Initiating Divorce - could hurt me?

A

ASD79

Registered Users (C)
Hi everyone,

I got my conditional green card by marrying a citizen. We had dated almost 5 years before getting married and have been married almost 2 years now. I got my conditional green card in February last year, and starting late November this year, I can apply for my condition to be removed.

Now, our marriage has gone bad to worse and emotional stress has gotten better of me to the point that I just can not do this anymore. I want a divorce and apply for a waiver on joint I-751 filing.

My question is, if I'm the one that initiates a divorce, would that hurt my chance of being approved by USCIS? In other words, does it matter who initiates a divorce?

I'm pretty sure we will be able to go through a divorce process on civilized/amicable terms and I can have his affidavit stating that we entered this marriage in good faith.

Please help. Thank you.
 
It matters somewhat. But what matters in the end, is the amount of evidence you can provide that the marriage was entered and continued in good faith.
 
Thanks PraetorianXI for your reply.

Anyone out there that's initiated a divorce and gone through a "waiver removal" process?

Succss story or failure story - please share. Thanks!
 
ASD79 said:
Thanks PraetorianXI for your reply.

Anyone out there that's initiated a divorce and gone through a "waiver removal" process?

Succss story or failure story - please share. Thanks!
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99.9 percent of people who file I-751 get approval even if divorced from US citizen spouse with proper evidence. I doubt it matters that you initiated the divorce, thats not a question on the form itself, just divorce.
 
Thanks trialanderror83 for your reply.

If I apply for the waiver petition and do not hear back from USCIS on their decision till my conditional green card expires, can I still legally stay in the US, stay employed etc?

I'm sure it will differ case by case / location by location, but roughly what's the wait period - months or can go up to a year?

Thanks again!
 
ASD79 said:
Thanks trialanderror83 for your reply.

If I apply for the waiver petition and do not hear back from USCIS on their decision till my conditional green card expires, can I still legally stay in the US, stay employed etc?

I'm sure it will differ case by case / location by location, but roughly what's the wait period - months or can go up to a year?

Thanks again!
Click to expand...

Once submitted you will get a response from USCIS. If it is denied, it will be right away, you will have to leave the US. They will send a notice of action, which will extend your PR for one year. Just take that notice, and your expired GC with you when you travel. It usually takes around 6 months to get approved. Just gather all the evidence you can about you ligit, you will be fine.
 
Thanks again, trialanderror83.

What is a notice of action - is that a notice letting you know they are processing your case, so that you can stay legally in the US during the wait period?

Once approved and received a permanent green card, usually how many years before the expiration - 3 or 5 years?

Thanks again!
 
ASD79 said:
Thanks again, trialanderror83.

What is a notice of action - is that a notice letting you know they are processing your case, so that you can stay legally in the US during the wait period?

Once approved and received a permanent green card, usually how many years before the expiration - 3 or 5 years?

Thanks again!
Click to expand...

1. Yes
2. 10 Years
 
ASD79, I think that you should by all means avoid getting divorced before you are qualified for applying for removing your green card conditions.

But if your marriage really can't survive that long, what you have to do is to read the I-751 instructions carefully and find as much evidence as possible to prove that you entered this marriage in good faith. Anything that can impress the immigration officers will be OK and I think some very effective, simple and easy-to-get evidence are photos you took together with your husband and his relatives before and after marriage. Of course, you need to find other evidence.

After you have done everything, let the immigration officers decide your fate. Best luck!
 
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Kind of funny, Im going through the same process. I initiated divorice (but like others said above, it does not matter) all that matters is the evidence, physical evidence that you will have on hand by the time the interview comes. If you're lucky, you will get approved without the interivew, but from what i understand, 99% of I-751 like these get called for the interview. And dont worry, you can extend your conditional GC as many times as needed until the interview/or whenever the decision is made on your I-751.
My interview is actually scheduled for Aug 6 and im just getting ready. I will let you know how it goes and good luck to you too.
 
JJBBKK, thank you for the valueable information and experiences.

I also divorced during the conditional GC period,but the difference is that I re-married. So my case is a little different from yours.

I came to the US on K1 visa in December 2005, got married in Feb.2006, received my conditional GC on September 8,2006.

We divorced in June 2007, and I lived back in my own country 3 months. I returned 3 months later and we have been staying together ever since. We re-married on June 26, 2008.

I sent my I-751 documents on July 7, 2008 and received NOA on July 15,2008 with one year extention.

From your case, I think the divorce will indeed cause inconveniences to the removal of the GC conditions. I wonder how they will treat my case.

I need to travel back to my own country, but I think I will have to wait till my birometric service done. I have an InfoPass appointment on August 11 to get a stamp on my passport.

Please update your timeline. Good luck to you and all of us.
___________________________
I-751 Timeline:
Filed I-751 on July 7,2008 to TSC
Received NOA,I-797 on July 15,2008
Waiting for ASC appointment notice of biometric service.
 
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