What if you file for divorce, then cancel proceedings before applying for removal of conditions?

[wuffmixx 0]

I am a US citizen and my husband is a conditional resident whom I petitioned to come with me to the United States in November 2011 from Ireland.

We have been having marriage problems and three weeks ago my husband moved out of our home (his decision). He now has his own apartment and manages all his finances separately. He says he wants to work on the marriage, but needs 'space' and is not ready yet to start any counseling.

Since my husband has moved out, I would like to file for divorce to protect myself financially. I do not want to be liable for any new debt on his behalf nor have to share any assets going forward. He has agreed to file for divorce and already consulted an immigration attorney on removing the conditions without me as his sponsor.

I have the signed divorce papers, but I also still hope that he might one day return home to work on the marriage. I do love him very much. My question is---if we file for divorce now, but then we have a change of heart and halt the proceedings------does it affect our ability to remove the conditions at a later time? His greencard expires in November 2013.

Anyone know how a divorce filing that is cancelled affects the ability (or does not affect) the ability to remove conditions later?

[Inky 1,111]

Moved from Adjustment of status to effects of major family changes on immigration as the OP is not filing adjustment of status but removal of conditions and they are doing so with a divorce issue.

[VanessaTony 3,567]

Why don't you file for a legal separation instead? That should also protect you from any debt he incurs (excluding the I-864 of course)... but he would still need to file ROC with you if you're still married when the time comes and you wouldn't have good relationship evidence.

That relationship stuff also relates to your question about whether filing for, but not finishing, divorce would affect him. It shouldn't if you're back together, every marriage has problems BUT he doesn't live with you, you wouldn't have lived together for a while, or co-mingled etc. It wouldn't look good.

So it's up to you. Personally if you're that worried about the debts he incurs I suggest you file for, and finish, the divorce. Let him ROC on his own (the I-864 is still in effect) and then you can work on your relationship, or not, without immigration being a concern.

Edited April 8, 2013 by Vanessa&Tony