Divorce after 10 year GC

[americaninlove 381]

Hello,

If we get divorced right after my husband gets his 10 year GC (currently in year two of his 2 year conditional GC), can he stay in the country indefinitely?

 

Thanks. Quite a year

[Crazy Cat 41,857]

Generally, yes.

[Ayrton 965]

30 minutes ago, americaninlove said:

Hello,

If we get divorced right after my husband gets his 10 year GC (currently in year two of his 2 year conditional GC), can he stay in the country indefinitely?

 

Thanks. Quite a year

He can stay no matter what. He can remove conditions with a divorce waiver and get the 10 years green card.

[Ed&Midori1031 330]

Why divorce after the green card, and not just before, since it seems like that's the option you both are seeking?

Edited December 29, 2020 by Ed&Midori1031
Type o

[Boiler 45,516]

Going to be tricky removing conditions if you in the divorce process without a divorce waiver.

[americaninlove 381]

What is a divorce waiver?

 

41 minutes ago, Boiler said:

Going to be tricky removing conditions if you in the divorce process without a divorce waiver.

 

[Crazy Cat 41,857]

1 minute ago, americaninlove said:

What is a divorce waiver?

 

 

Look at a Form I-751.  There are options other than joint filing.

 

[americaninlove 381]

22 minutes ago, Lucky Cat said:

Look at a Form I-751.  There are options other than joint filing.

 

oh thank you. I wasn’t aware of this. So you can still file for the ten year GC if you’ve gotten divorced during the two years? Is it better to wait until after the ten year application is in to file for divorce or to go this route? It makes no difference to me either way. 

[Boiler 45,516]

One of the benefits is you can remove conditions as soon as you are divorced.

[americaninlove 381]

48 minutes ago, Boiler said:

One of the benefits is you can remove conditions as soon as you are divorced.

Oh really? So you don’t even need to wait until the two year Mark?

[Boiler 45,516]

Yes

[Ayrton 965]

9 hours ago, americaninlove said:

oh thank you. I wasn’t aware of this. So you can still file for the ten year GC if you’ve gotten divorced during the two years? Is it better to wait until after the ten year application is in to file for divorce or to go this route? It makes no difference to me either way. 

If you only apply for the divorce after, you will be "lying" to the officer at the ROC Interview, if you get one. He will have to file as married and prove that the marriage is still good. And you both will have to show up to the interview and say the same. 

 

If you're getting divorced, do it now, and he can deal with ROC with the divorce waiver by himself.

[Orangesapples 1,954]

3 hours ago, Ayrton said:

If you only apply for the divorce after, you will be "lying" to the officer at the ROC Interview, if you get one. He will have to file as married and prove that the marriage is still good. 

Technically, they don't need to show that the marriage is good, just that it's real. Which it wouldn't be if they think of themselves as practically divorced of course. But USCIS is not concerned with marital happiness. 

[Chancy 6,241]

1 hour ago, Orangesapples said:

USCIS is not concerned with marital happiness.

 

Understatement of the year?

 

[fromthewater 11]

I would suggest OP to consult with an attorney.

 

Sounds like you don't want your divorce to affect your husband's eligibility to stay in the US.

 

- People stay married and Remove Condition together - Joint Filing.

- People also get divorced and Remove Condition alone - Divorce Waiver.

 

Generally speaking, if the marriage was true and real, entered in good faith and not to trick the immigration system for benefits, you should have nothing to worry about.

Of course, in practice, that's easier said than done.

 

You will have to consider - do you guys have enough evidence to prove that you intended to spend the rest your lives together? Evidence including but not limited to - joint bank/credit accounts, bills, lease, insurance plans, ownership of cars or car insurance, loans, mortgages, wills, being each other's beneficiary on life insurance, photos of you two with family/friends, able to get family or friends to write and affidavit letter attesting your relationship and marriage was real, and many other mails or drivers license showing the same address that you have lived together etc.

 

You need the above regardless of filing together or separately. However, the amount and quality of evidence would seriously impact the likelihood of one getting approved under divorce waiver. Vice versa, if you don't have good evidence, even if you try to stay married and make it, there's also a chance that you just can't hide the fact that your marriage is falling apart.

On the other hand, even if you chose to stay together until 10-yr GC is granted, are you guys able to endure staying together for that long?

 

Remember, if you chose to stay together and file jointly, you have to stay together until the I-751 Removal of Condition is approved. Currently, it takes 18~24 months for RoC to be adjudicated depending on your service center/local office. So are you able to stay together until 2 years after the 2-year GC expires?

The other issue is if you stay together for the benefits of getting a 10-year green card, that could be considered as fraud.

 

There are a lot to think about. And asking on the forum to get few pieces of advice isn't going to cut it! Professionals will be able to assess your situation and the things you have to provide you the best legal advice. They will know how USCIS handles/looks at certain things.

Edited January 4, 2021 by fromthewater