Who should file for divorce?

[Standalone 0]

While someone have a conditional green card for about a year and the marriage is falling apart, does it matter to the USCIS who files for divorce? I mean is it bad if the GC holder files? What's the best advice you can give to someone who is a conditional GC holder and his marriage is simply incurable?

Thank you.

[NArocks 13]

If you as the GC holder are unhappy and have dome all in your power to salvage the marriage then by all means file fro divorce. USCIS is only interested in if the marriage was a bonafide marriage to start with and not for immigration ( GC ) purpose only

[Otto 83]

For the most part - USCIS is not going to be interested in who the Petitioner or Respondent/Defendant are although the reason for the divorce could potentially be of importance.

[diadromous mermaid 36]

It doesn't matter except that in a case where it might be a protracted divorce, and a case where divorce proceedings could extend well beyond the 2 year filing deadline for the I-751 to remove conditions. Bear in mind that if the alien misses the deadline, he or she must be able to demonstrate that he/she is not at fault for an untimely submission of a waiver. If the USC is the one to petition for divorce, USCIS recognizes that an alien is not in control of that, and it could occur a day before the deadline and the alien would have little control and no fault in suddenly being placed in a position where a joint petition is no longer possible, yet a divorce decree will not be available for some time. It's for this reason that if the alien is the one to petition for divorce, he or she note that it has to be wrapped up and a decree available 90 days prior to the expiry date on the GC>

While someone have a conditional green card for about a year and the marriage is falling apart, does it matter to the USCIS who files for divorce? I mean is it bad if the GC holder files? What's the best advice you can give to someone who is a conditional GC holder and his marriage is simply incurable?

Thank you.

[NutMagnet 2]

While someone have a conditional green card for about a year and the marriage is falling apart, does it matter to the USCIS who files for divorce? I mean is it bad if the GC holder files? What's the best advice you can give to someone who is a conditional GC holder and his marriage is simply incurable?

Thank you.

What would be of concern is the laws of the aliens' home country regarding divorce. Given the alien is still a citizen of their home country the are in most cases still governed by the laws of their own country.

You did not give the nationality of the person's country but I will give you an example. In Philippines, a foreign divorce is only recognized if the foreigner is the one to petition for divorce.

Hopefully you can encourage them to get counseling and save their marriage.