Removal of contitions after divorce.

[Josef161 0]

Hello, I've been married since 2018, and i received my green card in september 2019. Now I got divorced. My I-751 petition is in progress. 

 

What do I need to do? Withdraw my current I-751 petition including the final divorce decree. Should I add a statement on why we got divorced? File it again with a waiver. Add tons of evidence that the marriage was bona fide (including that we have a son together). Should I add that I've a Job (and can sustain myself), I've savings, I'll graduate with an A.A. after this semester and go for a BA degree. Anything else I should add?

Also, should I send the withdrawel of the old petition on the same day or should I send the withdrawel a couple days earlier?

[Timona 4,207]

You don't need to withdraw anything/ start a fresh. 

Did you file your I-751 jointly with your ex?

Your education level isn't important to USCIS. 

You don't need to mention why you divorced. Divorce happens all the time. What you need to do is prove that it was legitimate marriage. 

[Boiler 45,525]

Did you return to the US?

[Josef161 0]

41 minutes ago, Boiler said:

Did you return to the US?

I'm livin in the US. I filed 12 months ago, waiting time for the interview is about 24 months.

[Josef161 0]

1 hour ago, Timona said:

You don't need to withdraw anything/ start a fresh. 

Did you file your I-751 jointly with your ex?

Your education level isn't important to USCIS. 

You don't need to mention why you divorced. Divorce happens all the time. What you need to do is prove that it was legitimate marriage. 

We filed jointly.

It won't be hard to prove that it was a legit marriage. 

 

How does it work without filing again?

[dwheels76 5,468]

2 hours ago, Josef161 said:

Hello, I've been married since 2018, and i received my green card in september 2019. Now I got divorced. My I-751 petition is in progress. 

 

What do I need to do? Withdraw my current I-751 petition including the final divorce decree. Should I add a statement on why we got divorced? File it again with a waiver. Add tons of evidence that the marriage was bona fide (including that we have a son together). Should I add that I've a Job (and can sustain myself), I've savings, I'll graduate with an A.A. after this semester and go for a BA degree. Anything else I should add?

Also, should I send the withdrawel of the old petition on the same day or should I send the withdrawel a couple days earlier?

If u have final divorce decree then u need to call USCIS or get online talk to EMMA and update ur petition to divorce waiver. They will tell u where to mail a copy of ur decree.

But u need to change ur petition to divorce waiver. Not withdraw. Not start all over.

[Josef161 0]

32 minutes ago, dwheels76 said:

If u have final divorce decree then u need to call USCIS or get online talk to EMMA and update ur petition to divorce waiver. They will tell u where to mail a copy of ur decree.

But u need to change ur petition to divorce waiver. Not withdraw. Not start all over.

Ok thank you.

 

Should i pretend it was a mutual divorce? My wife battered me and used "extreme cruelty". I don't want her to get in drouble but I would like to get my green card renewed, and she did what she did and i can prove it.

[nastra30 2,287]

4 hours ago, Josef161 said:

Ok thank you.

 

Should i pretend it was a mutual divorce? My wife battered me and used "extreme cruelty". I don't want her to get in drouble but I would like to get my green card renewed, and she did what she did and i can prove it.

They don't need to know why you got divorced. Just contact them to change the petition to divorce waiver. That's it, don't overthink it.

[Mike E 11,739]

10 hours ago, Josef161 said:

Ok thank you.

 

Should i pretend it was a mutual divorce?

You should not lie if asked.  
 

10 hours ago, Josef161 said:

 

My wife battered me and used "extreme cruelty". I don't want her to get in drouble but I would like to get my green card renewed, and she did what she did and i can prove it.

You can convert this to a waiver based on both divorce  and cruelty.  Some (good) lawyers recommend it.  
 

Advantage: if the case is denied, the cruelty angle gives you a second basis for an appeal. For examine if denied on the basis of divorce because marriage didn’t look bonafide  enough until the divorce filing, you can say that’s because of the cruelty.  
 

Disadvantage: you need evidence of cruelty 

[Josef161 0]

3 hours ago, Mike E said:

You should not lie if asked.  
 

You can convert this to a waiver based on both divorce  and cruelty.  Some (good) lawyers recommend it.  
 

Advantage: if the case is denied, the cruelty angle gives you a second basis for an appeal. For examine if denied on the basis of divorce because marriage didn’t look bonafide  enough until the divorce filing, you can say that’s because of the cruelty.  
 

Disadvantage: you need evidence of cruelty 

Thank you. Is there any downside for my ex if i file for both? I just do not want to have a negative effect on her. Also, we have a child together, so she would pull stuff off if something falls back to her.

 

I've lots of evidence of a bona fide marriage and also for cruelty. 

 

So, I would do 1 waiver that does both (bona fide marriage that got divorced, and just in case I mention cruelty?).

[Mike E 11,739]

1 hour ago, Josef161 said:

Thank you. Is there any downside for my ex if i file for both?

If you document  that  she committed a felony against you or your child, you can’t assume no one in USCIS won’t send an anonymous tip to the local police.  

1 hour ago, Josef161 said:

 

I just do not want to have a negative effect on her. Also, we have a child together, so she would pull stuff off if something falls back to her.

Battered and abused spouses sometimes  feel this way.  It comes down to your security and safety. And part of your security safety includes getting a 10 year green card.  

1 hour ago, Josef161 said:

 

I've lots of evidence of a bona fide marriage and also for cruelty. 

 

So, I would do 1 waiver that does both (bona fide marriage that got divorced, and just in case I mention cruelty?).

It’s up to you as it is your petition.  I’ve given you an advantage and disadvantage.  You’ve noted that you are afraid of reprisals from your ex spouse against you and your child.    
 

Personally, as I believe in Murphy’s Law, I would check  both boxes on the waiver as it costs nothing (in terms of dollars) to do so. 

[Cathi 5,755]

17 hours ago, Josef161 said:

Ok thank you.

 

Should i pretend it was a mutual divorce? My wife battered me and used "extreme cruelty". I don't want her to get in drouble but I would like to get my green card renewed, and she did what she did and i can prove it.

Never, ever pretend. ALWAYS tell the entire truth.

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to ROC General Discussion ***

 

[Newyorker2021 3]

You need to talk to a lawyer. They can assess your case and help: 

[Newyorker2021 3]

Also, you should considering filing for extreme cruelty and hardship as well if going back will cause hardship. You'll quality for naturalization with the three year rule but if you only file with divorce waiver then you'll be eligible to apply for naturalization after 5 years