Applied to remove conditions but thinking divorce

[koat 0]

So a friend of mine who dated this chick for like 5-7 years and was married to her like 3 years is thinking about divorce, his removal of conditions was sent to vermont center about 3 months ago. What does he do? He won't be able to divorce her fast: it seems like the fastest will be about 3 months.

They still live together like friends now, but she will move out when she finds another job. So the problem is: divorce will happen in about 3 months if everything goes "well", but what to do about the removal of conditions application? Leaving it like that is fraud, right? So what's the normal process to pursue? How can you even pursue anything without divorce decree? Do you just send a letter to them tell them to suspend the process for now or what?

[Rings 10]

It will probably be approved well before the divorce decree can be provided by the courts. Not much you can do except divorce when you can and if they are approved before hand... well.... not much you can do but keep the greencard until you have to renew it in 10 years.

[Jamaican JNR 2]

So a friend of mine who dated this chick for like 5-7 years and was married to her like 3 years is thinking about divorce, his removal of conditions was sent to vermont center about 3 months ago. What does he do? He won't be able to divorce her fast: it seems like the fastest will be about 3 months.

They still live together like friends now, but she will move out when she finds another job. So the problem is: divorce will happen in about 3 months if everything goes "well", but what to do about the removal of conditions application? Leaving it like that is fraud, right? So what's the normal process to pursue? How can you even pursue anything without divorce decree? Do you just send a letter to them tell them to suspend the process for now or what?

If the divorce is finalized before the removal of condition, it will pose a problem. You can either file to lift the conditions together if you are married or do it alone when divorced;

[Rings 10]

They already filed together to remove the condition. It will take approximately 6 months from the date they filed until approval. The soonest they can divorce is 3 months.... it will be approved well before the divorce surely.

[koat 0]

They already filed together to remove the condition. It will take approximately 6 months from the date they filed until approval. The soonest they can divorce is 3 months.... it will be approved well before the divorce surely.

Well, my question is... isn't it illegal? For example, I know it is rare, but if they are called for an interview, what are they supposed to tell them? Sorry, we are about to start divorce process?

If the divorce is finalized before the removal of condition, it will pose a problem. You can either file to lift the conditions together if you are married or do it alone when divorced;

What you're saying is why I'm asking the question: I don't think he wants to have problems in the future because the card was approved after the divorce or something like that. What is the process AFTER you filed together?

[Rings 10]

They filed the paperwork together to remove the conditions. If they have good evidence like tax transcripts, rental leases, shared property, etc.. that they submitted with the petition to prove that they enetered the marriage in "good faith" and if they provided enough documentation to prove they are "merging" they lives, then the USCIS may not even ask them for an interview....it really depends on what they sent them as proof that they were together.

If they do not have enough proof then they may call them for an interview in which case they would have to go to that interview together. You can change the way you file the removal of conditions if they call you for an interview. You can tell them that you are now separated, but then you would get the RFE for the divorce decree....but only if they ask for the interview.

If you get an interview all they would have to do is start divorce proceedings and it would be fine. You don't have to do that unless you are called for the interview really. It's not "against" the law to separate during the removal of conditions proceedings.

[koat 0]

They filed the paperwork together to remove the conditions. If they have good evidence like tax transcripts, rental leases, shared property, etc.. that they submitted with the petition to prove that they enetered the marriage in "good faith" and if they provided enough documentation to prove they are "merging" they lives, then the USCIS may not even ask them for an interview....it really depends on what they sent them as proof that they were together.

If they do not have enough proof then they may call them for an interview in which case they would have to go to that interview together. You can change the way you file the removal of conditions if they call you for an interview. You can tell them that you are now separated, but then you would get the RFE for the divorce decree....but only if they ask for the interview.

If you get an interview all they would have to do is start divorce proceedings and it would be fine. You don't have to do that unless you are called for the interview really. It's not "against" the law to separate during the removal of conditions proceedings.

Yeah, they owned a house together for 2 years, sent transcripts, bills, pics. Thanks for the feedback.

[Rings 10]

If their evidence was sufficient they will be approved without interview in most cases... not all, but most. This would happen well before the divorce went through officially.

Edited December 1, 2009 by Rings