will get an I-751 receipt notice in the mail stating that your "conditional resident status is extended for one year"

=> allows you to prove your Green Card status, to immigration, employers, and allows you to travel whilst your I-751 ROC application is being processed.

Thank you! Does it say this somewhere on the USCIS website or in their paperwork that I can reference? The more information I have to read on this, the better I will feel...

[Merrytooth 5,748]

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Work Permit

As a permanent resident, you should have received a green card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file Form I-751 on time, we will extend your conditional resident status until a decision has been made on your application. You will be sent a notice reflecting this.

Also this:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/crextensn120203.pdf

[davieinverness 1]

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Also this:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/crextensn120203.pdf

Thanks again! The kindness of strangers is encouraging.

So from your second link I see the following:

"Currently, a conditional resident who files a Form I-751 receives a Form I-797, Notice of Action, extending his or her status as a conditional resident for a 1-year period. This Form I-797 also advises the conditional resident that travel and employment are authorized for that 1-year period. Thus, conditional residents with expired Forms I-551, Permanent Resident Cards, may present their expired Form I-551 and their Form I-797 as evidence of their status in the United States. There is no guidance concerning what documentation may be given to a conditional resident who has received this 1-year extension, but whose Form I-751 has not yet been adjudicated."

So If I am reading this correctly it means that if I apply for ROC in March, for example, under my circumstances I will then receive Form I-797 and use that in conjunction with my expired Green Card to stay in work and travel for 1-year from the expiration of my Green Card, before either my ROC is approved or I am put into removal proceedings?

[Merrytooth 5,748]

So If I am reading this correctly it means that if I apply for ROC in March, for example, under my circumstances I will then receive Form I-797 and use that in conjunction with my expired Green Card to stay in work and travel for 1-year from the expiration of my Green Card, before either my ROC is approved or I am put into removal proceedings?

Yes to the bold part.

You won't be put into removal proceedings.

[davieinverness 1]

Yes to the bold part.

You won't be put into removal proceedings.

Thank you, yet again. If after that one year my ROC does not get approved due to lack of evidence, how long will I have to leave the US?