Conditional gc. can immigration stop you from re entering

[manilaboy83 9]

My gc's 90 day window is next year june 2013. I just filed divorce last month because my wife abandoned me. Currently our situation isnt doing good. My company is sending me to the philippines for a business trip this september. But im worried that i might have problem re entering. Many friends are telling me be careful as my could have called uscis and secretly informed them that we are now separated. Or they could give hard time and interrogate me. Worse is,not let me in.I dont want to compromise my life because of crazy wife. A friend who is a lpr through family had a bad experience at the airport coming back from the phils last week. It drives me crazy.

Can they not let me in eventhough im a legal resident?

Please help me. Ill appreciate any assistance

[amykathleen2005 441]

You need to file for Removal of Conditions now because you are divorcing. With the NOA1 for this you should be ok to travel.

[ceadsearc 516]

You need to file for Removal of Conditions now because you are divorcing. With the NOA1 for this you should be ok to travel.

He should file once his divorce is finalized or when his GC is about to expire, whatever comes FIRST. Applying now with a divorce waiver when he isn't yet divorced will only cause confusion.

OP, if your divorce is complete before then you need to file ROC. Otherwise you should be ok, though I suppose if she called USCIS and told them you used her for a GC or something it could be trouble, but that seems unlikely based on what you have said.

[amykathleen2005 441]

He should file once his divorce is finalized or when his GC is about to expire, whatever comes FIRST. Applying now with a divorce waiver when he isn't yet divorced will only cause confusion.

OP, if your divorce is complete before then you need to file ROC. Otherwise you should be ok, though I suppose if she called USCIS and told them you used her for a GC or something it could be trouble, but that seems unlikely based on what you have said.

According to USCIS:

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  

• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

My feelings at least are that it is better for YOU to tell USCIS of your change in relationship rather then someone else. If you file with a waiver request then they know the situation and will RFE you for a divore degree when you have it. However if you leave without telling USCIS and she calls them up and says who knows what about you then you might get yourself in trouble.

[VanessaTony 3,567]

My feelings at least are that it is better for YOU to tell USCIS of your change in relationship rather then someone else. If you file with a waiver request then they know the situation and will RFE you for a divore degree when you have it. However if you leave without telling USCIS and she calls them up and says who knows what about you then you might get yourself in trouble.[/size][/font][/left]

The OP is not yet divorced. He is not able to file his ROC early unless he IS divorced. If his window arrives and his divorce is not yet final that's fine and he files anyway and then deals with the RFE. He will have 86 days to reply to the RFE. There is no point in stressing himself out about that when he's not legally able to file for ROC until: 1. His divorce is final or 2. His ROC window arrives. He has plenty of time to wait for his divorce to be final before his window so that he has the certificate and avoids what stress will occur when he's RFE'd for the divorce certificate.

There is a minute chance that she tells USCIS that he's in the process of divorce that he could face trouble, but I highly doubt it. Firstly he's not in breach of the conditions of his greencard until he IS divorced, and secondly they can't just take his card because he's going through a divorce. In the event he were to go before an immigration judge he would be given the chance to file for ROC with a waiver when the time is appropriate. Again, legally he can't file ROC early so they can't make him. He needs to wait until he is divorced or until his window, whichever is first.

As a side note - USCIS doesn't care that he's getting divorced so telling them now means nothing. When he files his paperwork they'll know. There are no requirements to the contrary.

Also, please provide a link from where you got your quote (which is customary when quoting so others can read further for context and not just blindly follow your analysis). I assume it's in the filing instructions for the I-751. The quote you posted applies to someone who has already filed.. note the words "If you filed.." at the start of each of those bullet points. The first bullet point pertains to someone who reaches the 90 days window but isn't yet divorced and who needs to file with a waiver without the divorce decree. The second bullet point pertains to someone who filed ROC jointly but during the joint process initiated divorce proceedings.

Edited July 22, 2012 by Vanessa&Tony

[manilaboy83 9]

Thanks vanessa.. thats what i thought too. Its not,necessary to inform them. Plus i need to wait for the final decree. I wont be,submitting my roc until july next year

[ceadsearc 516]

Thanks vanessa.. thats what i thought too. Its not,necessary to inform them. Plus i need to wait for the final decree. I wont be,submitting my roc until july next year

Correct. If for some reason it isn't done by then (in my state it takes a year minimum), then you would file anyway and deal with the RFE as Amy mentioned. Otherwise, just wait. You don't want an RFE if you can avoid it and you don't have to file until your GC is set to expire or you are divorced, whichever comes first.