Move to a different state and Removing Green Card's condition

[GMPeace 0]

Hi,

I have a few questions and I would really appreciate if someone could help me with them.

I got married in July 2014 to a US citizen.

Sadly, things are not going well between us. We started seeing a marriage counselor but he stopped going and now I just go by myself.

We live in South Carolina, in the same house but in separate bedrooms. Barely see or talk to each other anymore.

Whenever I try to talk to him, it seems pointless, as if I'm just a hindrance. This whole situation got me pretty depressed and I just want to move on with my life.

I want to move to a different state, more specifically California.

My green card expires next year, August 2017, and I will have to file to remove the condition within 90 days before it expires.

I was wondering.

1. If I move to California, how will that impact removing the condition of my Green Card?

2. Will I still be able to file the Form I-751 to remove the condition?

3. If I'm not divorced by the time I have to file the form, do I need a waiver? do I have to file with my spouse?

4. Would they deny me and take away my green card if I move to a different state by myself?

5. What about if I start a divorce procedure while in California and my spouse is still in South Carolina ?

Sorry, I know it's a lot of questions, but I hope that someone can provide some helpful insight.

Thank you

Peace

[Max! 10]

Yes you can move but before moving talk to immigration lawyer. Make sure you have all record of all counseling and with lawyer apply for removal of condition . It must be difficult time for you. Just gather energy and talk to lawyer take one step at time.

Edited July 23, 2016 by maxshah912

[GMPeace 0]

Yes you can move but before moving talk to immigration lawyer. Make sure you have all record of all counseling and with lawyer apply for removal of condition . It must be difficult time for you. Just gather energy and talk to lawyer take one step at time.

Hi,

Thank you very much for your reply.

Yes, it's pretty difficult and I'm trying to deal with the situation in the best way possible.

I'm also trying to contact a lawyer about it.

You say to file for ROC, but the earliest I can file it is May 2017, and I would like to move to a different state soon.

[newacct 688]

Which state you can file for divorce in is a question of divorce law which this site is probably not the best place to ask.

If you know for sure you are going to divorce soon, or your husband is not likely to be willing to jointly file ROC with you, then you should divorce ASAP and file ROC based on divorce when the divorce is final or when you are in the 90 day period before your 2 years. The reason why you should try to divorce early if you are going to file ROC based on divorce is that divorce in some states can take many months, and ROC can only be approved when your divorce is final. If you are in the middle of divorce when you file ROC based on divorce (which you should do if you get to the 90 day window and the divorce is not final), they will give you an RFE of around 3 months for the final divorce order, but that might not be enough time for the divorce to finish. If that is not enough time, you will have to be put into removal proceedings, where the immigration judge will wait for your divorce to finish and let you file ROC with him, but it will still be a hassle and not a situation you would rather be in.

Moving does not affect your permanent resident status. Divorce also does not affect your permanent resident status, but you should file ROC ASAP after divorce is final.

[JFH 12,190]

*~*~* moving from "CR-1 spouse visa process and procedures" to "effects of major family changes" where other similar topics are discussed*~*~*

[GMPeace 0]

Which state you can file for divorce in is a question of divorce law which this site is probably not the best place to ask.

If you know for sure you are going to divorce soon, or your husband is not likely to be willing to jointly file ROC with you, then you should divorce ASAP and file ROC based on divorce when the divorce is final or when you are in the 90 day period before your 2 years. The reason why you should try to divorce early if you are going to file ROC based on divorce is that divorce in some states can take many months, and ROC can only be approved when your divorce is final. If you are in the middle of divorce when you file ROC based on divorce (which you should do if you get to the 90 day window and the divorce is not final), they will give you an RFE of around 3 months for the final divorce order, but that might not be enough time for the divorce to finish. If that is not enough time, you will have to be put into removal proceedings, where the immigration judge will wait for your divorce to finish and let you file ROC with him, but it will still be a hassle and not a situation you would rather be in.

Moving does not affect your permanent resident status. Divorce also does not affect your permanent resident status, but you should file ROC ASAP after divorce is final.

Thanks for your reply.

The problem is that I won't be divorced by the time I need to file my ROC because we can't file for divorce before 1 year from now (In SC you need to be separated for 1 year before being able to file for divorce).

So what I wonder is, if we are separated and haven't started the divorce procedure when I file my ROC...

- Do I still need to file with him ? while explaining the situation to the USCIS ?

[newacct 688]

Well, first of all, would he be willing to file jointly with you if you're separated? If not, then you can only file by yourself.

[GMPeace 0]

Well, first of all, would he be willing to file jointly with you if you're separated? If not, then you can only file by yourself.

That's a good question. At the moment he's looking for an apartment to move out and I even want to move to a different state.

Right now he says he would sign the form but if we're both walking our separate ways, so there's no guarantee on that.