Jump to content
Sign in to follow this  

What Happens After a Divorce.... ?

2 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: England

Here's the situation;

I came into the US on a K-1 Visa and married my then g/f about 2 years ago. I received my green card about 15 months ago and have to wait 6 months to apply to remove the conditions. According to this site, it's takes about 6 months for the I-751 to be processed thus in about a year, my GC will be unconditional as opposed to being conditional as it is right now.

I have found some info here;


about what to do in case of a divorce.

Whilst my wife and I aren't even close to getting a divorce, we seem to be drifting apart and I'm worried that if we did divorce, I'm going to have to leave. Like many people, I now have a life here complete with apt, car, job, friends, etc so I obviously don't want to leave.

I'm interested if anyone can testify to the advice given in the link above and if anybody has actually been through this.

Thanks in advance

Share this post

Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam

The article is basically correct, but it contains several technical errors. For example, it confuses conditional permanent residence with a green card being issued, implying that someone with a green card cannot be a conditional permanent resident. As you are undoubtedly aware, conditional permanent residents also get a green card.

The article also states that the a final divorce automatically terminates conditional permanent residence. The law goes a little further and says that USCIS will take steps to terminate conditional permanent residence if they discover that the conditional permanent resident has divorced. Those steps begin with a notice of intent from USCIS. So, termination of conditional permanent residence is not automatic. USCIS must first discover the divorce, and then begin the termination process. In the overwhelming majority of cases, USCIS doesn't learn about a divorce until they receive an I-751 from a conditional permanent resident asking for a waiver of the joint filing requirement based on divorce. USCIS isn't receiving automatic updates from divorce courts around the country.

If your marriage ends in divorce then you can self-petition to remove conditions, as the article states, if you can provide evidence you entered the marriage in good faith. This generally means evidence you lived as a married couple, at least until the marriage began to deteriorate. If you're in the midst of a divorce when it comes time to file your I-751 then you must file it on time, even if you don't yet have the divorce decree. USCIS will eventually send an RFE for the divorce decree, which will usually give you several more months to complete the divorce.

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!

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...