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

[Timona 4,207]

I understand you don't want to remain in the US. But having come all this way, I would just keep the GC and remove condition myself and ultimately go to get citizenship. 

 

You're not gonna lose anything by keeping it. 

[Palala2018 28]

You can remove conditions if divorced. There is that option on the forms. Im not sure the types of evidence that would be required definitely the divorce decree though. It is called form I-751. If you go on the uscis website there you will find instructions and the actual form. I wish you the best of luck, and hope you find peace.

[Crazy Cat 41,888]

50 minutes ago, Palala2018 said:

You can remove conditions if divorced. There is that option on the forms. Im not sure the types of evidence that would be required definitely the divorce decree though. It is called form I-751. If you go on the uscis website there you will find instructions and the actual form. I wish you the best of luck, and hope you find peace.

That only applies if the OP wants to live in the US.

[Demise 1,289]

3 hours ago, Veotwo said:

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

If you want to stay in US you'll file I-751 as soon as the divorce is final seeking a waiver that you entered the marriage in good faith and it ended up in divorce. You'll include any and all evidence that the marriage was legit while it lasted.

 

If you do not want to stay in US then there's nothing you have to do aside go back to Canada and if you want to travel as a tourist within your conditional period you should file I-407 and turn in your green card once you're out of the country.

[Verrou 1,962]

If you already make up your mind, the choice will be : 

1. stay in US and doing ROC by urself after divorce 

2. move out from US, no need to do anything beside I-407, it automatically will be consider as abandon after a year 

 

good luck ! 

Edited May 2, 2021 by Misscloud

[Ryan H 3,812]

Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[Scandi 4,166]

10 hours ago, Timona said:

 

Nothing of this sort.

 

Conditional GC = 2 years 

Permanent GC = 10 years

 

Which one do you have?

You're still a permanent resident even with the conditional greencard.

 

No such thing as a permanent greencard though, they all have expiry dates (unless it's a very, very old greencard, they didn't have expiry dates).

[Mike E 11,739]

21 hours ago, Veotwo said:

Or will they be notified once the divorce papers are signed by a Judge? Are there any forms I need to send in? 

As the USA is a federation, your divorce is a state matter and the state won’t be notifying the federal government.  
 

Since you are in Canada, the next time you go to the USA, get to airport an hour early and inform the CBP officer in Canada that you are a lawful permanent resident who wishes to relinquish your status.  
 

CBP will  give you an I-407 to sign, take your green card, and that will be it.  Easy peasy.  You will then be admitted as a Canadian citizen under the normal exempt-from-visa visitor status.  

Edited May 3, 2021 by Mike E

[Romeo126 2]

21 hours ago, Veotwo said:

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

Thought you have a lot of people giving you wrong information… If you can proof “BONAFIDE MARRIAGE” you don’t need to give up on your 10 years green card  because you can file the 751 to remove conditions of your 2 years green card as “divorced” and they can grand to you 10 years green card. I see a lot of comments telling you to surrender your green card but you don’t have to do it if you want too, only show proof of Bonafide and apply on your own.  They know sometimes relationships don’t work and if you apply for 10 years green card will not affect you in the future. 

Edited May 3, 2021 by Romeo126

[Crazy Cat 41,888]

1 minute ago, Romeo126 said:

Thought you have a lot of people giving you wrong information… If you can proof “BONAFIDE MARRIAGE” you don’t need to give up on your 10 years green card  because you can file the 751 to remove conditions of your 2 years green card as “divorced” and they can grand to you 10 years green card. I see a lot of comments telling you to surrender your green card but you don’t have to do it if you want, only show proof of Bonafide and apply on your own. 

Perhaps you missed this part of the OP's comments:  "I dont think I want to live in the USA, if not with my husband."  Of course, the OP can file an I-751 with a divorce waiver, if desiring to stay in the US.  

[Nitas_man 3,100]

On 5/2/2021 at 12:32 PM, Timona said:

 

Nothing of this sort.

 

Conditional GC = 2 years 

Permanent GC = 10 years

 

Which one do you have?

Incorrect and unnecessary

 

OP is a Legal Permanent Resident regardless of expiration date