Getting divorce prior to removal of condition

[mrgoodguy 5]

Actually I only responded about this matter because you incorrectly stated that the OP MUST wait for the decree before filing. You then in another post, went on to state a completely false statement of having ROC approved while divorce is pending being a "horrible mistake". I am simply ensuring that people know the complete truth, not phallacies.

The OP will be fine as long as they have evidence of relationship. Relationships fail, sad but true, and USCIS understands that.

Well, I guess I came across wrong since the OPs question is very open with not much details, timeline, etc.

Yes, you are right about "divorce pending" during i751 process not being a problem.

Sorry.

[bigtex26 2]

I have a question pertaining to my similar situation. If we divorce, then file for ROC with a divorce waiver, will she still be granted 10 years legally here in the U.S.?

The reason I ask is because she's only lived here with me in the States for 1 year.

[sunnyboy 3]

Don't worry file with divorce waiver n u'll get approved. I got approved with no RFE and no interview. Mine was divorce waiver

[VanessaTony 3,567]

I have a question pertaining to my similar situation. If we divorce, then file for ROC with a divorce waiver, will she still be granted 10 years legally here in the U.S.?

The reason I ask is because she's only lived here with me in the States for 1 year.

Depends on the amount of good faith marriage evidence.

[bigtex26 2]

Depends on the amount of good faith marriage evidence.

Okay, so it can vary or be less than that - based on the amount of evidence?

In our case everything has been in good faith, we were happy, but it just wasn't working out culturally.

Her life goals turned out to be different than mine.

I'm also considering just waiting until her ROC comes up, then going through with a divorce.

Maybe there's no difference with the two.

[VanessaTony 3,567]

Okay, so it can vary or be less than that - based on the amount of evidence?

In our case everything has been in good faith, we were happy, but it just wasn't working out culturally.

Her life goals turned out to be different than mine.

I'm also considering just waiting until her ROC comes up, then going through with a divorce.

Maybe there's no difference with the two.

She should have no problem ROCing if she has good faith evidence (bills in same name etc). Even if you wrote an affidavit for her (if you're on good terms) you could do that too.

More often approved then denied honestly.

[bigtex26 2]

She should have no problem ROCing if she has good faith evidence (bills in same name etc). Even if you wrote an affidavit for her (if you're on good terms) you could do that too.

More often approved then denied honestly.

Okay, that's good to hear.

However, she's asking (and I'd like to know) how they grant legal time in the U.S. after ROC.

Do they have two categories, like 10 years max, then 5 years?

Is there a minimum of years granted, as low as 1 years?

The more planning she can do, the better.

Thank you!

[VanessaTony 3,567]

Okay, that's good to hear.

However, she's asking (and I'd like to know) how they grant legal time in the U.S. after ROC.

Do they have two categories, like 10 years max, then 5 years?

Is there a minimum of years granted, as low as 1 years?

The more planning she can do, the better.

Thank you!

First, conditional GC is 2 years. Thats only given if you've been married less than 2 years at the time that first one is approved.

If you've been married more than 2 years, it's a 10 year card.

So, she already has the 2 year, and she'll ROC to remove the conditions and get the 10 year card. Every card thereafter will be 10 years (unless she gets citizenship).

[bigtex26 2]

First, conditional GC is 2 years. Thats only given if you've been married less than 2 years at the time that first one is approved.

If you've been married more than 2 years, it's a 10 year card.

So, she already has the 2 year, and she'll ROC to remove the conditions and get the 10 year card. Every card thereafter will be 10 years (unless she gets citizenship).

Thanks so much for clearing that up for me!

[newacct 688]

It doesn't matter how many years the card is. It matters what kind of permanent resident status she has. Conditional permanent resident status requires you to remove conditions or you lose it. Once you remove conditions, you are a regular permanent resident. This is permanent. Your card could be expired and you would still be in permanent resident status. You can trivially renew the card at any time. Regular permanent resident cards are always for 10 years.

Edited June 28, 2013 by newacct

[Done--Really 331]

Help me understand one thing:

If we are in the middle of a divorce, but the 751 filing window will close before the divorce is finalized, what box do we check in the waiver section. The only one that applies to divorce presumes that the divorce is final, which it clearly will not be. Do we just check that box, and then follow up with the RFE when it arrives, presumably well after the divorce is final??

[VanessaTony 3,567]

Help me understand one thing:

If we are in the middle of a divorce, but the 751 filing window will close before the divorce is finalized, what box do we check in the waiver section. The only one that applies to divorce presumes that the divorce is final, which it clearly will not be. Do we just check that box, and then follow up with the RFE when it arrives, presumably well after the divorce is final??

You tick the divorce box. You will be RFE'd for the decree.