Will I still be granted the permanent GC if I get divorced during ROC?

[TonyMichael 3]

I am the beneficiary and I have been married to a US citizen for 3+ years. I got my conditional green card more than 1 year after we got married.

 

My conditional green card will expire this October. 

 

We have been together for 7+ years and were a happily married couple, until I found out that my husband had cheated on me, multiple times. 

 

I wanted to divorce him, but he wouldn't agree. Also, coronavirus pandemic started, and I completely lost the chance to get the divorce paper. 

 

But I am not going to stay married with him because after all, he betrayed me and lost my trust. 

 

Since my conditional GC will expire this october, I need to do something about it soon. 

 

I dont think I can get him to sign the divorce paper by July, when I would have to submit I751 to remove the condition WITH HIM (If I was happily married to him). 

 

Is there an option to submit I751 together, and while it is pending, we take a divorce and I submit the divorce decree as soon as the divorce is finalized, and amend it to the ongoing application? 

 

I dont know what to do at this point and it's very stressful. 

 

What should happen if Uscis calls us in for an interview when the divorce is in process?

Would I get in trouble?? 

[frank19910210 65]

If I am not wrong, technically, it is not prohibited to file I-751 even if you get divorced.

 

However, as I-751 suppose to be ROC for married couple, you would have to produce a very detailed explanation why you are not able to maintain your marriage and thus have to file ROC individually without your husband. Of course, the decision of whether your can get 10-yr green card after the USCIS officer have analyzed your case as a whole. 

 

If he/she thinks that the marriage was bona-fide, but due to the aforementioned reason (Where you will have obviously explained in details in a letter) the marriage has to end unfortunately, your application will be granted. However, in that case, you would need to five until your 5th year in order to file N-400

 

 

[geowrian 22,337]

You can file the I-751 with the divorce waiver option checked. They will likely RFE for the divorce waiver later. Otherwise they would need it for the interview (and RFE after that if you still didn't have it).

If you don't have it by the time the RFE expires, you would need to refile. Unfortunately, they don't wait out until the divorce finalizes...RFE timelines are pretty strict (although they are extended right now due to COVID-19).

 

Technically you can file jointly now and change later since you are technical married...although this both 1) requires his cooperation and 2) they may to see bona fide marriage evidence during the period for which you are no longer in actual marital union. I generally would not suggest this route.

 

Edit: If you use the divorce waiver option, they won't communicate with him at all and he's not needed for the interview.

Edited May 11, 2020 by geowrian

[TonyMichael 3]

I'm actually aware that you can apply by yourself if your divorce has been finalized and you can prove that you are divorced. 

 

But the problem is, I live in california, where it takes at least 6months for a divorce to be finalized. Since I would have to submit i751 in 2 months ANYWAY, and I cannot have my divorce finalized within 2 months, I feel like there is no other option for me but to file I751 together and then take a divorce later while the application is pending. 

 

I'm just not sure if this is a good idea at all, because like I said, it will take at least 6 months in California for me to get a divorce decree, and I dont want USCIS to send me an RFE asking for a degree decree, which I cant just get it quickly after I turn in my divorce paper. 

So should I just keep it secret from Uscis about the fact that a divorce is planned or a divorce is in process?

 

I want to avoid refilling because it's not cheap, and I'll probably have to suffer half of my asset taken away and I'll have to pay my husband alimony (even though he is the cheater). 

I just want the most affordable way if that's possible. 

Edited May 11, 2020 by TonyMichael