Moving in with My Boyfriend While Awaiting Divorce Finalization and Filing I-751 to Remove Green Card Conditions—Seeking Advice

[VariousFlowers 0]

Hello everyone,

I’m seeking advice on my current situation regarding my immigration status and personal life. Here are the key details:
    1.    Current Immigration Status:
    •    I’m currently on a conditional green card, which I obtained through my marriage.
    •    I’ll be filing the I-751 to remove the conditions on my green card by the end of January. My case will be based on my marriage, which is ending in divorce.
    2.    Divorce Process:
    •    My husband and I have been separated for a while now.
    •    We signed an informal written agreement of separation via email in mid-October, but it’s not legal or notarized.
    •    Our divorce is expected to be finalized by the end of January.
    3.    Living Situation:
    •    I’m considering moving in with my boyfriend and signing a lease with him while waiting for my divorce to be finalized.
    4.    Questions/Concerns:
    •    Will moving in with my boyfriend or signing a lease together negatively impact my I-751 application to remove conditions on my green card?
    •    Does the email agreement of separation hold any weight if USCIS requests proof of separation before the divorce is finalized?
    •    Should I take additional steps to document my separation from my husband before moving in with my boyfriend?
    •    Are there risks to my immigration status if I proceed with this plan?

I’d appreciate any insights, advice, or similar experiences you can share. I want to ensure I handle this transition properly while staying within the boundaries of immigration law.

Thank you in advance for your help!

Title: “Moving in with My Boyfriend While Awaiting Divorce Finalization and Filing I-751 to Remove Green Card Conditions—Seeking Advice”

 

Post:

 

Hello everyone,

 

I’m seeking advice on my current situation regarding my immigration status and personal life. Here are the key details:

1. Current Immigration Status:

• I’m currently on a conditional green card, which I obtained through my marriage.

• I’ll be filing the I-751 to remove the conditions on my green card by the end of January. My case will be based on my marriage, which is ending in divorce.

2. Divorce Process:

• My husband and I have been separated for a while now.

• We signed an informal written agreement of separation via email in mid-October, but it’s not legal or notarized.

• Our divorce is expected to be finalized by the end of January.

3. Living Situation:

• I’m considering moving in with my boyfriend and signing a lease with him while waiting for my divorce to be finalized.

4. Questions/Concerns:

• Will moving in with my boyfriend or signing a lease together negatively impact my I-751 application to remove conditions on my green card?

• Does the email agreement of separation hold any weight if USCIS requests proof of separation before the divorce is finalized?

• Should I take additional steps to document my separation from my husband before moving in with my boyfriend?

• Are there risks to my immigration status if I proceed with this plan?

 

I’d appreciate any insights, advice, or similar experiences you can share. I want to ensure I handle this transition properly while staying within the boundaries of immigration law.

 

Thank you in advance for your help!

 

This revision includes the mention of the I-751 while keeping everything else intact.

[OldUser 6,976]

First of all, did you file AR-11 every time you moved addresses since becoming LPR? You're required by law to do this within 10 days of moving.

 

Secondly, how long do you know you boyfriend for? Also, did you know this person before marrying US citizen?

 

Thirdly, yes, this plan may trigger more scrutiny into your case. You have conditional GC, meaning you had a relatively short marriage. Short marriage and new relationship right after is a flag USCIS may want to investigate more.

 

Finally, how much evidence of bonafide marriage that's ending, do you have? Did you have lease together? Did you comingle finances? Did you have anything else proving shared life?

 

Good luck

Edited Thursday at 05:59 AM by OldUser

[VariousFlowers 0]

2 minutes ago, OldUser said:

First of all, did you file AR-11 every time you moved addresses since becoming LPR? You're required by law to do this within 10 days of moving.

 

Secondly, how long do you know you boyfriend for? Also, did you know this person before marrying US citizen?

 

Thirdly, yes, this plan may trigger more scrutiny into your case. You have conditional GC, meaning you had a relatively short marriage. Short marriage and new relationship right after is a flag USCIS may want to investigate more.

 

Finally, how much evidence of bonafide marriage that's ending, do you have? Did you have lease together? Did you comingle finances? Did you have anything else proving shared life?

 

Good luck

I haven’t moved yet but that’s a good point about filing the AR-11 I didn’t know that! 
 

I’ve known this bf for around 8 months. He was in my friends group and I knew him 2 years after being married. 
I’ve been married for 3 years, we were living apart for one year before I finally moved to the states.

 

and yes I have sufficient evidence. I’m on the house deed, we had health insurance together, investment beneficiaries, family photos etc 

[OldUser 6,976]

13 minutes ago, VariousFlowers said:

I haven’t moved yet but that’s a good point about filing the AR-11 I didn’t know that! 
 

I’ve known this bf for around 8 months. He was in my friends group and I knew him 2 years after being married. 
I’ve been married for 3 years, we were living apart for one year before I finally moved to the states.

 

and yes I have sufficient evidence. I’m on the house deed, we had health insurance together, investment beneficiaries, family photos etc 

Great, if you have sufficient evidence of marriage entered in good faith, your I-751 will be approved. Essentially, you're at the crossroads - either you'll have an approval and get 10 year GC or you will be denied. Denial can be overcome, but not so easily if USCIS accuses you of entering marriage for immigration benefit. The worst case, is obviously, if you lose I-751 and get referred to immigration court. If you lose that - you may be stripped of LPR status and ordered removed.

 

One thing I'd recommend, if your soon to be ex is cooperative, is to get a detailed written statement from him, describing how your relationship formed, developed and ended. He'd mention dates, facts, reasons. And at the end say that the marriage was bonafide, didn't work out but he doesn't mind you getting conditions removed.

 

If you work with a lawyer for I-751, you can ask them to write a draft for him to sign and have lawyer reach out to ex instead of you to minimize any emotional response and conflict.

 

Good luck!

Edited Thursday at 06:21 AM by OldUser

[Sweetdreaming 397]

If you were married and living together for 3 years + you should be fine for being eligible for 751 with divorce waiver.