Summary Dissolution vs Regular Divorce - Conditional Permanent Resident

[Luke O 0]

Hello,

 

Brand new to the forum. I've multiple questions, I hope that's okay.

 

Facts

- Received Green Card through marriage in late August 2018 (2 year conditional)

- Broke up and moved apart in May 2019 (mutual but amicable). Evidence of bonafide marriage up until then.

-Live in the state of California.

-Filing for divorce this week (Jan 2020).

- 2 year anniversary of receiving GC will be late August 2020. 

 

Questions

1) If we file for summary dissolution (we qualify) instead of regular divorce, do I jeopardize my chances of staying in the US and being allowed to remove the conditions of my green card?

 

2) When should I file i-751? Now? Or is it best to wait until I receive my divorce decree? (I estimate I will receive decree in June 2020).

 

 

Thanks very much!

 

Luke

 

 

 

 

 

[Boiler 46,311]

It is a divorce and yes you can file early once you are divorced.

[Luke O 0]

7 hours ago, Boiler said:

It is a divorce and yes you can file early once you are divorced.

Hi Boiler, thanks for your reply. Yes the summary dissolution is divorce, however my question is that does this type of divorce jeopardize my chances of staying in the US and being allowed to remove the conditions of my green card?

 

Also should I file my I-751 as soon as the divorce proceedings are initiated? Or should I wait to file I-751 and waiver when I receive the divorce decree at a later date?

 

Thank you,

 

Luke

[payxibka 10,047]

15 minutes ago, Luke O said:

Hi Boiler, thanks for your reply. Yes the summary dissolution is divorce, however my question is that does this type of divorce jeopardize my chances of staying in the US and being allowed to remove the conditions of my green card?

 

Also should I file my I-751 as soon as the divorce proceedings are initiated? Or should I wait to file I-751 and waiver when I receive the divorce decree at a later date?

 

Thank you,

 

Luke

Slow down,  read carefully,  you have already been given the answers

[Luke O 0]

1 hour ago, payxibka said:

Slow down,  read carefully,  you have already been given the answers

Hi Payxibka, 

 

Thank you, but I am not in a rush. I appreciate Boiler's reply but they did not address whether or not the summary dissolution could jeopardize my chance of staying in the US. See link to info on Summary Dissolution (FL-810) https://www.courts.ca.gov/documents/fl810.pdf

 

See screenshot from the above linked info page:

 

Perhaps a regular divorce can also lead to deportation but I am not certain if a Summary Dissolution is more damaging to my chances of staying in the US, and I am fully within my right to ask, after all this is a forum for people to seek help and ask questions.

 

I also do not understand why it is best to wait fore my divorce decree to submit my I-751, perhaps there is a reason I cannot foresee for me to file it now with the promise to submit the divorce decree at a later date. The reason I am asking questions is because I wish to understand the reason why I should do things in a certain way.

 

"He who asks a question is a fool for five minutes; he who does not ask a question remains a fool forever."

 

Thank you,

 

Luke

 

 

 

 

 

[Boiler 46,311]

Were you an undocumented person?

[Luke O 0]

4 minutes ago, Boiler said:

Were you an undocumented person?

Hi Boiler,

 

I came over on an ESTA in late 2017, then decided to stay and marry in January 2018 (met my ex 2 years prior in Europe). 

 

Thanks,

 

Luke

[Boiler 46,311]

So no.

[Mollie09 1,543]

12 hours ago, Luke O said:

 

Questions

1) If we file for summary dissolution (we qualify) instead of regular divorce, do I jeopardize my chances of staying in the US and being allowed to remove the conditions of my green card?

 

2) When should I file i-751? Now? Or is it best to wait until I receive my divorce decree? (I estimate I will receive decree in June 2020).

 

1) the issue seems to be that to qualify for the dissolution you can't have a lot of the things that show financial commingling which are necessary for proving a bonafide marriage. If you feel you have the right evidence, the way in which you dissolve the marriage doesn't really matter.

 

2) when you get your final divorce decree.

[Crazy Cat 42,620]

59 minutes ago, Luke O said:

I also do not understand why it is best to wait fore my divorce decree to submit my I-751,

To my knowledge, the only reason for waiting to file after you get a final divorce decree is that it avoids the RFE which you will certainly get if you file before a divorce is final.  That, it seems to me, would delay the adjudication. Anyway, you will need roof the marriage was entered in good faith.

[Luke O 0]

45 minutes ago, Mollie09 said:

1) the issue seems to be that to qualify for the dissolution you can't have a lot of the things that show financial commingling which are necessary for proving a bonafide marriage. If you feel you have the right evidence, the way in which you dissolve the marriage doesn't really matter.

 

2) when you get your final divorce decree.

