Removal of condition

[Joy143 0]

Hello everyone, I came here through fiance visa and obtained 2 yrs conditional greencard  things doesn't work and we got divorced . My question is should  I will wait 90 days before the expiration of my greencard to process my removal of condition , or I can now process my Removal  of  condition and I dont have to wait the 90 days since I already have my devorce decree?

.My greencard will expire on November 2017. Thank you

[Dashinka 23,410]

I am not sure if I fully understand your question, but if you are asking if you can file the ROC early, I don't think so.  You should count back 90 days from the expiration date on your GC and file no earlier than that, or risk having your package returned.  I don't think divorce changes this.

 

Good Luck!

[KULtoATL 1,551]

You can only file your ROC 90 days preceeding your conditional GC's expiry. Given the amount of time you have now, you can prepare your documents in advance and go through them thoroughly to ensure that they are complete and sufficient especially on evidence of bona fide marriage/you entered the marriage in good faith 

 

Sorry to hear about your divorce and good luck with your ROC!

[visaqueries 111]

This is the official website. If you'll read the section that applies to your situation, you see that you can apply now.

 

"If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship."

[Mollie09 1,543]

You do not have to wait. You shouldn't.

You can file as soon as you have your divorce decree.

 

Good luck!

PS: I know this for a fact because I did it myself.

Edited March 29, 2017 by Mollie09

[charmander 692]

If the divorce is finalized, you are eligible to file anytime you want. "finalized" is the key word here; if the divorce proceedings are still going on you need to wait for the 90 days unless there is battery/abusal is also involved.

[bolin786 21]

 

I agree with the other commentators above.  The only thing I would add is that if there was no spousal abuse, as long as you can prove that your marriage was a bona fide relationship and in no way you meant to deceive the authorities, then you can proceed for ROC without problems, making sure you provide evidence of bona fide conduct.

[Joy143 0]

Thank you everyone 😊

[QueenComley 295]

My immigration attorney was present with me at my AOS interview. I was approved on the spot. As we were leaving he said although he didn't want to put a dampener on the day he wanted to let us know what to do if we were to divorce or if my husband died between then and applying for my ROC. I believe he stated that if me and my husband divorced I would need to ROC straight away and not wait for the 2 years. Anyone feel free to correct me if Im wrong (it was a long time ago!).