Divorce after removal of conditions

[Joshua Kaufman 1]

My wife immigrated to the United States with her step-son in late 2007, but we have been separated for about 1.5 years. When filing the I-751, I stated that we currently have separate addresses. However, with the understanding that she's in graduate school, USCIS thankfully granted her removal of conditions without any request for evidence (divorce papers). We plan to file for divorce within California in the next month. My questions at this point: how will this affect her green card? Do we need to notify USCIS once the divorce has been finalized?

Thanks for your help!

[v333k 59]

My wife immigrated to the United States with her step-son in late 2007, but we have been separated for about 1.5 years. When filing the I-751, I stated that we currently have separate addresses. However, with the understanding that she's in graduate school, USCIS thankfully granted her removal of conditions without any request for evidence (divorce papers). We plan to file for divorce within California in the next month. My questions at this point: how will this affect her green card? Do we need to notify USCIS once the divorce has been finalized?

Thanks for your help!

It looks like USCIS misunderstood your statement as you indicated. Once ROC is granted and a 10-year GC is issued, then your wife is a LPR and I don't think you need to inform them of the divorce. The only thing that it will affect is her ability to naturalize after 3 years. She needs to wait for 5 years to do so.

[Brother Hesekiel 2,235]

Filing a joint ROC petition when the couple is separated, is a textbook case of immigration fraud, plain and simple. If this ever comes out--and things like this oftentimes have a life of their own--you are in serious legal trouble and the ex-wife will have her day in court as well, after which she and the young one will be boarding a plane back to Germany with a lifetime ban to ever visit the US again, attached.

There is really no other way to say it than just say it. We're talking felony here.

[Joshua Kaufman 1]

Filing a joint ROC petition when the couple is separated, is a textbook case of immigration fraud, plain and simple.

Hold on here. I never had the intention of committing fraud (we followed all the rules and never planned on separating), and I was advised by an immigration lawyer to jointly file and then convert to a waiver. This advice was based on a USCIS memo that the lawyer provided to me. I clearly stated that we had separate addresses on the I-751. I was told that the best case is that they will remove conditions without asking any questions, which is what happened. Our divorce won't be finalized for at least a few more months.

In any case, I want to do the right thing. I realize that the consequences could be dire if I screw up, which is why I posted to the forum. So while I appreciate your warning, the doomsday tone isn't exactly helpful to my situation. Do you have any practical advice?

[Abhay 15]

I think you are fine, since you will be filing for divorce after the conditions have been removed. This will not affect her green card since the new green card is not under any conditions. The only thing is that you future ex-wife can file for citizenship after 5 years instead of 3 if you were still married. There is no need to inform USCIS with anything, unless you want to show them that this was all a fraud and she is responsible for it. But from what I gather you are probably worried that she might have issues with her green card not being valid anymore. That is not the case and even after the divorce her green cars status will be maintained.

[v333k 59]

Hold on here. I never had the intention of committing fraud (we followed all the rules and never planned on separating), and I was advised by an immigration lawyer to jointly file and then convert to a waiver. This advice was based on a USCIS memo that the lawyer provided to me. I clearly stated that we had separate addresses on the I-751. I was told that the best case is that they will remove conditions without asking any questions, which is what happened. Our divorce won't be finalized for at least a few more months.

In any case, I want to do the right thing. I realize that the consequences could be dire if I screw up, which is why I posted to the forum. So while I appreciate your warning, the doomsday tone isn't exactly helpful to my situation. Do you have any practical advice?

Hi Joshua,

Just Bob likes to keep things clear and simple, and he doesn't like to beat around the bush. His tone might be, as you described it, "doomsday-ish", but he had a good point.

However, now that you mention what you did, how you did, and what procedures you followed, then I will reiterate my comment that I think you should be OK.

[Brother Hesekiel 2,235]

Joshua,

I never thought you are a bad guy, and I still believe that you only tried to do what's best for your wife. But that doesn't change a thing.

