Husband didn't inform USCIS about the divorce.

[Goroshek 0]

My husband and I got divorced 1 year ago after my getting a temporary green card. I am in the US now. Today I knew that he didn't inform USCIS thjat we got divorced. Does he as a petitioner or I have to inform USCIS about the divorce or I can just mention the divorce and attach the divorce decree when removing the conditions? What are the consequences of not telling? Thank you in advance.

[Anh map 2,098]

If you are divorced you can go ahead and file to remove conditions now. You will need to supply a certified copy of the divorce decree.

[Wyatt's Torch 45]

Whatever you do, do NOT lie or withhold important information in any way, shape or form to the USCIS. Honestly. The ROC process requires a lot of proof of cohabitation and a joint life together. Chances are, unless you're still on really good terms with your ex-husband and he's willing to be complicit in immigration fraud, it's going to be pretty clear to the consular officers that something is awry.

If the marriage was entered into in good faith (i.e.: you weren't just a green card seeker), then you should have a leg to stand on when it comes to the resulting questions etc. after you file your ROC.

Edited December 7, 2011 by Wyatt's Torch

[Bobby+Umit 161]

If you are divorced you can go ahead and file to remove conditions now. You will need to supply a certified copy of the divorce decree.

Concur -

You were technically in violation of the conditions for the conditional GC, because you didn't ROC as soon as the divorce was final, however, I have not seen that as a problem going forward.

[ceadsearc 516]

File for removal of conditions ASAP. Due to the divorce you are no longer meeting the conditions of your conditional residency so you were supposed to file for ROC with a divorce waiver immediately - that was your responsibility, not your husband's. Do so immediately. You will need to provide proof of your divorce as well as proof that your marriage was entered into in good faith.

[Goroshek 0]

If you are divorced you can go ahead and file to remove conditions now. You will need to supply a certified copy of the divorce decree.

I am not sure if I want to remove conditions. I just know that I must inform USCIS if I relocate. Must I inform them if I am divorced (is there any law obligation). That's all I wanted to know at the moment.

[Goroshek 0]

File for removal of conditions ASAP. Due to the divorce you are no longer meeting the conditions of your conditional residency so you were supposed to file for ROC with a divorce waiver immediately - that was your responsibility, not your husband's. Do so immediately. You will need to provide proof of your divorce as well as proof that your marriage was entered into in good faith.

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires. The reason why I didn't file the petition for removing the conditions is because I wanted to see if after the break our relationship with my ex-husband would have another start and then we would act according to the law in the situation we are in. How come I MUST either remove the conditions myself or go away immediately if the green card is still valid? I can't find legal information about that, the question was if I am supposed to inform USCIS immediately about the divorce like after changing the address or it is not a must and I either go away or inform about that when remove the conditions filing my own petition.

And I am not trying to hide anything. I honestly informed them when I changed the address, wasn't sure about the requirements concerning the divorce.

Edited December 7, 2011 by Goroshek

[Glyn and Kathy 288]

I would just take care of it as soon as possible if I were you. Why would you really want to wait??When is your green card up for renewal??

BTW, its your conditional residence, so its your responsibility to inform immigration about anything to do with it. Not your ex.

Edited December 7, 2011 by Glyn and Kathy

[resilient 2]

The reason you have legal status during conditional residence is because you are married. If you are no longer married, you lose your legal status. That's why everyone is advising you that if you would like to stay, you should remove conditions. If you would like to be in the US without removing conditions, you should leave the country and return with another visa (tourist or so). Technically you do not have legal status if you stay here having divorced.

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires. The reason why I didn't file the petition for removing the conditions is because I wanted to see if after the break our relationship with my ex-husband would have another start and then we would act according to the law in the situation we are in. How come I MUST either remove the conditions myself or go away immediately if the green card is still valid? I can't find legal information about that, the question was if I am supposed to inform USCIS immediately about the divorce like after changing the address or it is not a must and I either go away or inform about that when remove the conditions filing my own petition.

And I am not trying to hide anything. I honestly informed them when I changed the address, wasn't sure about the requirements concerning the divorce.

[Brother Hesekiel 2,236]

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires.

Because it's the law, and those are the conditions under which you obtained your conditional residency in the first place. You don't have to inform USCIS if you are separated in order to find out if you want to continue the marriage, but if the divorce is final, you are required to file. Had your husband informed USCIS, you would have been ordered deported by now for failing to file for RoC.

