Divorce after Conditional Green Card

[Formulaone 0]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

[SuperDuper! 230]

DIVORCE ALREADY. OUR SYMPATHIES.

[rmncm 0]

Divorce and leave the country.

[sh18 3]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

First of all, rmncm, if you have nothing smart to say you should keep quiet.

Formulaeone, you can just wait till you're divorced and then apply to remove conditions without your husband. Just make sure and get divorce finalized before your card expires.

[JimVaPhuong 4,863]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

You can self-petition to have the conditions removed, provided you can prove you entered the marriage in "good faith" and not for immigration purposes. Basically, you have to prove you had a real marriage before it deteriorated. This usually means evidence like joint financial accounts, joint insurance policies, both names on the household bills, etc. Statements from friends who knew both of you when your marriage will still intact can also help.

The general requirement is that the divorce must be final - not pending or legally separated - at the time you file the I-751. If the divorce is final before the 90 day window before your conditional green card expires, then you should file the I-751 right away, since technically your conditional residency status expires when the marriage ends. If your conditional green card is about to expire and you don't have a final divorce yet, then go ahead and file the I-751 in the 90 day window, check the box asking for the waiver based on divorce, and provide your evidence of good faith marriage. When USCIS gets around to adjudicating your petition they'll send you an RFE for the divorce decree. Hopefully, your divorce will be final by then. If not, you'll probably go into removal proceedings, but you can ask the immigration judge for a continuance while you wait for the divorce to be finalized.

Good luck.

[Krikit 1,163]

Moving from Removing Conditions to Effects of Major Changes.

[rmncm 0]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

First of all, rmncm, if you have nothing smart to say you should keep quiet.

Formulaeone, you can just wait till you're divorced and then apply to remove conditions without your husband. Just make sure and get divorce finalized before your card expires.

flexrukcufog

Edited December 3, 2009 by rmncm

[Formulaone 0]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

You can self-petition to have the conditions removed, provided you can prove you entered the marriage in "good faith" and not for immigration purposes. Basically, you have to prove you had a real marriage before it deteriorated. This usually means evidence like joint financial accounts, joint insurance policies, both names on the household bills, etc. Statements from friends who knew both of you when your marriage will still intact can also help.

The general requirement is that the divorce must be final - not pending or legally separated - at the time you file the I-751. If the divorce is final before the 90 day window before your conditional green card expires, then you should file the I-751 right away, since technically your conditional residency status expires when the marriage ends. If your conditional green card is about to expire and you don't have a final divorce yet, then go ahead and file the I-751 in the 90 day window, check the box asking for the waiver based on divorce, and provide your evidence of good faith marriage. When USCIS gets around to adjudicating your petition they'll send you an RFE for the divorce decree. Hopefully, your divorce will be final by then. If not, you'll probably go into removal proceedings, but you can ask the immigration judge for a continuance while you wait for the divorce to be finalized.

Good luck.

Thank you so much for your response.

My spouse is considering annulment.

If I sign for an annulment can I still file for the I-751 alone?

Please get back to me soon.

[JimVaPhuong 4,863]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

You can self-petition to have the conditions removed, provided you can prove you entered the marriage in "good faith" and not for immigration purposes. Basically, you have to prove you had a real marriage before it deteriorated. This usually means evidence like joint financial accounts, joint insurance policies, both names on the household bills, etc. Statements from friends who knew both of you when your marriage will still intact can also help.

The general requirement is that the divorce must be final - not pending or legally separated - at the time you file the I-751. If the divorce is final before the 90 day window before your conditional green card expires, then you should file the I-751 right away, since technically your conditional residency status expires when the marriage ends. If your conditional green card is about to expire and you don't have a final divorce yet, then go ahead and file the I-751 in the 90 day window, check the box asking for the waiver based on divorce, and provide your evidence of good faith marriage. When USCIS gets around to adjudicating your petition they'll send you an RFE for the divorce decree. Hopefully, your divorce will be final by then. If not, you'll probably go into removal proceedings, but you can ask the immigration judge for a continuance while you wait for the divorce to be finalized.

Good luck.

Thank you so much for your response.

My spouse is considering annulment.

If I sign for an annulment can I still file for the I-751 alone?

Please get back to me soon.

Yes. The grounds for the waiver request are divorce OR annulment.

[Formulaone 0]

Hi All,

My marriage has deteriorated considerably and both parties are thinking about divorce.

I am the non US citizen and my US citizen spouse is planning to divorce me.

What will happen to me if I get divorced now?

You can self-petition to have the conditions removed, provided you can prove you entered the marriage in "good faith" and not for immigration purposes. Basically, you have to prove you had a real marriage before it deteriorated. This usually means evidence like joint financial accounts, joint insurance policies, both names on the household bills, etc. Statements from friends who knew both of you when your marriage will still intact can also help.

The general requirement is that the divorce must be final - not pending or legally separated - at the time you file the I-751. If the divorce is final before the 90 day window before your conditional green card expires, then you should file the I-751 right away, since technically your conditional residency status expires when the marriage ends. If your conditional green card is about to expire and you don't have a final divorce yet, then go ahead and file the I-751 in the 90 day window, check the box asking for the waiver based on divorce, and provide your evidence of good faith marriage. When USCIS gets around to adjudicating your petition they'll send you an RFE for the divorce decree. Hopefully, your divorce will be final by then. If not, you'll probably go into removal proceedings, but you can ask the immigration judge for a continuance while you wait for the divorce to be finalized.

Good luck.

Thank you so much for your response.

My spouse is considering annulment.

If I sign for an annulment can I still file for the I-751 alone?

Please get back to me soon.

Yes. The grounds for the waiver request are divorce OR annulment.

Thank you so much once again for your feedback.

Do you know how much a lawyer would typically charge to handle a case like mine?

Also, is a divorce better than an annulment in this case?