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Filed: Timeline
Posted

i have received my CGC this month and been separated from my wife a couple of months, she wants me to sign divorce papers, my question is what happened after i sign divorce papers? will my CGC be terminated? from what i read i understand that i have to file for ROC right after divorce, what if they deny ROC and my CGC is still valid, do i have to leave right away, or can i stay till CGC expire? i'm asking because in the worst case if my ROC won't get approved then at least i gotta make some money because i'm broke, i wasted almost 2 years in this country so i believe i deserve to work and make what i have lost coming here.

Any help from someone who's been in my shoe is really appreciated

Filed: Timeline
Posted

1) Sorry that this is happening to you but sometimes it's for the best.

2) You didn't waste 2 years. You were on a journey for two years.

3) You should collect all the proof of entering the marriage in good faith while you have the chance. I think with two years you should have quite a bit of proof.

Good luck, remain positive.

Filed: Timeline
Posted

As already pointed out, your GC will not be terminated. Actually you remove the conditions by yourself.

Good luck!

the more proofs that i have is from before we are married, we live together for nearly a year before marriage, does it count ?

Filed: Other Country: Brazil
Timeline
Posted

You have to prove a bonafide marriage it means the proof you need to have is after your marriage. YOU have to prove comming finances and commmune residence. Submit irs transcripts showing tax return filed jointly,bank statements spanning the last 2 years,utilities bills in name of both etc . Good luck.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

But in theory they can terminate your GC, right? See http://www.law.cornell.edu/uscode/text/8/1186a#b section (b)(1)(A)(ii)

Technically once the divorce is final the OP would be in breach of the conditions of his conditional greencard and deportable. The condition of the conditional greencard is marriage to a USC. This is why once the divorce is final the immigrant needs to file for ROC immediately. Whether or not the IJ would order removal though... who knows.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

i have received my CGC this month and been separated from my wife a couple of months, she wants me to sign divorce papers,

1. my question is what happened after i sign divorce papers?

2. will my CGC be terminated?

3. from what i read i understand that i have to file for ROC right after divorce,

4. what if they deny ROC and my CGC is still valid, do i have to leave right away,

5. or can i stay till CGC expire?

I'm asking because in the worst case if my ROC won't get approved then at least i gotta make some money because i'm broke, i wasted almost 2 years in this country so i believe i deserve to work and make what i have lost coming here.

1. You will be divorced

2. Not simply by virtue of the divorce, no. You will be in breach of the conditions of the card though

3. Yes you do. There is a fee waiver form if you can't afford to do so

4. You will have 30 days to leave the country usually

5. Nope. Your GC will be terminated if your ROC is denied. You will need to leave the country.

You will need to prove you had a valid marriage. So co-mingling of accounts, bills in joint names, leases together, health insurance etc etc

 
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