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N&Wneedadvice

I-751 filed jointly and still pending, now getting divorced

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Hello everyone,

My husband and I filed a joint petition to remove conditions on my residency back in July with Vermont. It is still pending. We have been married for 4 years and have plenty of evidence of a bona fide marriage. However, since we filed the petition, things changed for us as a couple and long story short, we have decided to get a divorce. My question is, what does it mean for my I-751? Do I have to notify them immediately that we have made the decision to divorce? If so, how do I move ahead with that? We haven't started the divorce proceedings yet but we are meeting with a lawyer next week. We are still living at the same house, but not for long... Please help, any advice will be greatly appreciated.

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I would check with immigration lawyer


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Filed: Timeline

I don't think you are actually obligated to do anything. I don't think you are defrauding anyone if you simply let the process run its course. Maybe you will get approved.

If you get an RFE or are called for an interview, it would probably be wise to change the filing to a divorce waiver filing. USCIS is very liberal about what constitutes proof of divorce. Based on my own experience, they will accept either proof of a legal separation or of a divorce filing; you don't have to actually have a final divorce decree. What they will not accept is a statement that one of you has moved out.

However, I think that you can even continue the filing as married, assuming your spouse does not withdraw sponsorship. Even if you are separated, or possibly even divorced, as long as the filing was legitimate and accurate at the time you filed, the filing is valid.

The evidentiary standards will be the same, namely that you entered the marriage in good faith. It doesn't matter if you hit the rocks after a few years, what matters is that it was in good faith at the start.

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from ROC Forum to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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