Divorce on conditional residency

[Swedesinamerica 4]

I am in a situation where an honest marriage and love has turned sour... we are discussing the possibility of divorce. Hopefully it wont come to that but with us having a daughter together, I am concerned. If we divorce prior to being a permanent resident, will I be able to stay in the country? I am worried I will lose my daughter 

[Dutchster 1,107]

I'm sorry you have to go through this. But unfortunately you will not be eligible for permanent residency through marriage if you divorce during the process. 

[caliliving 606]

28 minutes ago, Swedesinamerica said:

I am in a situation where an honest marriage and love has turned sour... we are discussing the possibility of divorce. Hopefully it wont come to that but with us having a daughter together, I am concerned. If we divorce prior to being a permanent resident, will I be able to stay in the country? I am worried I will lose my daughter 

have you applied for AOS??? you need to do the AOS first.. if you have your conditional greencard then you are fine.. apply for the ROC - removal of conditions and sweden being a low fraud country you will get your permanant greencard.  

 

if you dont have your conditional greencard then you are SOL.  

[Dutchster 1,107]

26 minutes ago, caliliving said:

have you applied for AOS??? you need to do the AOS first.. if you have your conditional greencard then you are fine.. apply for the ROC - removal of conditions and sweden being a low fraud country you will get your permanant greencard.  

 

if you dont have your conditional greencard then you are SOL.  

Staying in a disfunctional marriage or one where both decided to divorce but holding it off until the conditional greencard is received is considered fraud. 

[caliliving 606]

13 minutes ago, Dutchster said:

Staying in a disfunctional marriage or one where both decided to divorce but holding it off until the conditional greencard is received is considered fraud. 

we dont know if he has/doesnt have a conditional greencard.. he asked what happens before the permanant and i gave him advice... i never said to stay in a disfunctional marraige to apply for a GC, did i? 

 

[Dutchster 1,107]

Just now, caliliving said:

we dont know if he has/doesnt have a conditional greencard.. he asked what happens before the permanant and i gave him advice... i never said to stay in a disfunctional marraige to apply for a GC, did i? 

 

Read OP's question again;

"I am concerned. If we divorce prior to being a permanent resident, will I be able to stay in the country?"

 

[Swedesinamerica 4]

26 minutes ago, Dutchster said:

Staying in a disfunctional marriage or one where both decided to divorce but holding it off until the conditional greencard is received is considered fraud. 

That is not a plan, never was. I am trying to find out what the law states and then abide by it. No need to be throwing around the word fraud. No one is a fraud here. 

[Swedesinamerica 4]

12 minutes ago, caliliving said:

we dont know if he has/doesnt have a conditional greencard.. he asked what happens before the permanant and i gave him advice... i never said to stay in a disfunctional marraige to apply for a GC, did i? 

 

Nope you sure did not, I appreciate you reply, you understood what the question was. Not looking for a way to stay in a country just because, I am simply looking my worst case scenario looks like in case I can't keep this love boat afloat. Being prepared for all situations seems reasonable when you move across the world to be with someone you are truly in love with, especially when your legal status are relying on that person. I already have a conditional green card. 

[caliliving 606]

7 minutes ago, Swedesinamerica said:

Nope you sure did not, I appreciate you reply, you understood what the question was. Not looking for a way to stay in a country just because, I am simply looking my worst case scenario looks like in case I can't keep this love boat afloat. Being prepared for all situations seems reasonable when you move across the world to be with someone you are truly in love with, especially when your legal status are relying on that person. I already have a conditional green card. 

EXACTLY! i figured you had the conditional - i sent you a PM!

you can divorce and ROC and as a swed you will be fine!  super low fraud country.

[Dutchster 1,107]

OP mentioned divorce prior being a permanent resident. That made it sound like OP's divorce might take place before he receives his conditional green card. Receiving your conditional green card makes you a permanent resident so there is the confusing part - in my eyes. That's also why I mentioned fraud but there is no fraud when you have your GC and it is not working out after all. Divorce, file removing of conditions with a divorce waiver and move on in the US with still being in contact with your daughter. Good luck

Edited March 14, 2017 by Dutchster

[JFH 12,190]

*~*~*moved from AOS discussion to "Effects of Major Changes" where similar questions are asked *~*~*