Removal of conditions filed and divorce

[Chris and Mariana 0]

My wife and I filed the I-751 earlier this year and biometrics were done. Sice then we have seperated and after therapy things are going nowhere. Finally divorce is looking like our only option left.

From looking at timelines I would guess she would have her visa in 3-4 months. If we hava an interview we aren't planning on hiding anything, but it looks like we probably won't have an interview.

My question is, what should we do if we decide to divorce befor she gets her visa? Divorce in Texas takes at least 3 months to get a divorce decree in order for her to file for removal of conditions on her own. Basicaly if we filed for divorce today she would probably have the visa before the divorce decree.

We filed the I-751 befor our marital problems arose and well befor we seperated. So we filed honestly. I just don't know what to do know? Any advise is appretiated.

[Bobby+Umit 161]

She can file for herself if she is divorced, or you two can go to the interview together, even seperated/going through divorce to remove the conditions.

USCIS is suppose to allow the benificiary the chance to use their existing 751 instead for re-filing a new one (regardless of divorce) - you would have to contact your local office and see if they are doing that now. (suppose to be doing it Summer 2009)

So as long as you two can show the marriage was entered in good faith, no issues. Her sponsor will still be on the hook for means tested benifits though.

[Killer_Clown_2009 0]

If I were in your position, I would not do anything. Chances are the green card will just be approved. If you get called to an interview, go in and be honest (as you stated above).

[diadromous mermaid 36]

Just for clarification, she is not seeking a visa. The I-751 stage is the removal of conditions on the green card. If you divorce prior to adjudication on the jointly-filed I-751, then she must withdraw the joint application and replace it with a waiver.

My wife and I filed the I-751 earlier this year and biometrics were done. Sice then we have seperated and after therapy things are going nowhere. Finally divorce is looking like our only option left.

From looking at timelines I would guess she would have her visa in 3-4 months. If we hava an interview we aren't planning on hiding anything, but it looks like we probably won't have an interview.

My question is, what should we do if we decide to divorce befor she gets her visa? Divorce in Texas takes at least 3 months to get a divorce decree in order for her to file for removal of conditions on her own. Basicaly if we filed for divorce today she would probably have the visa before the divorce decree.

We filed the I-751 befor our marital problems arose and well befor we seperated. So we filed honestly. I just don't know what to do know? Any advise is appretiated.

[Chris and Mariana 0]

Just for clarification, she is not seeking a visa. The I-751 stage is the removal of conditions on the green card. If you divorce prior to adjudication on the jointly-filed I-751, then she must withdraw the joint application and replace it with a waiver

Does divorce, according to USCIS and for their puposes, mean seperated and filing for divorce or an actual final divorce decree. i.e. do we have to withdraw the joint app since we are filing for divorce. I know she cannot file the waiver until after we recieve the final divorce decree.

Thankyou for your responses it has been very helpful.

[diadromous mermaid 36]

Technically, an alien that submits a joint petition with a USC spouse, who later separates and finds him/herself in the throes of divorce should notify the Service Centre in writing. Presumably, this is to place USCIS on alert that the marriage is in a terminal state.

Does divorce, according to USCIS and for their puposes, mean seperated and filing for divorce or an actual final divorce decree. i.e. do we have to withdraw the joint app since we are filing for divorce. I know she cannot file the waiver until after we recieve the final divorce decree.

Thankyou for your responses it has been very helpful.

Edited June 3, 2009 by diadromous mermaid