Divorce pending with 4 months before 2 year conditional GC...

T

telados

New Member
Hi There,

I am currently in progress of getting a divorce (it takes a long time...) and currently:

- divorce papers have been filed and served (filed 3 months ago and served 1 month ago)
- we are waiting for the final court date 1-2 months from now
- The 2 year conditional GC end date would be May 1

As i understand it if we were still married she would be able to file for the removal of the conditions of the GC 3 months before its end date - so Feb 1.

It is unlikely that the court will finalize the divorce by this date but it is very likely, almost surely, that the divorce will be final by A1ril 1.

If my current wife files for removal of status on Feb 1, while divorce is pending but not final, would it technically still be legal? Or are we under any requirements to let USCIS know of the current divorce process?

Many thanks,
 
Your question is confusing. Are you asking about if she and you jointly file for ROC? Or are you asking about if she files for ROC by herself on the basis of divorce?

If the former, yes it is legal to file a joint ROC, and even legal for a joint ROC to be approved while divorce is pending but not final. I am not sure whether there is an obligation to let USCIS know about pending divorce, but there would be no point in filing a joint ROC since the divorce will be final so soon anyway, and ROC takes most of a year, and a joint ROC is not approvable after divorce.

If the latter, yes it is legal for her to file ROC by herself on the basis of divorce even when the divorce is not final. They will give her an RFE to provide the final divorce decree.
 
hi thanks for your reply.

Yes, I am asking "what if she files for ROC by herself on the basis of divorce?" but also "what if she files for ROC by herself as if NO divorce was pending (i.e she does not tell uscis about the pending divorce)?"

In the first case it is legal for her to do so, and she has to take an RFE (may i ask what an RFE is?). If she takes this route...will she get or not get a greencard?

In the second case - what would happen there?

many thanks for your input!
 
It's not possible to "file for ROC by herself as if NO divorce was pending". Either ROC is joint (both people sign it), or she files by herself on the basis of divorce, or on the basis of abuse, or on the basis of spouse's death.
 
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