Divorce while on 2Yr GC.....

J

JJBBKK

Registered Users (C)
HI All,

I received my conditional GC Summer of '05 and will need to apply to remove the conditions in '07. Well, things arent going too well between us and I am thinking about filing for divorce because I cannot take it anymore. Currently we live separately and I just need to get out of this. But the question is, will I lose my status after I file for divorce and what will happen to my conditional GC, because it expires in '07? I am really worried and dont know whether I should wait or is there a way to apply to remove the conditions even if we get divorce??? Has anyone gone thru that and what are some possible outcomes??? Please let me know my fellow immigration experts. Thank you in advance.
 
First of all, it’s not easy to remove condition without spouse cooperation. Keep that in mind before making any decision.

You are not going to loose your conditional GC just because of divorce.

Check following link for similar case:
http://boards.immigrationportal.com/showthread.php?t=140133

JJBBKK said:
HI All,

I received my conditional GC Summer of '05 and will need to apply to remove the conditions in '07. Well, things arent going too well between us and I am thinking about filing for divorce because I cannot take it anymore. Currently we live separately and I just need to get out of this. But the question is, will I lose my status after I file for divorce and what will happen to my conditional GC, because it expires in '07? I am really worried and dont know whether I should wait or is there a way to apply to remove the conditions even if we get divorce??? Has anyone gone thru that and what are some possible outcomes??? Please let me know my fellow immigration experts. Thank you in advance.
Click to expand...
 
Last edited by a moderator:
Thanks!
Thats understood. She is willing to cooperate, its just things arent going too well, but as far as her being cooperative regarding immigration is no problem. My problem is: what is going to happen if we do decide to get divorce because the card expires in '07 and shouldn't I be married in order to remove the conditions?
 
If you (or spouse) file for divorce, you need to wait till divorce is finalized before submitting application (form I-751) to remove condition.

After divorce, you need to apply for a waiver of the joint filing requirement on I-751 form. You will be asked to show that you entered into the marriage in good faith, but the marriage was later terminated due to divorce or annulment. You also need submit a copy of the divorce decree along with I-751.

Check following two links:
http://uscis.gov/graphics/howdoi/remcond.htm#divorce
http://uscis.gov/graphics/lawsregs/handbook/CRwaiver041003.pdf
 
JJBBKK,

Also, if moderator for this forum can move your thread to following forum, you have more chances of getting response:

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ImmigrationPortal Forums
==> USA Immigration Issues
=====> Immigrant Visas (Green Cards)
========> Family Based Green Cards - Through Marriage or a Relative

Web link: http://boards.immigrationportal.com/forumdisplay.php?f=39
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Send a PM to moderator (i.e. 'ar888') requesting above.
 
I am in the same situation. Can someone reading this recommend a lawyer who has experience in handling such cases i.e.: Filling for a waiver of joint petition to remove the conditions on permenent residency.

Thanks
 
Thanks all. I consulted an attorney. She basically said the same thing, i will need to finalize the divorce and then file the paperwork along with all the documents that we collected during the marriage especially the period after the interview to show them that the marriage was legit and then she also said that letters from american friends,co-workers, others attesting to ur marriage will definitely help. She said that she had a lot of cases like that and has not seen a negative outcome yet, so i'll just keep my fingers crossed and take it as it goes and try not to lose anymore sleep over it. Good luck to all and keep me updated.
 
I got married on may 98 and got divorced on 01 I was still on conditional green card. i filed a waiver and removed the conditional green card by myself and got approved the officer did not even ask me anything ...better to be prepared!!!
Good luck....
 
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