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Separation or divorce before Green Card conditions are removed

By hairdresses in Effects of Major Family Changes on Immigration Benefits

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hairdresses Newbie

hairdresses   0

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Filed: Other Country: Poland
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Hi,

I got my 2 year conditional green card in October 2009. Got married a little over a year ago. I still have a year and half to go before I can remove the conditions on my green card and receive my 10 year green card. However, I want to separate from my husband. What is better for my green card?

- Get a divorce now and file by myself.

- Stay married, move out, still file jointly, but have some files missing, like for example tax return from 2010.

Please advice.

thank you

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TracyTN Veteran

TracyTN   237

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Filed: Citizen (apr) Country: United Kingdom
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As long as you can prove the marriage was entered into in good faith, you should have no issues. Of course, it's best to jointly apply, but these types of waivers are approved all the time.

Personally I'd get the divorce decree in hand and then apply when the time comes. Just be sure to accumulate all the paperwork you can before moving out to prove you married in good faith.

The last FAQ here might help

http://www.visajourney.com/faq/k1k2visa-re...tions.html#7.11

As well as this thread

http://www.visajourney.com/forums/index.ph...t=0&start=0

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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Filed: Other Timeline
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Hi,

What is better for my green card?

- Get a divorce now and file by myself.

- Stay married, move out, still file jointly, but have some files missing, like for example tax return from 2010.

Please advice.

thank you

What is better for your Green Card? Is that really your main concern?

Well, you cannot move out and file jointly, as that would be fraud. In order to file jointly, the couple still has to be married (happily) and living together. That leaves you with getting a divorce now and filing by yourself once the divorce is final. You do not have to wait until the 90-day deadline if you are divorced. More precisely, you are expected to file the I-751 immediately once you are divorced.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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Duplicate threads merged and duplicate post removed. It is not necessary to start more than one thread on the same topic.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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