Divorce under Conditional GC

[panda0506 23]

Going through a divorce right now but still under my conditional green card which is expiring Nov 2022. What steps should I be taking in terms of the GC? 

[HRQX 4,145]

1 hour ago, panda0506 said:

What steps should I be taking in terms of the GC? 

If you divorce then you'll be eligible for the divorce waiver. That waiver is commonly approved.

 

Once the divorce is finalized you can file Form I-751. I.e. you can submit that form despite not being in the normal 90-day filing window: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

[HarryWL 262]

Make sure you're gathering all your evidence now whilst you're still in the process of divorcing. Things you'll need will show financial commingling, car insurance, joint car financing, joint lease, joint utilities, joint insurance,  joint banks etc. It'll be harder to collect some of this information at a later date when you no longer have access, so make sure you're printing it all now and getting ready for the process. 

 

In terms of the process itself, it's pretty straight forward. I filed my removal of conditions with a waiver but I didn't have the divorce decree on hand (I was in the 90 day window, so I submitted it without the decree). I have the decree ready now, so when I receive the RFE I'll be able to send it. As you still have plenty of time, it's not a big concern for you. Once you have your decree and all your evidence gathered, you can start the process. Try focus on quality over quantity for the evidence you provide, and remember you can only provide what you have. You might have a reason you weren't on the same lease, mortgage, insurance etc. I submitted a cover letter with my package explaining some of the evidence I provided and the timeline of my relationship and subsequent divorce. 

 

Best of luck with the process and if you have any questions, feel free to ask. 

 

 

Edited August 1, 2021 by HarryWL

[Jenny15 22]

I've waited for my divorce decree before I filed my ROC to avoid RFEs. After I got the decree, they advised me to file ROC within 6 mons. Don't worry about the expiration of your conditional GC coz they will give you an extension for another year. Same with others, you have to start collecting all your evidence. The more, the better. And you might wanna expect an interview—all in all, it took 6 mons process for me. Good luck!