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Divorce before Green Card arrives by mail

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Hi everyone I hope I am posting this in the right place.

My friend arrived to the US around 6-7months ago. For some reason his Greencard application had issues with the alien number which caused delay and he called USCIS and they said they will fix it and it will be produced and mailed to him soon.

Recently his wife started talking about divorce, the question is. If she went to court and divorced him, will the divorce be active in that day or it will take time? Will he be deported right away or not untill his 2 years greencard expires (He still didn't receive it by mail).

If she wanted him to leave the house and he moved out of state but she didn't divorce him,will the uscis know that if she didn't report it? If she agreed on not legally divorcing him and agreed on lifting condition after a year and half, but during that time they are living in different states but still married. Is that a problem or it can work out well.

Thanks for help

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If he didn't report the change of address to immigration within 10 days of moving the ex to be probably has the green card or has returned it with a note saying there is no valid marriage. NO one should pretend to have a valid marriage to remove conditions that would be immigration fraud.


This will not be over quickly. You will not enjoy this.

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If he didn't report the change of address to immigration within 10 days of moving the ex to be probably has the green card or has returned it with a note saying there is no valid marriage. NO one should pretend to have a valid marriage to remove conditions that would be immigration fraud.

What if the ex to be didn't send it back to uscis and she gave it to him. I mean they might not file for divorce till they are really sure about it and they decided to have like a break and each get some space (that's what I suggested them). It might be few weeks or months till they find out if they want to be back together or there is no way and then they will file for divorce.

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Strongly suggest he joins and posts.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He already became a permanent resident but doesn't have his card yet because of problems with his card? Or he is not a permanent resident yet? The card is not important; it's when he becomes a permanent resident that is important. It's when Adjustment of Status is approved, or when he enters the US with an immigrant visa, that he becomes a permanent resident.

In many states it takes like 6 months to go through the divorce process. I'm not sure about the exact process where they are.

If they do get divorced (and assuming he is a permanent resident at that point), he should file for Removal of Conditions as soon as the divorce is final. His permanent residency is not automatically lost on divorce, but the government has the right to terminate his conditional permanent residency at any point after divorce (although in practice they never do that); if they don't terminate it, it will continue to be valid until the 2 year mark. But it's still best to file for ROC as soon as the divorce is final in any case (earlier is better).

If they are not acting as a genuine couple, and don't have any marriage of comingling during the years of marriage, then they will have problem passing ROC filed jointly as a still-married couple. In that case, I think it's better to divorce and file ROC based on divorce.

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There was a problem with my husband's A number when I paid the immigrant fee. The USCIS was aware and they fixed it and his green card was mailed . We received the green card with only a small delay. Your friend can call the USCIS and get status and find out if and when the card was mailed.

Edited by LoveMyTico

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







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He already became a permanent resident but doesn't have his card yet because of problems with his card? Or he is not a permanent resident yet? The card is not important; it's when he becomes a permanent resident that is important. It's when Adjustment of Status is approved, or when he enters the US with an immigrant visa, that he becomes a permanent resident.

In many states it takes like 6 months to go through the divorce process. I'm not sure about the exact process where they are.

If they do get divorced (and assuming he is a permanent resident at that point), he should file for Removal of Conditions as soon as the divorce is final. His permanent residency is not automatically lost on divorce, but the government has the right to terminate his conditional permanent residency at any point after divorce (although in practice they never do that); if they don't terminate it, it will continue to be valid until the 2 year mark. But it's still best to file for ROC as soon as the divorce is final in any case (earlier is better).

If they are not acting as a genuine couple, and don't have any marriage of comingling during the years of marriage, then they will have problem passing ROC filed jointly as a still-married couple. In that case, I think it's better to divorce and file ROC based on divorce.

He entered the US on a immigrant visa. So he is a conditional resident but the actual card is not mailed yet due to some processing problem, which is the mistake with the alien number.

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Depending on county of their residence, the divorce proceedings can take many months.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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