Divorce before Permanent Green Card

[Singerbrook 2]

Thank you in advance for reading.

 

My wife and I got married 2 years ago, after being together for almost 4 years, and unfortunately, things have not worked out for us. The separation is mutual as none of us have done any harm to the other, but we realized that we have overall very different life goals/pursuits. 

 

I adjusted my status from student to permanent resident through our marriage, which obviously is bona fide. My conditional green card will expire next year, and I have read online that it was sometimes possible to remove the conditional status of the residency if the marriage is proven to be bona fide from the start. Does anyone know how to best prepare for that, or has some experience first-hand? I would really appreciate it any thoughts! 

 

Again, thank you for reading!

[Khallaf 650]

11 minutes ago, morganjulien said:

Thank you in advance for reading.

 

My wife and I got married 2 years ago, after being together for almost 4 years, and unfortunately, things have not worked out for us. The separation is mutual as none of us have done any harm to the other, but we realized that we have overall very different life goals/pursuits. 

 

I adjusted my status from student to permanent resident through our marriage, which obviously is bona fide. My conditional green card will expire next year, and I have read online that it was sometimes possible to remove the conditional status of the residency if the marriage is proven to be bona fide from the start. Does anyone know how to best prepare for that, or has some experience first-hand? I would really appreciate it any thoughts! 

 

Again, thank you for reading!

if you go online you can do a removal of conditions with a divorce waiver.

 

there are a couple of places to read about it

 

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

[Singerbrook 2]

5 minutes ago, Khallaf said:

if you go online you can do a removal of conditions with a divorce waiver.

 

there are a couple of places to read about it

Thank you for writing! On the website it says that I would need to prove that removal from US would cause my extreme hardship, how would one go about that?

[Khallaf 650]

8 minutes ago, morganjulien said:

Thank you for writing! On the website it says that I would need to prove that removal from US would cause my extreme hardship, how would one go about that?

that doesn't go with the divorce waiver..

 

http://www.nwirp.org/wp-content/uploads/2015/06/CommunityInfo_SSP_FillingAnI-751Waiver.pdf

 

That they entered into the marriage in good faith, but that the marriage was terminated in divorce; and/or

 

must show proof that you entered into marriage in good faith but ended in divorce...not just for hardship cases..

 

 

[Khallaf 650]

13 minutes ago, morganjulien said:

Thank you for writing! On the website it says that I would need to prove that removal from US would cause my extreme hardship, how would one go about that?

just fill out the I-751 as you would normally do, if you have your finally divorce decree must provide that, if you can have your ex wife provide a letter that it was mutual and that it was entered in on good faith, that it simply did not work out in the end.

provide documents of your time together, mortgage, bank statements, utilities, 40K life insurance, pictures.

[Singerbrook 2]

1 minute ago, Khallaf said:

just fill out the I-751 as you would normally do, if you have your finally divorce decree must provide that, if you can have your ex wife provide a letter that it was mutual and that it was entered in on good faith, that it simply did not work out in the end.

provide documents of your time together, mortgage, bank statements, utilities, 40K life insurance, pictures.

That's very helpful, thank you so much for taking the time. Is this a pretty common practice? Is USCIS understanding of such events?

[Khallaf 650]

1 minute ago, morganjulien said:

That's very helpful, thank you so much for taking the time. Is this a pretty common practice? Is USCIS understanding of such events?

they understand that marriages do not always work. as long as you and your former spouse still communicate and are open and your former spouse is willing to complete an affidavit with you, and you can provide all documents to show it was entered in good faith such as joint accounts together at that time, pictures if any. 

 

to be frank, it would be good to collect them now and don't wait, as long as you are still on good terms, NOW get it while you can. People often change face, I am not saying your spouse would do that as I don't know them personally. 

 

but based on experience you never know what will set someone off to go off the deep end. 

 

I always say CYA--"cover your A**"

[Singerbrook 2]

2 minutes ago, Khallaf said:

they understand that marriages do not always work. as long as you and your former spouse still communicate and are open and your former spouse is willing to complete an affidavit with you, and you can provide all documents to show it was entered in good faith such as joint accounts together at that time, pictures if any. 

 

to be frank, it would be good to collect them now and don't wait, as long as you are still on good terms, NOW get it while you can. People often change face, I am not saying your spouse would do that as I don't know them personally. 

 

but based on experience you never know what will set someone off to go off the deep end. 

 

I always say CYA--"cover your A**"

You are right, that's probably the best thing to do. We are on good terms so we'll work on this together. Thank you so much again, this is a big relief for me. We have plenty of proof that our marriage was real so it should be pretty clear. 

[Boiler 45,516]

7 minutes ago, morganjulien said:

That's very helpful, thank you so much for taking the time. Is this a pretty common practice? Is USCIS understanding of such events?

Very common

[Singerbrook 2]

8 minutes ago, Boiler said:

Very common

Wow, I didn't realize that! Thank you very much, it's a big relief.