I-751 question. Please help

[ssmjay]

I know I posted this same question a week ago. But I didn't get much information and my friend here is very worry and doesn't know what to do.
Will the USCIS find out if she divorce? Will she be called for a second interview after the divorce? She is not sure if the husband will go with her then.


This is a question for a friend of mine:

My friend married a US citizen 3 years ago. She got her conditional GC about two years ago and just filed I-751 one month ago. The marriage wasn't a happy one and she has been hanging on to it for the sake of her GC. But it's now getting to a point that she (and her husband) are ready for a divorce. My friend has been working for a big company for two years and the company is willing to sponsor her for GC application. She wants to know is she still going to get her permanent GC through the marriage after the divorce. Or she will have to go through the company as a H-1 and then apply for GC again.

Thanks in advance for your advices.

 

[cherr1980]

Well, she can just divorce and then she must re-file the I-751 with the joint file waiver, but ONLY if she has the divorce decree on hand. So far if they are not on divorce proceedings she can let the process go by itself and if she gets the GC on hand BEFORE the divorce is final, she is good to go. The only issue will be if they are call for an interview (not frequently but it happens) and then would be the matter if they are both willing to go as a married couple. It is suppose that if you are in divorce proceedings you should let USCIS now (even I doubt many people will do that since you will get in a limbo) and then wait for your divorce decree and then file with the waiver. IF she files with the waiver, her evidence is actually the same that she has as of now when she filed jointly...since the point is to demostrate that she indeed enter the marriage in good faith.

For the part if she wants to quit the I-751 process so to not depend on her husband and all that, then she needs to contact a lawyer or better say if the company is going to sponsor her, their lawyers should know her situation and see how they can manage that part. I don't know how you can go from conditional green card to H-1 or that...I just know the divorce/waiver/I-751 part.

Good luck,