Hi Mollie09,

 

Thank you, I really appreciate the clarification. I've confidence in the summary dissolution now.  I think I should have sufficient evidence. We rented an apartment together, we have bills, have tons of photos, communications, evidence of time spent with each others families, bills, papers for the pets we owned together etc. If we had owned any major assets like a home or had kids together then the summary dissolution wouldn't be a viable option.

 

Luke

 

 

[xillini 71]

16 hours ago, Luke O said:

Questions

1) If we file for summary dissolution (we qualify) instead of regular divorce, do I jeopardize my chances of staying in the US and being allowed to remove the conditions of my green card?

 

2) When should I file i-751? Now? Or is it best to wait until I receive my divorce decree? (I estimate I will receive decree in June 2020).

 

1) Summary dissolution is a type of hassle free divorce for those who don't have grudge feelings to re-start a life, which has nothing to do with USCIS's I 751 process. Although this could mean that the I 751 applicant may or may not have sufficient evidence, just summary dissolution itself shouldn't impact I 751 process provided that you submit enough evidence to establish your immigration benefits. (but who knows what in new era in Trump administration? All he does is to create uncertainty in every aspect in the world, especially when it comes to immigration).

 

You would need to consult with experienced immigration lawyers who is specialized in I 751 divorce waivers. I am not living in California, but it seems like this summary of dissolution is unique in CA state laws, and therefore, you are not the 1st person who is going to file I 751 with this summary dissolution, and certainly, you won't be the last person applying I 751 with this, should you be recommended to do so, meaning that there will be experienced immigration lawyers who have similar cases like yours. 

It is also good outreach from you to do your own homework before you talk with immigration lawyers so that you can weed out some immigration lawyers who advertise to specialize in family immigrations, but are not familiar or have zero experiences in I 751 divorce waivers, however. Please do your research so that not only you will avoid unreasonable charges, but also, most importantly, protect and seek your immigration benefits. 

 

2) In your case, I would think it is best to submit upon your divorce finalization. You will have to use "good faith marriage" in divorce waiver for your I 751, where the chance is already high enough that you will receive RFE or in-person interview. It is playing the game in immigration system, but since it is already happening that you are filing for divorce, I would submit it ASAP when divorce is granted by a judge with expectation that you will have in person interview with significant delay for I 751, but this can be also dependent on how much evidences you can submit for bona fide marriage, and definitely, one can also be discussed with experienced immigration lawyers. 

 

Many divorce waivers are approved without any interviews, but generally, they have longer time to get approved if that is something that you are concerned about. The choice is up to you as this is also part of your life choice. Best luck! 

[Luke O 0]

On 12/31/2019 at 1:11 PM, xillini said:

1) Summary dissolution is a type of hassle free divorce for those who don't have grudge feelings to re-start a life, which has nothing to do with USCIS's I 751 process. Although this could mean that the I 751 applicant may or may not have sufficient evidence, just summary dissolution itself shouldn't impact I 751 process provided that you submit enough evidence to establish your immigration benefits. (but who knows what in new era in Trump administration? All he does is to create uncertainty in every aspect in the world, especially when it comes to immigration).

 

You would need to consult with experienced immigration lawyers who is specialized in I 751 divorce waivers. I am not living in California, but it seems like this summary of dissolution is unique in CA state laws, and therefore, you are not the 1st person who is going to file I 751 with this summary dissolution, and certainly, you won't be the last person applying I 751 with this, should you be recommended to do so, meaning that there will be experienced immigration lawyers who have similar cases like yours. 

It is also good outreach from you to do your own homework before you talk with immigration lawyers so that you can weed out some immigration lawyers who advertise to specialize in family immigrations, but are not familiar or have zero experiences in I 751 divorce waivers, however. Please do your research so that not only you will avoid unreasonable charges, but also, most importantly, protect and seek your immigration benefits. 

 

2) In your case, I would think it is best to submit upon your divorce finalization. You will have to use "good faith marriage" in divorce waiver for your I 751, where the chance is already high enough that you will receive RFE or in-person interview. It is playing the game in immigration system, but since it is already happening that you are filing for divorce, I would submit it ASAP when divorce is granted by a judge with expectation that you will have in person interview with significant delay for I 751, but this can be also dependent on how much evidences you can submit for bona fide marriage, and definitely, one can also be discussed with experienced immigration lawyers. 

 

Many divorce waivers are approved without any interviews, but generally, they have longer time to get approved if that is something that you are concerned about. The choice is up to you as this is also part of your life choice. Best luck! 

Hi Xillini,

 

Fantastic response, thank you very much for providing the reasoning behind your answers. I'm much more confident in taking the recommended steps now. 

 

Happy new year!

 

Luke