Divorcing on conditional Green Card, after K1 Visa. Please help.

[Veotwo 1]

Hello,
I have a quick question

I moved to the USA from Canada on K1 Visa.

However.. in the end my husband and I just didnt work out... I guess..

Anyway; my question:

Do I need to tell the USCIS we are divorcing? Or will they be notified once the divorce papers are signed by a Judge? Are there any forms I need to send in? 
I dont want to have a bad rap with the USA as I have a lot of friends there I would love to visit again in the future.

I apologize if this info is readily available, I am just distraught and heartbroken. I did go back to Canada to visit family to see if we needed time apart and re-evaluate things. So the divorce isnt 100 percent yet but I would like to know incase it is..

Thank you

[aaron2020 11,651]

Did you file to adjust status?  Do you have a 2 years conditional green card?  Do you want to live in the US?

 

The court will not notify USCIS that you got divorced.  Not their job.  

[Veotwo 1]

3 minutes ago, aaron2020 said:

Did you file to adjust status?  Do you have a 2 years conditional green card?  Do you want to live in the US?

 

The court will not notify USCIS that you got divorced.  Not their job.  

yes, I have my conditional (2 year) green card where my status was adjusted to permanent resident.
I dont think I want to live in the USA, if not with my husband.

[Timona 4,207]

5 minutes ago, Veotwo said:

yes, I have my conditional (2 year) green card where my status was adjusted to permanent resident.
I dont think I want to live in the USA, if not with my husband.

 

Nothing of this sort.

 

Conditional GC = 2 years 

Permanent GC = 10 years

 

Which one do you have?

[Veotwo 1]

Just now, Timona said:

 

Nothing of this sort.

 

Conditional GC = 2 years 

Permanent GC = 10 years

 

Which one do you have?

Conditional 2 years

[Crazy Cat 41,888]

3 minutes ago, Veotwo said:

Conditional 2 years

You can voluntarily surrender your green card, or you can just wait and your status as a legal resident will eventually terminate when you fail to submit an I-751 for removal of conditions at the end of 2 years.

[Veotwo 1]

3 minutes ago, Lucky Cat said:

You can voluntarily surrender your green card, or you can just wait and your status as a legal resident will eventually terminate when you fail to submit an I-751 for removal of conditions at the end of 2 years.

Okay, thank you. I appreciate your response. There are no forms I have to send in?

What if my husband and I work it out, would we have to start the visa process all over again but for spouse instead of fiance? Would they even give me another chance at a green card?

I apologise for my many questions. 

Edited May 2, 2021 by Veotwo
Spelling error

[Crazy Cat 41,888]

1 minute ago, Veotwo said:

Okay, thank you. I appreciate.yoir response. There are no forms I have to send in?

What if my husband and I work it out, would we have to start the visa process all over again but for spouse instead of fiance? Would they even give me another chance at a green card?

I apologise for my many questions. 

I-407 is the form you send to surrender your Green Card.    If you surrender the green card, then you would have to start the spousal visa process to receive another one.   At this stage, I would take no action until the divorce was final or you reconcile.

 

[aaron2020 11,651]

You're going to have to really think this through.

If you use Form I-407 to give up your green card, you will have to start over if you want to get another one.  It takes about 12-24 months for a USC to petition for a spouse.

 

If I was you, I would wait before doing anything.  When your 2 years card is about to expire, you can file to remove conditions if you want to live in the US.  If you don't want to live in the US, then let it expire.

Nothing to apologize about.  This must be a stressful time for you.  It's better to educate yourself rather than not ask questions.  

Edited May 2, 2021 by aaron2020

[Veotwo 1]

Just now, Lucky Cat said:

I-407 is the form you send to surrender your Green Card.    If you surrender the green card, then you would have to start the spousal visa process to receive another one.   At this stage, I would take no action until the divorce was final or you reconcile.

 

But otherwise I don't need to send in the form and it will just terminate? 

 

I am not in the USA right now.. how long am I able to stay out of the USA, do you know? I am sorry for my questions but thank you so much for answering me.

[Crazy Cat 41,888]

3 minutes ago, Veotwo said:

But otherwise I don't need to send in the form and it will just terminate? 

 

I am not in the USA right now.. how long am I able to stay out of the USA, do you know? I am sorry for my questions but thank you so much for answering me.

Green Card holders can stay outside the US for up to a year.....but only an immigration judge can actually remove your status as a legal resident.

Edited May 2, 2021 by Lucky Cat

[Veotwo 1]

1 minute ago, aaron2020 said:

You're going to have to really think this through.

If you use Form I-407 to give up your green card, you will have to start over if you want to get another one.  It takes about 12-24 months for a USC to petition for a spouse.

 

If I was you, I would wait to do anything.  When your 2 years card is about to expire, you can file to remove conditions if you want to live in the US.  If you don't want to live in the US, then let it expire.

Nothing to apologize about.  This must be a stressful time for you.  It's better to educate yourself rather than not ask questions.  

Yes..  I am currently in much pain trying to figure this all out but I appreciate your response and everyone elses. I have no one to turn to for help or answers.

 

Thank you

 

[aaron2020 11,651]

Just now, Veotwo said:

But otherwise I don't need to send in the form and it will just terminate? 

 

I am not in the USA right now.. how long am I able to stay out of the USA, do you know? I am sorry for my questions but thank you so much for answering me.

If you stay outside the US for up to 6 months, you will not have a problem.

 

If you stay outside the US between 6-12 months, you might have a problem coming back.  There's a legal presumption that you've abandoned your LPR status and you can rebut that with evidence that you've maintain your US residency.

If you stay outside the US for more than 12 months, you are presumed to have abandoned your legal permanent residency.

That's the law.  What actually happens when you try to enter the US is another matter.  If CBP lets you in after having stayed out for more than a year, then you don't have a problem.  

The big issue is removing conditions on your green card.  To do that successfully, you need to show a co-mingled life with your US spouse.  Hard to do when you're living in separate countries.  

[Veotwo 1]

2 minutes ago, Lucky Cat said:

Green Card holders can stay outside the US for up to a year.....but only an immigration judge can actually remove your status as a legal resident.

A year? Okay. Thank you. I thought it was six months for some reason.. I appreciate you very much. Thank you.

 

[Veotwo 1]

1 minute ago, aaron2020 said:

If you stay outside the US for up to 6 months, you will not have a problem.

 

If you stay outside the US between 6-12 months, you might have a problem coming back.  There's a legal presumption that you've abandoned your LPR status and you can rebut that with evidence that you've maintain your US residency.

If you stay outside the US for more than 12 months, you are presumed to have abandoned your legal permanent residency.

That's the law.  What actually happens when you try to enter the US is another matter.  If CBP lets you in after having stayed out for more than a year, then you don't have a problem.  

The big issue is removing conditions on your green card.  To do that successfully, you need to show a co-mingled life with your US spouse.  Hard to do when you're living in separate countries.  

Okay. Thank you very very much. I will screenshot your response. I have much to think about.. thank you. You have been so helpful with your detailed response