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Posted

Hello everyone!

Unfortunately, my wife and I have decided to separate.
She is American, and in 2023, we started my green card petition.
It was approved in December 2023.
This December 2025, it will expire, and I have to remove the conditions on it.
Since we live in Florida, we can divorce 100% online.
The thing is, we got married in Fort Lauderdale, and the company offering the service says the divorce would be in another county that is faster.
My question is: does it change anything if the divorce is done in a county other than Broward or Miami-Dade for USCIS?
Fortunately, my ex-wife and I have an excellent relationship, and we can talk about everything.
Otherwise, the other option would be to do it through the family court in Miami-Dade, but it seems it takes almost 2 months.
On the other hand, with the online option, we wouldn't have to move at all, and it would be faster.
I understand that the divorce decree would say "XYZ county" instead of Miami-Dade or Broward.
My concern is that USCIS might think we are doing something suspicious!

What do you recommend?
Does it change anything?

Thanks!!

Posted

Hi OldUser!

 

59 minutes ago, OldUser said:

Why don't you divorce in county where you live? 

 

 



We could but it takes longer (almost 2 months).
Thats the only reason for the online option!

 

 

1 hour ago, OldUser said:

 

 

Why do you need to move to divorce?


Sorry, I'm not following. What do you mean?

Thanks,

Posted
23 minutes ago, OldUser said:

This was in response to

 

 

Sorry, I meant move as we wont have to go to any place physically

21 minutes ago, OldUser said:

2 months is pretty fast considering you need to file I-751 in December. You have plenty of time.

 

It's not like you're in California with 6 months mandatory separation before anybody can file for divorce. 

Yes, I understand! but because we saw the option to do it 100% online and faster, we were considering that option.

-------------
My main concern is that USCIS will think that we were trying to stretch our marriage!
So for what I understand, you recommend to do it in our county, right?



Thanks!

Posted
4 minutes ago, BigPele said:

Sorry, I meant move as we wont have to go to any place physically

Yes, I understand! but because we saw the option to do it 100% online and faster, we were considering that option.

-------------
My main concern is that USCIS will think that we were trying to stretch our marriage!
So for what I understand, you recommend to do it in our county, right?



Thanks!

Nobody would ever question a valid divorce in county court.

Posted
4 minutes ago, OldUser said:

Nobody would ever question a valid divorce in county court.

Yes, but bonafide records will be "old" or not recent.
Because we stopped using the same credit cards and bank accounts!
We still share insurance and other things

Thats my main concern!

Thanks!

Posted
11 minutes ago, BigPele said:

Yes, but bonafide records will be "old" or not recent.
Because we stopped using the same credit cards and bank accounts!
We still share insurance and other things

Thats my main concern!

Thanks!

It has nothing to do with you divorcing online now or in court in 2 months.

 

During interview (I-751 or N-400) you may be asked when you separated. Everybody understands there can be no evidence in the period of separation when you're not officially divorced yet, but don't live together anymore.

 

Do you have good evidence prior to separation? Can your wife write an affidavit saying the marriage was bonafide?

Posted
17 minutes ago, OldUser said:

It has nothing to do with you divorcing online now or in court in 2 months.

 

During interview (I-751 or N-400) you may be asked when you separated. Everybody understands there can be no evidence in the period of separation when you're not officially divorced yet, but don't live together anymore.

 

Do you have good evidence prior to separation? Can your wife write an affidavit saying the marriage was bonafide?

my biggest fear is that I think that since I separated a few months ago and we still haven't done the divorce, all that time that passed where we didn't have anything in common in terms of expenses or other things that show bonafide, made it so that the longer I waited to file the I-751 with the divorce waiver, the more counterproductive it would be, and USCIS might 'think badly.'

As for evidence prior to the separation, we were together for about 2 years before we got married + the marriage, we have photos from all over the world with family and friends.

Thats why I want to do the "fast" divorce
But if you think is not going to "modify anything" related to USCIS, we will go for the "slow" divorce in our county!

Thanks!

Posted
14 minutes ago, BigPele said:

my biggest fear is that I think that since I separated a few months ago and we still haven't done the divorce, all that time that passed where we didn't have anything in common in terms of expenses or other things that show bonafide, made it so that the longer I waited to file the I-751 with the divorce waiver, the more counterproductive it would be, and USCIS might 'think badly.'

As for evidence prior to the separation, we were together for about 2 years before we got married + the marriage, we have photos from all over the world with family and friends.

Thats why I want to do the "fast" divorce
But if you think is not going to "modify anything" related to USCIS, we will go for the "slow" divorce in our county!

Thanks!

Again, 2 months isn't slow at all. I'd rather have a valid solid divorce VS trying to fight USCIS later on online divorce.

 

If you're asked by USCIS why you divorced online VS going the regular route. What would be your response? 

 

Anyways, I don't see an issue with evidence lacking during separation.

Posted
28 minutes ago, OldUser said:

Again, 2 months isn't slow at all. I'd rather have a valid solid divorce VS trying to fight USCIS later on online divorce.

 

If you're asked by USCIS why you divorced online VS going the regular route. What would be your response? 

 

Anyways, I don't see an issue with evidence lacking during separation.

Thanks for your time and input!!

Obrigado!!!

 
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