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Penelope09

Divorce before removal of conditions on permanent resident status.

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Filed: Timeline

I have been married for little less than a year but I want to get a divorce :( I know that the removal of condition on my permanent resident status requires at least two years of marriage. Do I have to leave US if I get divorced now?

My marriage has been entered in good faith and we both tried to work things out but it doesn't seem to work...

I would appreciate any information.

----

PLEASE SEE POST #11

Edited by Captain Ewok
add link to important post.

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Filed: Citizen (apr) Country: Brazil
Timeline

moved from k-1 to changes forum.


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Filed: AOS (apr) Country: Philippines
Timeline

I think you have to leave as soon as your 2-yr GC expires.


MY TIMELINE

K-1 Journey

Service Center : California Service Center

Consulate : Singapore

05/21/07 : I-129F Sent

02/24/08 : INTERVIEW

12/12/07 : MEDICAL

01/09/08 : VISA IN HAND

03/06/08 : Arrive in the US, POE - DETROIT

AOS

03/28/08 : Mailed AOS Packet

04/12/08 : Receive NOA's AP, EAD

05/02/08 : BIOMETRICS

06/11/08 : EAD CARD IN THE MAIL!!!

07/02/08 : GREEN CARD PRODUCTION ORDERED

07/07/08 : GREEN CARD IN THE MAIL & WORKING

03/27/09 : Driver's License issued

Removing Condition

04/03/10 : mailed to Vermont

04/08/10 : NOA1 & 1 yr extension

05/20/10 : Biometrics Appt.

11/19/10 : Interview/Approval

.

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Filed: Timeline

All right, thank you.

If I understood well, I wouldn't have to leave the US immediately after getting divorced then, and I will be able to stay here until filing I-751 by myself and then, if I get approved for removal of conditions, I would receive a 10 years valid visa. Did I get it all right?

I really appreciate your time and help.

Thank you.

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Filed: AOS (apr) Country: Australia
Timeline

What kind of visa are you here on CR1? Did you come on K1? If so have you adjusted status yet? Were you approved? Based on your post I am assuming you have a 2 year conditional greencard. You don't have to leave the country just file for divorce and save all the documents (tax returns, medical, etc..) from your marriage because you have to prove you entered the marriage in good faith. You still have to prove you were co mingling your lives before the divorce. You can still remove the conditions if you can prove you entered the marriage in good faith.


TIME LINE 2007

01/12/07-I Fly to Australia

01/25/07-We Got Married!

07/15/07-Point of Entry (K3 Visa)

K3 Time Line for the I-130, I-129F, EAD and AOS

usaCa.gifanimated-hearts.gifaustralC_1xa.gif

Lifting Conditions Timeline

11/06/09- Mailed Petition Via USPS Certified Mail

11/09/09- Your item was delivered at 11:08 AM on November 9, 2009 in LAGUNA NIGUEL, CA 92677.

11/12/09- Check Cashed

11/12/09- Return Receipt Arrives in Mail

11/13/09- Touched

11/16/09- NOA Received

11/27/09- Received Appointment Letter

12/18/09- Biometrics

12/21/09- Touched

01/08/10- Card Production Ordered (E-Mail)

01/09/10- Touched

01/14/10- Greencard Received

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Filed: K-1 Visa Country: Vietnam
Timeline
All right, thank you.

If I understood well, I wouldn't have to leave the US immediately after getting divorced then, and I will be able to stay here until filing I-751 by myself and then, if I get approved for removal of conditions, I would receive a 10 years valid visa. Did I get it all right?

I really appreciate your time and help.

Thank you.

Well, not exactly.

If USCIS finds out about your divorce then they are compelled to take action to terminate your legal residency. The "condition" of your conditional residency is that you remain married for two years. Strictly speaking, you are no longer eligible to be a conditional resident after the divorce. What they would probably do is send you a notice of intent indicating that they are going to start removal proceedings.

You can avoid this by filing the I-751 as soon as you have the final divorce decree. Once you are divorced, you don't have to wait until the 90 day window before your conditional green card expires - you can (and should) file immediately.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline
What kind of visa are you here on CR1? Did you come on K1? If so have you adjusted status yet? Were you approved? Based on your post I am assuming you have a 2 year conditional greencard. You don't have to leave the country just file for divorce and save all the documents (tax returns, medical, etc..) from your marriage because you have to prove you entered the marriage in good faith. You still have to prove you were co mingling your lives before the divorce. You can still remove the conditions if you can prove you entered the marriage in good faith.

