Divorce before filing I-751

[TM2002 0]

Seeking advice.

 

Brought my wife to America in September 2023 after we married abroad. She has not filed her I-751 to remove the condition on her Green Card yet. Unfortunately our lives have gone separate ways and we must divorce.
Up until this point we had been very happy, and did everything correctly to get her GC. I do not want to ruin her life and somehow risk her losing her GC. 
We’ve not yet filed for divorce yet but plan to soon. Is there anything I can do to ensure that filing the I-751 as a divorced couple will go smoothly for her? I fully accept further responsibility for her and wish the best for her, I’m just very worried something could go wrong here. 
 

Any help would be much appreciate. 
 

 

[JeanneAdil 6,491]

file for divorce (attorney )ASAP

some states u need legal separation and wait time of months or a year for a divorce to be final

so,  delay is harmful to u both

 

provide her with divorce degree (court /judge stamp) as soon as it is decreed and so she can do her ROC with a divorce waiver 

[Dashinka 24,487]

I agree, best to get the divorce proceedings moving as that moves to a different clock than the I751.  Based on the date you gave where I assume you mean she entered in September 2023 on a spousal visa, so she has a little time before she has to submit the I751.  If she has a final divorce decree, she can submit the I751 with a divorce waiver sometime in June 2025 and it should go smoothly.  You can also provide an affidavit expressing that the divorce is amicable and everything prior to that was done in good faith that she can add to that package.

 

Good Luck! 

[beloved_dingo 1,976]

22 hours ago, Dashinka said:

I agree, best to get the divorce proceedings moving as that moves to a different clock than the I751.  Based on the date you gave where I assume you mean she entered in September 2023 on a spousal visa, so she has a little time before she has to submit the I751.  If she has a final divorce decree, she can submit the I751 with a divorce waiver sometime in June 2025 and it should go smoothly.  You can also provide an affidavit expressing that the divorce is amicable and everything prior to that was done in good faith that she can add to that package.

 

Good Luck! 

Small correction here - she can filed ROC immediately, once the divorce is finalized/she has the divorce decree. She does not have to wait until the usual ROC filing window opens. So even more reason for OP to file for divorce ASAP.

[Dashinka 24,487]

2 hours ago, beloved_dingo said:

Small correction here - she can filed ROC immediately, once the divorce is finalized/she has the divorce decree. She does not have to wait until the usual ROC filing window opens. So even more reason for OP to file for divorce ASAP.

Thanks, and you are correct, if the final divorce decree is in hand, the I751 is not subject to the 90 day filing window.