Need help regarding removal of conditions

T

The.Walker

Guest
Hello.

I've got a question on behalf of my cousin who's about to get divorced. Here's the story. My cousin fell in love with an American girl while in college and after living together for 2 years ( and having a kid ), they got married. Its been 2 years and a month since they got married but things have started to fall apart between them and they've actually decided to get married.

Now the question is. Will he be ok if he were to go back home after finalizing his divorce and then upon his return, filing for the removal of conditional Green Card? Or should he wait to apply for the removal right after his divorce until he receives a new Green Card?

Thank you.
 
If he has to file an I-751 either during the 90 day window or when the divorce is finalised. Whichever comes first.

The.Walker said:
Will he be ok if he were to go back home after finalizing his divorce and then upon his return, filing for the removal of conditional Green Card? Or should he wait to apply for the removal right after his divorce until he receives a new Green Card?
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Triple Citizen said:
If he has to file an I-751 either during the 90 day window or when the divorce is finalised. Whichever comes first.
Click to expand...

Did you mean to say that he has to file an I-751 either during the 90 day window or when the divorce is finalized, whichever comes first?

His divorce will be finalized by the end of August while his 90 day won't come into effect until next January.

Granted that he files an I-751 at the end of August, do you think he'll be fine if he were to leave the country in September or should he wait until he receives the new GC?
 
He can file for removal of condition as soon as his divorce is finally not wait till next january, also he can travel when they send him an extension letter, but i would suggest he waits since his divorced and filing all alone, you never know what the verdict might be. Goodluck.
 
Yes. His conditional GC is valid till February of next year. Thing is - he bought the tickets to go home 3 months ago because his divorce was supposed to have been settled a month back. But his hearings kept getting postponed and it might not be finalized until the end of August ( he's supposed to depart the US in September ).

The only concern is, will he be ok while returning back at the POE if his divorce were finalized and he were to file for removal of conditions or should he actually wait until he receives the new GC?
 
He won't have any problems traveling. I was in the same situation. I had filed alone (waiver - divorced) My CG was lost and I received the extension letter (i then had to get a stamp - I-551 because I didn't have the physical GC, which by the time i left was already expired anyway). So, I traveled while my case was pending and didn't have any problem returning. In fact, below my I-551 stamp the IO wrote - i-751 pending.
 
Thanks for your feedbacks. One more question. Should his divorce be finalized in August, does he NEED to apply for removal of conditions right away or can he wait till he returns back?

Also, Dduley, you're sure that he can leave the country while his condition removal case is pending right ( should he file for removal of his conditions before he leaves )?
 
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