I already have cond GC that expires 02/2014.was previously on F1,and then DV petition that got denied bc visas ran out.I have no problem with divorce.I am willing to leave US voluntarily, just not at the moment,I just need to know if I will have to play cat and mouse with ICE and how long I have until they come knocking on my door/job.anyone with any experience please reply.Thanks.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Doing AOS thru fmaily(marriage based), wife wants divorce, although it has not been two years
- Thread starter onadime
- Start date
Jackolantern
Registered Users (C)
You're allowed to stay in the US until it expires in 2/2014, whether you're still married or not.
If you get divorced, it's still possible to convert to a 10-year card if you file I-751 with a waiver request in the 90-day window before your conditional card expires, and provide sufficient evidence that your marriage was bona fide (albeit short-lived). If that's the route you want to take, start preserving your evidence from now because once you split up it may be too hard to get that evidence (e.g. joint accounts, health insurance with both your names, etc.).
If you don't want to try to stay in the US after divorce, simply leave the US before your existing card expires, and then surrender it outside the US at a US consulate with form I-407.
If you get divorced, it's still possible to convert to a 10-year card if you file I-751 with a waiver request in the 90-day window before your conditional card expires, and provide sufficient evidence that your marriage was bona fide (albeit short-lived). If that's the route you want to take, start preserving your evidence from now because once you split up it may be too hard to get that evidence (e.g. joint accounts, health insurance with both your names, etc.).
If you don't want to try to stay in the US after divorce, simply leave the US before your existing card expires, and then surrender it outside the US at a US consulate with form I-407.
Last edited by a moderator:
You're allowed to stay in the US until it expires in 2/2014, whether you're still married or not.
If you get divorced, it's still possible to convert to a 10-year card if you file I-751 with a waiver request in the 90-day window before your conditional card expires, and provide sufficient evidence that your marriage was bona fide (albeit short-lived). If that's the route you want to take, start preserving your evidence from now because once you split up it may be too hard to get that evidence (e.g. joint accounts, health insurance with both your names, etc.).
If you don't want to try to stay in the US after divorce, simply leave the US before your existing card expires, and then surrender it outside the US at a US consulate with form I-407.
thanks for this.new information to me surely. so if they deny the I-751,then it will really be time to go huh?
If you get divorced, it's still possible to convert to a 10-year card if you file I-751 with a waiver request in the 90-day window before your conditional card expires, and provide sufficient evidence that your marriage was bona fide (albeit short-lived).
He should file I-751 right away after divorce. The 90-day window only applies to people who file jointly (or if he hasn't finalized divorce by the time of the 90-day window).
Jackolantern
Registered Users (C)
thanks for this.new information to me surely. so if they deny the I-751,then it will really be time to go huh?
Yes, unless you try to appeal the denial.