Applied for 10 year renewal last November, about to get divorce

[BrianK 1]

First off this is for a friend of mine, not myself (I got citizenship a few months ago so my GC days are over).

 

In about 2015 she moved to the US on a fiancee visa, married, change status to 2 year GC, and then this past November (2017) filed for renewal/10 year GC. Her current GC ran out in December.

 

Herself and partner have decided to divorce, and her partner doesn't want to wait until the GC comes back, they want to start proceedings immediately.

 

My friend hasn't heard back about her GC being processed yet, so assume for right now that it's still waiting to be processed.

 

What does she need to do as far as notifying USCIS about the impending divorce? Is that generally grounds to have her renewal refused? Should she get an immigration lawyer, will it help or would it be a long shot/potential waste of money?

 

Basically she just wants to know how likely it is she can stay in the country, and what she needs to do to make that happen. 

[Mollie09 1,543]

20 minutes ago, BrianK said:

First off this is for a friend of mine, not myself (I got citizenship a few months ago so my GC days are over).

 

In about 2015 she moved to the US on a fiancee visa, married, change status to 2 year GC, and then this past November (2017) filed for renewal/10 year GC. Her current GC ran out in December.

 

Herself and partner have decided to divorce, and her partner doesn't want to wait until the GC comes back, they want to start proceedings immediately.

 

My friend hasn't heard back about her GC being processed yet, so assume for right now that it's still waiting to be processed.

 

What does she need to do as far as notifying USCIS about the impending divorce? Is that generally grounds to have her renewal refused? Should she get an immigration lawyer, will it help or would it be a long shot/potential waste of money?

 

Basically she just wants to know how likely it is she can stay in the country, and what she needs to do to make that happen. 

 

I've heard people talking about notifying USCIS, so maybe sending them a letter?

It is not grounds for her renewal to be refused, only not entering the marriage in good faith would be. If she submitted enough evidence that the marriage was not entered into for immigration benefits, there's nothing to worry about and no lawyer needed. Nothing a lawyer can really do at this point.

I obtained my 10 year GC with a divorce waiver but filed after the divorce was final

[BrianK 1]

15 minutes ago, Mollie09 said:

It is not grounds for her renewal to be refused, only not entering the marriage in good faith would be. 

Ok that's interesting. She is still technically on a conditional green card, the condition being that she's married to the USC. Various things I've read say that until you're on a permanent green card, you could lose your status when you get divorced.

 

https://divorceandyourmoney.com/blogs/divorce-after-permanent-green-card/

 

Quote

If the divorce is finalized before a permanent green card is issued, there is a possibility that ending your marriage could remove the “conditions” of your green card, which would result in deportation. 

 

When you filed for your 10, was that from conditional? Did you have any issues?

Edited September 7, 2018 by BrianK

[BrianK 1]

Just wanted to add, because I can't edit, they got married May 2015, so at this point have been married for three years. They separated approx six weeks ago, so made it the full three years. I've read a few things that mention you need to be married for two years to remove conditions, not sure if the extra detail matters.

Edited September 7, 2018 by BrianK

[Mollie09 1,543]

29 minutes ago, BrianK said:

Ok that's interesting. She is still technically on a conditional green card, the condition being that she's married to the USC. Various things I've read say that until you're on a permanent green card, you could lose your status when you get divorced.

 

https://divorceandyourmoney.com/blogs/divorce-after-permanent-green-card/

 

 

When you filed for your 10, was that from conditional? Did you have any issues?

 

That source is very wrong.

I had no issues and no interview.