Divorce/Seperation during filing of I485

C

Chris_101

New Member
I've been looking around for a clear answer on this, but most answers I find are in regards to people getting divorced BEFORE they've filed for removal of conditions on their residency, or people who get divorced AFTER they've filed (and had their conditions removed) their I485.

This is my situation: I am a category CR6 conditional permanent resident married to a US citizen. I entered into my marriage in good faith, but due to circumstances beyond my control, my wife and I are planning to get divorced. We are currently seperated (although not in the legal sense, we just live apart), but my problem is that we filed the I485 before any talk of divorce happened. I have a receipt from the BCIS saying it will take a minimum of 120 days to process my form. And this is where the confusion lies.

So now, with all that information. I am unsure of my situation. Do I alert the BCIS, even though there's no legal change in my status? Am I still eligible for removal of conditions on my residency? What am I supposed to do?
 
Legally you are still married, so legally you don't have to say a thing. If your divorce is not amicable, then your "wife" does have the right to inform CIS of the upcoming change in your status. There are plenty of people who have entered into marriage in good faith and have then found themselves in a precarious position, such as yourself. Once you are divorced, legally you should inform CIS of your status change.

If you are asking whether there is an ethical issue at hand should you not inform CIS of your upcoming change in status; that my friend is an issue for you to answer.

Perhaps you discuss this with your "wife" and figure out a viable, amicable solution. If you don't care whether you stay on in the US or not, then it doesn't really matter which avenue you choose.

Either way, GL :)
 
i wouldn't open my mouth and say a darn thing to the immigration...
Unless they are hunting you down or something...about your situaton..time will tell..you might not have to say anything and things will be ok..providing you keep silent and tell no lies..Don't offer any info unless they ask i say..others might disagree...about what i am saying but calling and lying would be worse i say ;)
 
You must log in or register to reply here.
Top