Divorcing and filing

[seng 0]

My 2 year green card will expire by the end of this year and now is time for me to file i-751.

The problem is that we (me and my hubby) are also fixing to file for divorce next week. I am aware that i can remove conditions by myself after the divorce has been finalized but i am not sure if the divorce will be over any time soon.

Should i just go ahead and file as "married" or wait for the divorce decree.

What would happen if i was required to go for an interview and my marital status changed.

I understand every case is different and i already know everything i need to know on filing as a divorcee. i guess, the point me this is just to vent and seek some reassurance. This is a very difficult and complicated situation and my husband isn't very cooperative. I would like to stay here as i have a dog, friends, an alright job that pays the rent but if this is not working out, i'll definitely go back to my country. Having to go thru the immigration process has caused me nothing but headaches for the past 2-3 years, and now a divorce on top of that...pretty frustrating. i cant believe this is happening I am too young for this really. I'll prolly end up in a psych ward or something for being emo.

[JimVaPhuong 4,863]

My 2 year green card will expire by the end of this year and now is time for me to file i-751.

The problem is that we (me and my hubby) are also fixing to file for divorce next week. I am aware that i can remove conditions by myself after the divorce has been finalized but i am not sure if the divorce will be over any time soon.

Should i just go ahead and file as "married" or wait for the divorce decree.

What would happen if i was required to go for an interview and my marital status changed.

I understand every case is different and i already know everything i need to know on filing as a divorcee. i guess, the point me this is just to vent and seek some reassurance. This is a very difficult and complicated situation and my husband isn't very cooperative. I would like to stay here as i have a dog, friends, an alright job that pays the rent but if this is not working out, i'll definitely go back to my country. Having to go thru the immigration process has caused me nothing but headaches for the past 2-3 years, and now a divorce on top of that...pretty frustrating. i cant believe this is happening I am too young for this really. I'll prolly end up in a psych ward or something for being emo.

If you file as "married" (check box "a" in part 2 of the I-751) then you and your husband must both sign the form. If you get called in for an interview, then you must both attend. If your husband is willing to do this for you, then this would be the easiest route. You don't need to have a happy marriage in order to file jointly. In fact, your marriage can be falling apart, and you can still file jointly, and you can even be honest with the IO about your collapsing marriage, or even your intention to divorce. The only thing that's required is that you can prove you entered the marriage in good faith, and that your USC spouse is willing to help you prove that. If your divorce is finalized after you submit the petition, but before it is approved, then you should withdraw the petition and resubmit based on the divorce.

If your husband isn't willing to cooperate, then you've got a problem. If you ask for a waiver of the joint filing requirement based on divorce (check box "d" in part 2 of the I-751), then you'll need to provide a copy of the divorce decree along with your evidence of good faith marriage. If you don't provide the divorce decree, then you'll get an RFE for it. If you don't respond to the RFE in time, then you'll be out of status, and removal proceedings will be started.

If you don't file at all, and just try to wait for the divorce decree, then you'll be out of status as soon as your conditional green card expires, and removal proceedings will be started.

If you DO end up in removal proceedings, and you've already filed for the divorce, you can ask the immigration judge to postpone the proceedings until your divorce is final. This request is almost always granted. Once you get the divorce decree, then you can submit it with your petition and remove conditions.

Some attorneys recommend filing with a waiver request for extreme hardship (check box "g" in part 2 of the I-751). Unless you have a legitimate hardship that would qualify you for the waiver (highly unlikely), then the waiver will almost certainly be denied. However, it might buy you enough time to complete the divorce and get the divorce decree. Once you have the divorce decree, you can withdraw the hardship waiver petition and resubmit based on the divorce.