Applying for green card after divorce

Immi17

New Member
Hello everyone, I am new here.

I was married legally for two years, from may 2015 until divorce finalized in April 2017. But lived separately since about October 2015.

We haven't filed for a green card, or we actually have but it was missing some documents so the filing itself was rejected and returned to us. That's why I say we didn't file.

I've heard of some cases where people applied for green card after divorce, and still got it. Is that true, what are the chances and the obstacles one might face?

Right now I am on an F1 visa.

Thank you for your help.
 
On what ground would you want to apply the GC for? Though there is a provision for battered spouse of a USC, there is no provisions for ex spouse of a USC.
 
On what ground would you want to apply the GC for? Though there is a provision for battered spouse of a USC, there is no provisions for ex spouse of a USC.

On the ground that the marriage was entered in good faith, that it was hell from day one. Tried to repair it and went to mareiage counseling but then it reached a point that we could not work it out.
Would a promise to help get a green card be a good reason?
I am aware of the WAVA thing, will it still apply if the abuse was emotional?
 
Yes you can qualify for VAWA even when divorce is finalized in certain instances. Yes, Emotional abuse counts for VAWA, Promise of green card doesn't count - your spouse is not obligated to get you a green card. you can try but my understanding is that very few VAWA cases are granted.

Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:

  • You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
  • Your abusive spouse died within 2 years of filing the petition.
  • Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
  • Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty.
The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision.
 
If you got a conditional green card and divorced, you can still apply for Removal of Conditions. But in general, if you didn't get a green card before divorce, you can't get the green card through the marriage (that no longer exists), with rare exceptions like for abuse.
 
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