2 year GC, divorcing before it expires.

[JenniferJacobsson 0]

Hi everyone,

I've been together with husband for 5 years, he's been living in Sweden with me on a residents permit and we've done countless trips back and forth seeing eachother inbetween those years of living together, when he decided to move back to the U.S. to go back to school we started planning my move here.

Finally in 2011 I got my fiancé visa at the end od the year, saved up enough money, and moved to the U.S. in March 2012. We got married within the 90 days, and I filed for my GC in May 2012. and it took a whole year before I finally got my GC in May this year, and during that time of waiting especially this year our relationship has been really tough. We've grown apart, we keep arguing, he like to put me down mentally about my weight and the way I carry myself, he started flirting on dating sites with other girls, he really made me feel less of myself and I was unhappy for a really long time. he said several months ago he wanted to take a break but I had to beg him to reconsider to work on our marriage but it never got better. He's never around, always out at bars or with friends.

Now he wants a divorce and I'm only a few months in with my GC, even though we've been married for a year and a half. and together for 5 years.

My GC expired in May 2015. Could we file for divorce and I still stay here until it expires and then apply for the 10 year one by myself as divorced or will immigration kick me out before that? How does this work? I'm sure proving that I entered this marriage in good faith wont be a problem I have a lot of people to vouch for me and a lot of evidence, just scared because the divorce is coming so soon before my 2 year card expires it makes me nervous. I'm still living together with him, and with my in laws and they love me and don't want me to leave the house.

Really appreciate all answers.

Please help

[NikLR 13,227]

Whenever you get divorced you must immediately apply for the removal of conditions on your own. You will need to provide proof of a genuine marriage. Check out the ROC forum for things they like to see.

[Ryan H 3,812]

You will be able to remove conditions on your own as long as you can show that you entered into the marriage in good faith.

Edited August 21, 2013 by Ryan H

[JenniferJacobsson 0]

Ok, thanks! So I don't have to wait until 90 days before it expires, I can apply right away after the divorce is final?

[haveaniceday 9]

i myself have always wondered about a situation like this, if the two parties divorce and she applies on her own what becomes of the support aspect of it all especially if she is not working yet. also will they question the husband regarding the marriage, im sure if he wanted to be sinical he will say alot of bad things to make sure she gets kicked out.

[VanessaTony 3,567]

Ok, thanks! So I don't have to wait until 90 days before it expires, I can apply right away after the divorce is final?

You MUST file as soon as the divorce is final, or during the 90 days, whichever comes first.

[JenniferJacobsson 0]

I've started a new life here, I work full time, and have a part time job. I've got new friends. Everything has worked out well, besides between my husband and I. He's seeing other people and I have started as well, so...I don't know if he would say bad stuff, either way, My in-laws are my witnesses and they adore me and will vouch for me if something like that would happen.

[Ryan H 3,812]

i myself have always wondered about a situation like this, if the two parties divorce and she applies on her own what becomes of the support aspect of it all especially if she is not working yet. also will they question the husband regarding the marriage, im sure if he wanted to be sinical he will say alot of bad things to make sure she gets kicked out.

The Affidavit of Support remains in effect until one of the specific conditions that would terminate it occur.

Regarding the statement I put in bold, there is nothing the 'he' could do to "make sure she gets kicked out" of the country. The burden of proof is on the OP to ensure they entered into the marriage in good faith and judging by the first post, the OP as plenty of evidence to show just that.

[Brian1967## 119]

What the others said

[JenniferJacobsson 0]

Thanks everyone! You guys are so helpful and you're calming my nerves down.

So, as soon as the divorce is final I apply for my Removal conditions right away with all proof needed that I "entered the marriage in good faith", and as it's being processed I'll still be able to stay here in the U.S. for the remaining time?

Is it likely that USCIS would deny me staying before my 2 year GC expires? Or they would let me stay until it expires and then grant me the 10 year one?

Thank you!

[newacct 688]

Thanks everyone! You guys are so helpful and you're calming my nerves down.

So, as soon as the divorce is final I apply for my Removal conditions right away with all proof needed that I "entered the marriage in good faith", and as it's being processed I'll still be able to stay here in the U.S. for the remaining time?

Is it likely that USCIS would deny me staying before my 2 year GC expires? Or they would let me stay until it expires and then grant me the 10 year one?

Thank you!

When you apply for Removal of Conditions (whether you're together, or divorced, or whatever), they issue you an extension letter that extends your conditional GC. So after your conditional GC is expired, that letter + your expired conditional GC function as a valid GC for all purposes. Once the ROC (which may take a long time) is approved, you will get an unconditional GC.