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Danielb4643

Moved to US on k1, got 2yr GC and now wife wants a divorce

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Hi-

I will spare you all the emotion and give you the facts, this is an unthinkable situation for me. So I have moved to the USA and got married on K1- got my 2yr GC and now it appears we are getting divorced, what are my options?

I have moved here to begin a new life and feel like it's been cut way too short. Is there any possible way for me to stay in the US? I have a GC that expires 2014 (is this still valid after divorce?) however going forward, what options are open for me?

Any insight would be greatly appreciated.

Thank you.

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Hi-

I will spare you all the emotion and give you the facts, this is an unthinkable situation for me. So I have moved to the USA and got married on K1- got my 2yr GC and now it appears we are getting divorced, what are my options?

I have moved here to begin a new life and feel like it's been cut way too short. Is there any possible way for me to stay in the US? I have a GC that expires 2014 (is this still valid after divorce?) however going forward, what options are open for me?

Any insight would be greatly appreciated.

Thank you.

This is what I know.

You have nothing to worry about so relax and deal with the pressing matter at hand.

You will get your divorce and file for removal of conditions yourself.

What you need to do now is start to compile documents to establish that you entered the marriage in good faith. Very important to get documents for joint accounts/contracts, etc

Good luck Mate and keep a stiff upper lip.

Edited by Gowon

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Moved to Effects of Major Family Changes on Immigration Benefits, from K-1 Fiance(e) Visa Process & Procedures since you have your GC this is not a K1 topic and is better suited in this forum.


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Look at the form I-751 to remove conditions. You can file as a divorced person by yourself as long as you prove the marriage was entered into in good faith. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Look at the form I-751 to remove conditions. You can file as a divorced person by yourself as long as you prove the marriage was entered into in good faith. Good luck.

good.gif About sums it up.


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Hi, thanks for your help, do I remove conditions before the divorce, after the divorce or 3 months prior to my 2yr GC expiring?

thank you

Danny

If you have a final divorce decree in your hand before the 90 period begins then file the I-751 right away. Technically, USCIS is supposed to take steps to terminate your conditional resident status if they find out you're divorced. Practically speaking, this means they send you a notice advising you to file the I-751.

If you enter the 90 day period and you still don't have a final divorce decree then file the I-751 anyway, and use divorce as the basis for self-petitioning. When USCIS gets around to adjudicating your I-751 (which is taking about a year these days) they'll send an RFE for the divorce decree. If you STILL don't have the divorce decree by that time then they'll start removal proceedings. When you go to the master hearing at the immigration court you can tell the judge you're waiting for the divorce decree, and he'll put a stay on the proceedings until your divorce is final. Once you get the divorce decree then the judge will either send the case back to USCIS for adjudication, or the judge will adjudicate your I-751 himself. They won't deport you while you're waiting on that divorce decree unless you go to the immigration court, keep your mouth shut, and let them deport you.

Under no conditions should you wait until your conditional green card is actually expired before filing the I-751. Your status expires the day your green card expires unless you've filed an I-751, and they won't accept the fact that you didn't have a divorce decree as a valid excuse for late filing.


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!

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