Close to filing AOS, but likely having a divorce. Questions regarding status/travel

[Sifa_Dias]

I was hoping to get some clearity on an issue i'm having, I can't seem to find it anywhere.

I'm in the position where I might go through a divorce soon and have to request AOS based on the good fairth waiver. My question isn't about though. (although any info on this would be greatly appreciated!)

My question is:
I can't file for the petition with waiver untill the divorce is final, but my card expires in March. How would I be able to say and let the INS know that i'm not filing yet because i'm going through a divorce and i'm waiting for it to be final?

And, would I be able to go abroad during that time, even though I'm waiting for the divorce to be final and my green card has expired?

Your help is very much appreciated, this is all so confusing!

 

[jnj]

i think you need to gget your travelling done while your gc is valid otherwise your return entry will be difficult.I think you need to see a lawyer...

 

[cherr1980]

I don't understand...you said that you are close to file for AOS...so what card you are referring to?

If you start your AOS process and during that process you get divorce your AOS is void since there is no based for it. If you get approved before your divorce and can proof that you enter in good faith then you will be able to remove the conditions on your conditional green card.

The only good faith waiver is the one when you need to remove the conditions or in some cases if you have been a case of violence or something like that.

 

[Sifa_Dias]

I don't understand...you said that you are close to file for AOS...so what card you are referring to?

If you start your AOS process and during that process you get divorce your AOS is void since there is no based for it. If you get approved before your divorce and can proof that you enter in good faith then you will be able to remove the conditions on your conditional green card.

The only good faith waiver is the one when you need to remove the conditions or in some cases if you have been a case of violence or something like that.

Thanks for responding. I'm referring to the current green card I have now, the conditional one. I know the situation when I divorce when AOS is already requested. But this situation deals with before that, since my divorce would have to be final first, before requesting AOS.

So I want to know how that works.

 

[Sifa_Dias]

Anyone know anything?

 

[Jewel12]

Thanks for responding. I'm referring to the current green card I have now, the conditional one. I know the situation when I divorce when AOS is already requested. But this situation deals with before that, since my divorce would have to be final first, before requesting AOS.

So I want to know how that works.

I think we were all confused, because the term "AOS" refers to the first filing, when you apply for your very first green card. Since you already have a conditional green card, what you're doing is "lifting conditions" on your permanent residency, not filing AOS.

Yes, you can request a good faith waiver, but to do that, your divorce must be final first. You have to wait till it becomes final and then file to remove conditions, even if it'll be past the deadline when you must file. You will have to explain that you didn't file within 90 days of your 2nd anniversary through no fault of your own, because you were waiting for your divorce to become final. That's how you will let them know.

And, of course, it's good to get legal advice.

Good luck!

 

[Sifa_Dias]

I think we were all confused, because the term "AOS" refers to the first filing, when you apply for your very first green card. Since you already have a conditional green card, what you're doing is "lifting conditions" on your permanent residency, not filing AOS.

Yes, you can request a good faith waiver, but to do that, your divorce must be final first. You have to wait till it becomes final and then file to remove conditions, even if it'll be past the deadline when you must file. You will have to explain that you didn't file within 90 days of your 2nd anniversary through no fault of your own, because you were waiting for your divorce to become final. That's how you will let them know.

And, of course, it's good to get legal advice.

Good luck!

Thanks, this is a step closer. But what do I do in the time after my conditional card expires, but my divorce isn't final yet? Would I have to leave the country, since my papers are expired?