we're divorced, now what?

[confuseddd 0]

Sadly, my husband and I are divorced. He came on a K-1 visa, received a conditional green card, and we divorced shortly there after. Do one of us need to notify USCIS of our divorce? Or should I just leave everything as is? I want to make sure I do everything right.

What are his chances of getting a 10-year green card if he has ZERO evidence to submit? I don't know if he will even try or not, or if he is even still in the country, but I am just asking out of pure curiousity.

Thanks in advance.

Edited August 24, 2009 by confuseddd

[Dakine 26]

Sadly, my husband and I are divorced. He came on a K-1 visa, received a conditional green card, and we divorced shortly there after. Do one of us need to notify USCIS of our divorce? Or should I just leave everything as is? I want to make sure I do everything right.

What are his chances of getting a 10-year green card if he has ZERO evidence to submit? I don't know if he will even try or not, or if he is even still in the country, but I am just asking out of pure curiousity.

Thanks in advance.

He can apply to remove conditions anytime he wants. He will have to prove he married with good faith and not for immigration purposes.

Edited August 24, 2009 by Haole

[AbbynSheryl 0]

Sadly, my husband and I are divorced. He came on a K-1 visa, received a conditional green card, and we divorced shortly there after. Do one of us need to notify USCIS of our divorce? Or should I just leave everything as is? I want to make sure I do everything right.

What are his chances of getting a 10-year green card if he has ZERO evidence to submit? I don't know if he will even try or not, or if he is even still in the country, but I am just asking out of pure curiousity.

Thanks in advance.

He can apply to remove conditions anytime he wants. He will have to prove he married with good faith and not for immigration purposes.

i agree

abby n sheryl

[confuseddd 0]

He can apply to remove conditions anytime he wants. He will have to prove he married with good faith and not for immigration purposes.

Thanks for the info, but I already know he can now apply to remove the conditions on his own. My question was if anyone knew of his chances of being approved with no proof of our marriage other than what was already submitted in the K-1 and AOS filing times?

Also I want to know if I need to notify USCIS of our divorce. Thanks again.

[JimVaPhuong 4,863]

He can apply to remove conditions anytime he wants. He will have to prove he married with good faith and not for immigration purposes.

Thanks for the info, but I already know he can now apply to remove the conditions on his own. My question was if anyone knew of his chances of being approved with no proof of our marriage other than what was already submitted in the K-1 and AOS filing times?

Also I want to know if I need to notify USCIS of our divorce. Thanks again.

A marriage certificate is proof you were married. What he needs is proof that the marriage was entered into in good faith - "bona fides", as they are called. This is stuff like proof the two of you lived together (both names on lease, etc.), co-mingled assets (joint bank accounts, billing statements, etc.), statements from third parties testifying to the validity of the relationship, and on and on. If he hasn't got any of this stuff, then there's not much chance he'll be able to remove conditions on his own.

You aren't required to notify USCIS, but you probably should. Technically, his conditional green card became invalid when your divorce was final. The "condition" on his conditional card is that he remain married to you. He's supposed to be keeping USCIS notified of his residence. USCIS could decide to send him notice of intent to start removal proceedings, which would prompt him to file to remove conditions along with a petition for a waiver of the joint filing requirement right away. They would only do this if they are aware of the divorce. Otherwise, they won't be expecting to hear from him until the 90 day window before his green card expires.

If he manages to remove conditions on his own then you're still on the hook for the affidavit of support. However, if he doesn't (and it sounds like he won't be able to) then he'll be forced to leave the US, and you won't have to worry about the affidavit anymore. For your own protection, you should probably notify USCIS about the divorce.

[confuseddd 0]

Thank you so much for the great response. That is exactly what I was looking for.

As far as I know he didn't notify USCIS of his new address when he moved out. I called to tell them but they wouldn't allow me to give his address. They said HE had to be the one to do it. I guess I can submit a copy of our divorce judgement and let them know of his last known address anyway in writing. What happens next is out of my hands. Thanks again.