Divorce

[axmg 0]

Hello, my husband and I have been together for more than 5 years and been married for almost 3 years. He is a US citizen and we just jointly filed for me to remove my conditional permanent resident status in March 2016. I have not received my 10-year GC yet, i think it could take until May 2017 to receive the results. My question is, he now wants a divorce but hasn't filed the divorce papers. My divorce lawyer told me that in order to avoid him removing me from his health insurance and for me to get financial support for him, he or I need to file the divorce soon. Will it affect my status or the chance of getting GC or citizenship if I'm the one who files the divorce papers even though I don't want the divorce, it is him who wants it. We have been separated for 3 weeks now and it's been very stressful for me. Before we got separated we went to see a marital therapist, I was the one who initiated it. Thanks!

[Cheezees 1,514]

You can divorce and file for the ROC (with a divorce waiver) and later citizenship. Whoever initiates the divorce is irrelevant. USCIS does not care if your marriage "worked out" - only that it was entered into in good faith. Good luck!

[mindthegap 2,590]

A divorce lawyer suggesting you file quickly - so they get paid (retainer?). Hardly surprising.

Would he remove you from his insurance? Has he actually told you this?

Also, divorce does not release him from his I-864 obligations. They will continue you until you become a citizen or cease to become a permanent resident.

As for your main query, there is a difference as to your course of action depending on whether divorce has actually been filed for.

Separating after filing jointly for ROC is - broadly speaking -not an issue and is unlikely to jeopardize your current status, or future citizenship. Remember that even If you are separated, you are still legally married.

Firstly, wait and see the outcome of the already filed I-751.

It may go through with no issues. If so, great!

If you get an RFE, provide the documents they ask for.

If you get called for an interview, go - ideally together if things are still civil. If divorce has been filed for by either party at that time, then be honest at an interview and tell them - they would then add a divorce waiver to the existing I-751 petition, whether or not the divorce is finalized. However, if divorce proceedings have not been commenced, then there should be no change to your joint filing as you are still legally married.

Remember that ROC is not about your current marital situation - it is showing that it was entered into in good faith.

Regarding citizenship, you can still file for if divorced/separated, but you will be eligible to file your N-400 90 days before the 5 year anniversary of the date of you becoming a permanent resident, instead of 3 years if still married.

Unlike ROC, being separated/living apart (even if still married and no divorce papers filed) is an issue at the time of filing an N-400.

If your ROC is successful, then just notify USCIS of your separation and provide divorce decree etc.

There is no requirement to notify USCIS if you separate/divorce after successfully removing conditions and receive your ten year card.

It is stressful times for your marriage. Instead of worrying about GC and citizenship; you can just return to your homeland and start the life afresh in known environment and people and culture and language.

The OP has lived here as a lawful permanent resident for 2.5 years.

The US is now her home and place of residence.

It is pretty ####### telling people to effectively 'go home' if they separate from their spouse, and either you or someone else on here (apologies if the latter) has posted similar before. Trump would be proud.

Please, just stop it.