I entered on K1, adjusted my status and am in possession of 2 year conditional green card. I believe I shouldn't have problems with proving that we entered the marriage in good faith - we have a lot of pictures, couple documents, a lot of people who knew us as a couple. I hope it will be enough. Thank you for your help.

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Filed: Citizen (apr) Country: Venezuela
Timeline
I entered on K1, adjusted my status and am in possession of 2 year conditional green card. I believe I shouldn't have problems with proving that we entered the marriage in good faith - we have a lot of pictures, couple documents, a lot of people who knew us as a couple. I hope it will be enough. Thank you for your help.

One important thing for USCIS in this type of cases is the Tax Returns (official IRS transcripts), don't forget to send that of every year completed with your husband/wife. Also any lease, loan, bank account, credit card is good prove of good faith. I have seen a lot other users with RFE (Request for aditional Evidence) requesting those documents.

And try to complete the divorce ASAP and get the divorce papers. That way you can send your I-751 (waiver option) as soon as your divorce is final. As others wrote here, you don't need to wait to complete 2 years with your conditional card.

Good luck.


05/25/10 - N-400 package delivered in Phoenix, AZ

06/04/10 - Check cashed

06/10/10 - NOA received

06/16/10 - Case available online

06/17/10 - Case online showing RFE (Biometrics notice) sent on 06/16/10

06/21/10 - Biometrics Letter Received

07/08/10 - Biometrics appointment

07/07/10 - Walk in Biometrics

08/06/10 - Email / Text for for new case status: "Test and Interview"

08/09/10 - Interview Appointment letter received for 09/13/10

09/13/10 - Interview Approved!

09/13/10 - Same Day Ceremony! I am a US Citizen!

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Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Edited by TracyTN

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Filed: K-1 Visa Country: Vietnam
Timeline
Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$$! :D


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (apr) Country: Australia
Timeline
Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$$! :D

LMFAO I agree with that!


TIME LINE 2007

01/12/07-I Fly to Australia

01/25/07-We Got Married!

07/15/07-Point of Entry (K3 Visa)

K3 Time Line for the I-130, I-129F, EAD and AOS

usaCa.gifanimated-hearts.gifaustralC_1xa.gif

Lifting Conditions Timeline

11/06/09- Mailed Petition Via USPS Certified Mail

11/09/09- Your item was delivered at 11:08 AM on November 9, 2009 in LAGUNA NIGUEL, CA 92677.

11/12/09- Check Cashed

11/12/09- Return Receipt Arrives in Mail

11/13/09- Touched

11/16/09- NOA Received

11/27/09- Received Appointment Letter

12/18/09- Biometrics

12/21/09- Touched

01/08/10- Card Production Ordered (E-Mail)

01/09/10- Touched

01/14/10- Greencard Received

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Been meaning to bring up this article in this forum - interesting information about just this situation.

http://www.ilw.com/articles/2009,0924-lee.shtm

ETA quote from the article (which cites a USCIS memorandum), "The importance of the memorandum is to allow conditional permanent residents who are only separated or in divorce or annulment proceedings to timely file for a waiver based upon a bonafide yet terminated marriage by themselves without having to ask the U.S. citizen spouse to sign a joint petition, and to later provide evidence of final marriage termination upon receipt of a request for evidence from U.S.C.I.S. It also gives immigration service officers the authority to amend the basis of I-751 filing rather than making conditional permanent residents refile and pay new fees for another I-751. These are welcome changes."

Bookmarked! Very cool!

So, 87 days to respond to the RFE, plus whatever time it takes USCIS to even get around to adjudicating the I-751 and sending the RFE notice - 9 or 10 months "breathing room" to get the final divorce! This is one area where a divorcing immigrant should hope that USCIS continues dragging their a$! :D

I know, right?? :lol:

I asked Krikit about possibly getting that article pinned in this forum. We have questions like this several times a day (and not just in this forum either - often times in the removing conditions forum itself).


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