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AnythingButCommon

Divorce Before Condition removal

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Hi Everyone,

Visajourney was useful when I filed my Green card on marriage based.

But Life is suck and I am here again for unusual reason. Here is my story.

I was on student visa.

I got married in march 2011. Got my green card in October 2011. Everything was working fine.

I relocate in October 2011 for work purpose to other state and my spouse (US citizen) was there in old state because she was studying there.

We decided that this summer she will get transfer here. But just before one month(April 2012) she suddenly called me and asked for divorce.

I was socked because nothing actually happened, I visited here 1 week ago. I tried to work out but she don't want it to working out.

Now we are about to get divorce.

I read other forum's article and found that I have to file for remove condition(I-751) on my green card.

Can you guys please help me about what options I have?

I have following documents in combine.

1) Bank Account(14 months old)

2) medical insurance (2 months old)

3) Join tax return (for 2012)

4) Pictures

5) Gift cards

6) Joint Car insurance (till March 2012)

Are above documents good enough to file that?

Is there any negative effect that we were not living together for last 6 months?

Can I travel to other country during that time?

What will happen if my application get denied?

Do I have to hire lawyer for that?

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Follow this thread:

http://www.visajourney.com/forums/topic/220094-divorce-before-removal-of-conditions-on-permanent-resident-status/

You will need to remove conditions on your own, not jointly. File for a divorce, you will need that divorce decree.


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Hi Everyone,

Visajourney was useful when I filed my Green card on marriage based.

But Life is suck and I am here again for unusual reason. Here is my story.

I was on student visa.

I got married in march 2011. Got my green card in October 2011. Everything was working fine.

I relocate in October 2011 for work purpose to other state and my spouse (US citizen) was there in old state because she was studying there.

We decided that this summer she will get transfer here. But just before one month(April 2012) she suddenly called me and asked for divorce.

I was socked because nothing actually happened, I visited here 1 week ago. I tried to work out but she don't want it to working out.

Now we are about to get divorce.

I read other forum's article and found that I have to file for remove condition(I-751) on my green card.

Can you guys please help me about what options I have?

I have following documents in combine.

1) Bank Account(14 months old)

2) medical insurance (2 months old)

3) Join tax return (for 2012)

4) Pictures

5) Gift cards

6) Joint Car insurance (till March 2012)

Are above documents good enough to file that?

Is there any negative effect that we were not living together for last 6 months?

Can I travel to other country during that time?

What will happen if my application get denied?

Do I have to hire lawyer for that?

You will need to finalise your divorce first and then apply for I_751 waiver based on a bona fide marriage but it didn't work out so you are divorced. I see that you have many joint documents so you shouldn't have to worry so much. After you file I-751, you will receive Notice of Action (NOA) which will extend your conditional green card for 1 more year till October 2013 so when you go travel, just bring your conditional green card and that notice with you. Usually you will receive the NOA within 3 weeks from the date you file I-751. But remember that you will need to attend the biometric appointment to get fingerprint and take picture (which will happen the following month after you file I-751.). It is safe to go travel after you are done with biometric appointment. Vermont Center usually takes 6 months to a year to process a case, California Center is faster a little bit.

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You will need to finalise your divorce first and then apply for I_751 waiver based on a bona fide marriage but it didn't work out so you are divorced. I see that you have many joint documents so you shouldn't have to worry so much. After you file I-751, you will receive Notice of Action (NOA) which will extend your conditional green card for 1 more year till October 2013 so when you go travel, just bring your conditional green card and that notice with you. Usually you will receive the NOA within 3 weeks from the date you file I-751. But remember that you will need to attend the biometric appointment to get fingerprint and take picture (which will happen the following month after you file I-751.). It is safe to go travel after you are done with biometric appointment. Vermont Center usually takes 6 months to a year to process a case, California Center is faster a little bit.

Thank you so much for you reply.

Can I travel before my divorce get finalized? In my state , we have to wait for 90 days after we filed divorce.

So Can I travel during that 90 days?

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you can travel if your current green card has enough 'time' on it.

study your current green card, plan accordingly based on the dates printed there.


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Well, technically, your conditional green card will expire in 10/2013 so I think as long as your divorce is not finalized, you are still fine to travel but it is not a good idea to travel after your divorce is finalized and you don't have the Notice of Action.

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Well, technically, your conditional green card will expire in 10/2013 so I think as long as your divorce is not finalized, you are still fine to travel but it is not a good idea to travel after your divorce is finalized and you don't have the Notice of Action.

My state requirement is 90 days waiting period. So it it possible that they finalized divorce before it or this is the minimum time?

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My state requirement is 90 days waiting period. So it it possible that they finalized divorce before it or this is the minimum time?

You need to ask a divorce attorney about this because family law is different in each state. In my state, it takes only 1 month to do an uncontested divorce. I am not sure if 90 days is the minimum processing time in your state or not. I just know that as long as you're not divorce yet, your conditional green card is still valid. Some attorneys don't require fee for initial consultations so you can ask them first and then plan your vacation accordingly.

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You need to ask a divorce attorney about this because family law is different in each state. In my state, it takes only 1 month to do an uncontested divorce. I am not sure if 90 days is the minimum processing time in your state or not. I just know that as long as you're not divorce yet, your conditional green card is still valid. Some attorneys don't require fee for initial consultations so you can ask them first and then plan your vacation accordingly.

Thanks for your reply.

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I mean "living"

Hi Thanks for all reply....

I just got the divorce notice from lawyer and it stated that reason for divorce is that

- The marriage is irretrievably broken.

- The parties have never lived together and may live separate and apart for at least two years.

Is it a red flag for me for filling ROC?

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