consequences of not sending ROC right after divorce?

[pelyterpal 0]

Apologize for opening a new topic on this, no one seemed to answer this question in my other topic.

So I'm on my 2yr conditional green card, and I wasn't aware of that I should have filed ROC right after getting my divorce done. It's been 6 months now and I'm pretty close to the 90 day window.

Are there any consequences of not filing I-751 waiver yet? Does it mean I can be deported now?

[Harpa Timsah 13,258]

You're fine. I am sure plenty of people don't know they are supposed to file right away. Good luck.

[Sandra G. 5,021]

No problem at all. I had a bunch of cases filed 15/30 days before the GC expired, all cases approved without any problem.

[JimVaPhuong 4,863]

INA 216,b,1:

In general.-In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that-

...

(ii) has been judicially annulled or terminated, other than through the death of a spouse;

...

the Secretary of Homeland Security shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.

In plain English, if DHS (USCIS, in this case) determines the conditional resident has divorced then they are compelled to terminate the permanent resident status. Almost anything could alert them to the fact that you've divorced, so people usually recommend you file to remove conditions as soon as you've got the divorce decree in your hands. If you haven't filed to remove conditions, and USCIS finds out about the divorce, then you could be forced to file to remove conditions immediately in order to avoid deportation. On the other hand, if they don't find out about the divorce, and they've taken no action to terminate your permanent resident status, then you can file anytime before your conditional green card expires without any negative consequences.

[Holly2234 66]

I would recommend filing for ROC immediately, i was held at the US/Canada border last week for an hour because im no longer with my husband. They were attempting to tell me that my GC is no longer valid because we arent together, however, i am not yet divorced. It is still pending (had court two weeks ago to settle child support so we are getting there) but i am still legally married.

They kept saying to each other that it is not valid and i cant enter. I could hear them across the room so i asked permission to go over and speak with them. I explained how i am aware that i must file immediately after my divorce or my GC will be no longer valid or at the end of my 90 window before expiration, whichever comes first. They went away and conferred again and decided to let me go home...

So seriously, dont put it off any more now that you know.

I am starting to prepare my ROC package to send to them since i know my divorce is close to being done and i am also on the CBP's radar. I also wont be crossing the border until i have my extension letter, just in case it happens again!

Feel free to message me for any tips on preparing for ROC.