Divorce before removal of conditions on permanent resident status.

[Penelope09 1]

I have been married for little less than a year but I want to get a divorce I know that the removal of condition on my permanent resident status requires at least two years of marriage. Do I have to leave US if I get divorced now?

My marriage has been entered in good faith and we both tried to work things out but it doesn't seem to work...

I would appreciate any information.

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PLEASE SEE POST #11

Edited October 6, 2009 by Captain Ewok
add link to important post.

[Ban Hammer 13,445]

moved from k-1 to changes forum.

[Passing.star 0]

I think you have to leave as soon as your 2-yr GC expires.

[JimVaPhuong 4,863]

I have been married for little less than a year but I want to get a divorce I know that the removal of condition on my permanent resident status requires at least two years of marriage. Do I have to leave US if I get divorced now?

My marriage has been entered in good faith and we both tried to work things out but it doesn't seem to work...

I would appreciate any information.

If your divorce is final (i.e., you have the divorce decree) by the time you have to file, then you can ask for a waiver of the joint filing requirements based on your divorce. Just tick box "d" in part 2 of the I-751. As long as you can provide the normal proof of "good faith" marriage, you should be able to remove conditions and get a 10 year green card.

Note that the divorce must be final - you can't ask for this waiver if you are separated or the divorce is still pending. If you can't get a final divorce in time, then you may be placed in removal proceedings, but you can always ask the immigration judge to postpone until you have your final divorce. These requests are almost always granted.

I think you have to leave as soon as your 2-yr GC expires.

A friendly suggestion - spend a few moments researching your answers before posting responses that are neither helpful nor accurate. You can learn an amazing amount of information about the immigration laws and processes by researching answers to other people's questions. Besides, it's a lot of fun!

[Penelope09 1]

All right, thank you.

If I understood well, I wouldn't have to leave the US immediately after getting divorced then, and I will be able to stay here until filing I-751 by myself and then, if I get approved for removal of conditions, I would receive a 10 years valid visa. Did I get it all right?

I really appreciate your time and help.

Thank you.

[Dakine 26]

I think you have to leave as soon as your 2-yr GC expires.

I think don't count!

[Rings 10]

What kind of visa are you here on CR1? Did you come on K1? If so have you adjusted status yet? Were you approved? Based on your post I am assuming you have a 2 year conditional greencard. You don't have to leave the country just file for divorce and save all the documents (tax returns, medical, etc..) from your marriage because you have to prove you entered the marriage in good faith. You still have to prove you were co mingling your lives before the divorce. You can still remove the conditions if you can prove you entered the marriage in good faith.

[JimVaPhuong 4,863]

All right, thank you.

If I understood well, I wouldn't have to leave the US immediately after getting divorced then, and I will be able to stay here until filing I-751 by myself and then, if I get approved for removal of conditions, I would receive a 10 years valid visa. Did I get it all right?

I really appreciate your time and help.

Thank you.

Well, not exactly.

If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.

You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced, you don't have to wait until the 90 day window before your conditional green card expires - you can (and should) file immediately.

[Penelope09 1]

What kind of visa are you here on CR1? Did you come on K1? If so have you adjusted status yet? Were you approved? Based on your post I am assuming you have a 2 year conditional greencard. You don't have to leave the country just file for divorce and save all the documents (tax returns, medical, etc..) from your marriage because you have to prove you entered the marriage in good faith. You still have to prove you were co mingling your lives before the divorce. You can still remove the conditions if you can prove you entered the marriage in good faith.

I entered on K1, adjusted my status and am in possession of 2 year conditional green card. I believe I shouldn't have problems with proving that we entered the marriage in good faith - we have a lot of pictures, couple documents, a lot of people who knew us as a couple. I hope it will be enough. Thank you for your help.

[csoul 0]

I entered on K1, adjusted my status and am in possession of 2 year conditional green card. I believe I shouldn't have problems with proving that we entered the marriage in good faith - we have a lot of pictures, couple documents, a lot of people who knew us as a couple. I hope it will be enough. Thank you for your help.

One important thing for USCIS in this type of cases is the Tax Returns (official IRS transcripts), don't forget to send that of every year completed with your husband/wife. Also any lease, loan, bank account, credit card is good prove of good faith. I have seen a lot other users with RFE (Request for aditional Evidence) requesting those documents.

And try to complete the divorce ASAP and get the divorce papers. That way you can send your I-751 (waiver option) as soon as your divorce is final. As others wrote here, you don't need to wait to complete 2 years with your conditional card.

Good luck.

[TracyTN 237]

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Edited September 30, 2009 by TracyTN

[Tom_Jim 40]

Thank you for the link TracyTN. I'm going through the exact same thing right now. I'm still pretty devastated.

[JimVaPhuong 4,863]

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$$!

[Rings 10]

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$$!

LMFAO I agree with that!

[TracyTN 237]

Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$!

I know, right??

I asked Krikit about possibly getting that article pinned in this forum. We have questions like this several times a day (and not just in this forum either - often times in the removing conditions forum itself).