What I'm outlining is the legal aspect of the ROC process. If you filed jointly at a point when you and your wife were already separated, you committed--perhaps unknowingly--immigration fraud. It's a mute point to explore the intent at this point. "I'm sorry, your honor, I didn't know that it's illegal to [insert offense here]" gets you only so far, whether it's a red traffic light or something much more severe.

Was your petition converted from a jointly filed one to a singularly filed one involving a waiver or not? Or did you present the fact that you and your wife are living at different addresses purely based on the fact that she was attending school?

No need to answer me, but if USCIS made a mistake, it's because they were LED to BELIEVE by your jointly filed petition that your marriage was still intact and you lived only temporarily apart based on the aforementioned fact. And the fact that you filed jointly when it was prohibited to do so, whether due to ill-advise by your lawyer or just due to the fact that you wanted to "help out" your wife in getting her unrestricted green card without any fuss, don't change a thing. If you don't believe me write a letter to USCIS and tell' em that you and your wife were already separated by the time you submitted the I-751 and watch the drama of your wife losing her residency unfold in front of your eyes.

Again, I'm not trying to beat you up here, even if what I say is harsh, but the immigration people have zero humor when it comes to misrepresentation of an immigrant.

I maintain that if this ever comes out, most likely case would be at the N-400 stage when they look at the entire case once again, the brown stuff will hit the fan and it won't be pretty. A dealchanger, literally.

Most likely this will never come out though, so let the dead rest in peace.

Edited July 23, 2010 by Just Bob

[Annuta 0]

Hi, I just want to make it clear: a separated couple CAN file the I-751 Form jointly if the USC spouse is willing to sign. You can easily find necessary information online (USCIS Memorandums). Then, the notice was given along with the form about separate addresses. Isn't it a disclosure that people lived separate? If the application was approved even with such a notice- where is the fraud? I think they are pretty much OK.

[jkD 0]

To summarize. You should be fine. Your ex should be fine too. Once she has her permanent GC, leave it at that. And just to make you guilt free, you did not commit any fraud. You were married and not legally seperated / divorced at the time of filing. If USCIS saw your evidence and approved her, it means that you guys provided enough proof of bona fide marriage. Now what you do with your relationship is irrelevant to USCIS ( unless she is planning for file for citizenship and you are helping her ).

Word of caution : If you are legally seperated but helping her file for citizenship, that might cause USCIS to raise eyebrows.

[sasaqlain 24]

v333k is right, but I must agree with Just Bob. And like he said, Let the Dead Rest In Peace.

Maybe during the N-400 process, it might raise eyebrows, but then thats a bit far away since your spouse won't be filing based on marriage. Good Luck

[Eric-Pris 1,602]

My wife immigrated to the United States with her step-son in late 2007, but we have been separated for about 1.5 years. When filing the I-751, I stated that we currently have separate addresses. However, with the understanding that she's in graduate school, USCIS thankfully granted her removal of conditions without any request for evidence (divorce papers). We plan to file for divorce within California in the next month. My questions at this point: how will this affect her green card? Do we need to notify USCIS once the divorce has been finalized?

Thanks for your help!

I agree with "Just Bob" here. CIS was dooped into thinking that they had separate addresses due to her being in graduate school, when in fact they had already been separated for 1.5 years and only staying together long enough for her to get the 10-yr greencard.

C'mon, lets tell it how it is.

[Joshua Kaufman 1]

CIS was dooped into thinking that they had separate addresses due to her being in graduate school, when in fact they had already been separated for 1.5 years and only staying together long enough for her to get the 10-yr greencard.

She's attending school in the same (not large) city: San Francisco. It wouldn't make any sense for them to assume we had separate addresses due to her being in graduate school. We never planned "only staying together long enough for her to get the 10-yr greencard. We consulted a lawyer who advised us to do exactly what we did: we just happened to get the best case scenario.

[sasaqlain 24]

I wonder if you two ever get caught, that lawyer will admit to advising you to commit fraud and lie to the USCIS.