Yep.

[potter1 1]

Like the previous posts mentioned, you have been out of status the day your divorce was final.The two years condition is dependent on you and your USC Spouse remaining married. I suggest you seek a professional lawyer if you have been divorced for some time without having filed for a waiver.

[VanessaTony 3,567]

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires. The reason why I didn't file the petition for removing the conditions is because I wanted to see if after the break our relationship with my ex-husband would have another start and then we would act according to the law in the situation we are in. How come I MUST either remove the conditions myself or go away immediately if the green card is still valid? I can't find legal information about that, the question was if I am supposed to inform USCIS immediately about the divorce like after changing the address or it is not a must and I either go away or inform about that when remove the conditions filing my own petition.

And I am not trying to hide anything. I honestly informed them when I changed the address, wasn't sure about the requirements concerning the divorce.

You were issued a "conditional" greencard. The "condition" being that you were married to a USC.

Once you are divorced you are no longer fulfilling the condition (like driving with a suspended licence). If ICE come across you while divorced, and whilst still on a conditional card, they CAN deport you for breaching the conditions of your greencard.

Now that you are divorced you MUST file ROC with a divorce waiver. Even if you re-married your ex-husband you would still have to file with a divorce waiver because you WERE divorced from the initial relationship. USCIS wouldn't allow that.

You were not required to "inform" USCIS about the divorce but you ARE required to file ROC, or leave the country and give up your greencard. Once you have a 10 year non-conditional greencard your divorce or remarriage isn't relevant. You don't need to tell USCIS if you re-marry, or divorce.. just change address.

Your ex-husband is also required to update his address (if he moves) by filing an i-865.

[DrVS 10]

I don't understand why I HAVE to remove the conditions as soon as possible. If the green card was granted for 2 years and the marriage was not a fake I must still be legally in the US till it expires. The reason why I didn't file the petition for removing the conditions is because I wanted to see if after the break our relationship with my ex-husband would have another start and then we would act according to the law in the situation we are in. How come I MUST either remove the conditions myself or go away immediately if the green card is still valid? I can't find legal information about that, the question was if I am supposed to inform USCIS immediately about the divorce like after changing the address or it is not a must and I either go away or inform about that when remove the conditions filing my own petition.

And I am not trying to hide anything. I honestly informed them when I changed the address, wasn't sure about the requirements concerning the divorce.

Because by law USCIS must start removal conditions as soon as they find out about the divorce if I-751 is not filed. The applicable law in this case is INA 216(b), with INA 216(b)(1)(A)(ii) describing your exact situation. To be exact, the law does not say that you must file I-751 as soon as divorce is final. Instead it says that your permanent resident status is terminated, because you violated the condition that you had on your status, at which point you become removable.

[Goroshek 0]

The reason you have legal status during conditional residence is because you are married. If you are no longer married, you lose your legal status.

Thank you for the advice, guys.

About the legal status: in the affidavit form that my husband signed when he filed the petition for the first green card there's a note that divorce doesn't stop the action of this affidavit. If I was out of legal status immediately after the divorce why to mention that affidavit is still valid after the divorce till the time when the green card expires then?!

Besides where is the note that says that after the divorce you must to give the greencard back and it's not valid anymore? As I know I CAN give it back , but I didn't know I MUST give it back. Is there any document that says that? I am not trying to persuade you that I am right, but if you say that I am out of legal status I'd like to know the number of the law record to read it by myself. So far all I have read is that I can apply for another greencard with a waiver or go home after my green card expires but I haven't read any notes saying that I MUST apply immediately after the divorce and I am immediately out of status after the divorce.

[Goroshek 0]

Because by law USCIS must start removal conditions as soon as they find out about the divorce if I-751 is not filed. The applicable law in this case is INA 216(b), with INA 216(b)(1)(A)(ii) describing your exact situation. To be exact, the law does not say that you must file I-751 as soon as divorce is final. Instead it says that your permanent resident status is terminated, because you violated the condition that you had on your status, at which point you become removable.

So, what if I file I-751 tomorrow having a green card (it's valid through summer, 2012)and they already know about the divorce? what happens then?

Is there any time frame within I have to file I-751 myself after the divorce is final?

Edited December 8, 2011 by Goroshek