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Caah4vieira

Divorce during temporary Green Card marry

By Caah4vieira in Removing Conditions on Residency General Discussion

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Caah4vieira Newbie

Caah4vieira   0

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted (edited)

Hello,

I got married with an American citizen in December 2015, apply (march 2016) and receive (August 2016) my temporary green card.

we got separated in November of 2017 and just sign the divorce in March 2018.

My temporary green card will expire in 4 months and I am not sure how should I apply for the permanent green card. Should I apply being divorce, even though the divorce will only be valid after 6 months we sign or If I marry my boyfriend, how should I proceed?

 

thank you

Edited by Caah4vieira
Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Read through this link--- halfway down it covers how to remove the conditions on your GC when divorced.

 

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

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Caah4vieira Newbie

Caah4vieira   0

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
  • Author
Posted
4 minutes ago, Going through said:

Read through this link--- halfway down it covers how to remove the conditions on your GC when divorced.

 

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

Thank you! I’m just not sure how easy it will be to get my conditions removed from my process.

would it be possible, maybe easier, if I married my boyfriend and star a new process?

 

 

Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted
7 minutes ago, Caah4vieira said:

Thank you! I’m just not sure how easy it will be to get my conditions removed from my process.

would it be possible, maybe easier, if I married my boyfriend and star a new process?

 

 

You cannot start a new process. Unless you go back to your country, officially abandon your green card and then have your boyfriend file for your new green card /k1 visa. But that doesn't make sense now does it? 

 

Just file for roc with divorce waiver. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
17 minutes ago, Caah4vieira said:

Thank you! I’m just not sure how easy it will be to get my conditions removed from my process.

would it be possible, maybe easier, if I married my boyfriend and star a new process?

 

 

You're not the first one to file their ROC while divorced, and you won't be the last.

It's easier if you do the divorce waiver, actually.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Boiler Grand Master

Boiler   46,125

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Well you could file to adjust again but filing a divorce waiver makes much more sense.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I would just add that abandoning your LPR status then immediately adjusting with a new petitioner is going to look really fishy. Just do the divorce waiver...it's simpler (and cheaper) all around.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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