Will I get my second GC (in time)? Uncontested Divorce.

[TrufflePiggy 3]

My wife and I met Oct 2014 Canada fell pretty in love right away, she got a job in the US 3 months after we started dating, (she's a dual citizen), we started the K-1 process. I moved in with her in NYC Oct 2015, we got married Nov 2015, 

 

We got married in Vermont (a small ceremony on her grandfathers property with only her immediate family attending). We had a second reception Summer 2016 with 100 ppl including her family and mine back in Canada. Photos at both. We went on a honeymoon after in Canada for a week (I have proof of that). 

 

In May 2016 we signed a joint lease on an apartment. We also shared names on a US bank account, credit cards and utilities. She did not take my name.

 

The relationship started to break down more and more until my wife ended up moving out of that same apartment mid April 2017. We seperated, I signed the lease by myself, and we divided the things, money in bank accounts/debt, cancelled credit cards etc. 

 

We are on good terms and want to do an uncontested divorce. I'll be handling the paperwork for that.

 

My conditional GC is valid until Jan 2019. 

 

I have 1 year to get an uncontested divorce and apply for my greencard based on bonafide marriage. 

 

Does that seem likely? 

 

Also, what happens if I keep working on a conditional greencard when it expires if my work doesn't say anything, (They never mentioned anything when my work permit ran out, even though I had green card by that time). 

 

Also, If I got married in Vermont, is there a different process for divorce? I live in NYC so I will be divorcing from there. 

 

Thanks! 

-TP

 

 

 

 

 

 

Edited January 10, 2018 by TrufflePiggy

[Redheadguy03 505]

Well it's your responsibility to know when your documents expire, not your employers. If you work with expired documents that's illegal work. 

 

You'll be lucky to get it in a year. Green cards are taking longer and longer. 

 

As for the divorce in different places I'd suggest looking up the laws for your state or asking a lawyer. Some states require you be apart for so long before you can divorce, but I know nothing about your two states. 

[TrufflePiggy 3]

6 minutes ago, Redheadguy03 said:

Well it's your responsibility to know when your documents expire, not your employers. If you work with expired documents that's illegal work. 

 

You'll be lucky to get it in a year. Green cards are taking longer and longer. 

 

As for the divorce in different places I'd suggest looking up the laws for your state or asking a lawyer. Some states require you be apart for so long before you can divorce, but I know nothing about your two states. 

Thank you for your response.

 

Based on my situation, does it seem likely that I would get my second greencard? (that my marriage is bonafide). 

Edited January 10, 2018 by TrufflePiggy

[Mollie09 1,543]

22 minutes ago, TrufflePiggy said:

My wife and I met Oct 2014 Canada fell pretty in love right away, she got a job in the US 3 months after we started dating, (she's a dual citizen), we started the K-1 process. I moved in with her in NYC Oct 2015, we got married Nov 2015, 

 

We got married in Vermont (a small ceremony on her grandfathers property with only her immediate family attending). We had a second reception Summer 2016 with 100 ppl including her family and mine back in Canada. Photos at both. We went on a honeymoon after in Canada for a week (I have proof of that). 

 

In May 2016 we signed a joint lease on an apartment. We also shared names on a US bank account, credit cards and utilities. She did not take my name.

 

The relationship started to break down more and more until my wife ended up moving out of that same apartment mid April 2017. We seperated, I signed the lease by myself, and we divided the things, money in bank accounts/debt, cancelled credit cards etc. 

 

We are on good terms and want to do an uncontested divorce. I'll be handling the paperwork for that.

 

My conditional GC is valid until Jan 2019. 

 

I have 1 year to get an uncontested divorce and apply for my greencard based on bonafide marriage. 

 

Does that seem likely? 

 

Also, what happens if I keep working on a conditional greencard when it expires if my work doesn't say anything, (They never mentioned anything when my work permit ran out, even though I had green card by that time). 

 

Also, If I got married in Vermont, is there a different process for divorce? I live in NYC so I will be divorcing from there. 

 

Thanks! 

-TP

 

 

 

 

 

 

 

Seems like you have some solid evidence for a divorce waiver ROC.

Your employer may ask to see documentation. I would make sure to have an unrestricted SS card and a state ID (like a DL) and that's enough for an I-9 verification.

Divorce is handled in the state where you reside.

 

PS: I have a lot of experience with this, including marrying in one state and divorcing in another, so feel free to PM me.

[mindthegap 2,543]

33 minutes ago, TrufflePiggy said:

I have 1 year to get an uncontested divorce and apply for my greencard based on bonafide marriage. 

No you don't.

You can file a waiver I-751 at any time - it does not have to be in the same 90 days period that joint petitions must be filed. 

 

33 minutes ago, TrufflePiggy said:

Also, what happens if I keep working on a conditional greencard when it expires if my work doesn't say anything, 

Nothing. Once you file an I-751, you remain a LPR until it is adjudicated (and in the case of a denial, up until a final order of removal), and are therefore legally allowed to work.

Please remember that a card is proof of your status and not the status itself.

 

If an employer demands to see your card, then have them check the law regarding I-9 and provide the appropriate documentation (an unrestricted SS card and state ID will suffice): https://www.uscis.gov/i-9

 

19 minutes ago, TrufflePiggy said:

Based on my situation, does it seem likely that I would get my second greencard? (that my marriage is bonafide). 

I-751 petitons are adjudicated on the evidence of bona-fide-ness provided.

A divorce waiver does not change that.

Edited January 10, 2018 by mindthegap

[TrufflePiggy 3]

27 minutes ago, mindthegap said:

No you don't.

You can file a waiver I-751 at any time - it does not have to be in the same 90 days period that joint petitions must be filed. 

 

Nothing. Once you file an I-751, you remain a LPR until it is adjudicated (and in the case of a denial, up until a final order of removal), and are therefore legally allowed to work.

Please remember that a card is proof of your status and not the status itself.

 

If an employer demands to see your card, then have them check the law regarding I-9 and provide the appropriate documentation (an unrestricted SS card and state ID will suffice): https://www.uscis.gov/i-9

 

I-751 petitons are adjudicated on the evidence of bona-fide-ness provided.

A divorce waiver does not change that.

Let me see If I'm understanding you, 

 

Are you saying I should go ahead and file the I-751 right away even though I'm separated and will be putting down two different addresses for mine and my wife's place of residence? 

 

And you're saying even if my greencard expires I'm a LPR and can still work as long as my I-751 hasn't had a final order of removal?

 

Lastly, you're saying that I can get my social switched to unrestricted now that I have my green card, and with a state ID i'll be okay to work past expiry?

[mindthegap 2,543]

31 minutes ago, TrufflePiggy said:

Are you saying I should go ahead and file the I-751 right away even though I'm separated and will be putting down two different addresses for mine and my wife's place of residence? 

No. I am saying you can file a waiver I-751 at any time between gaining permanent residence and a final order of removal. 

When you file is for you to decide.

 

If you are filing with a waiver, you do not need to put your wife's address, as she is not involved in a I-751 waiver filing.

 

31 minutes ago, TrufflePiggy said:

And you're saying even if my greencard expires I'm a LPR and can still work as long as my I-751 hasn't had a final order of removal?

Read what I typed again. A greencard is proof of status, not the status itself.

 

If you file your I-751 prior to expiry of your 2yr card and receive your extension letter, you automatically remain a LPR, with all the rights and responsibilites associated with that, and with proof of status in the form of your receipt.

 

If you do not file an I-751 prior to expiry of your 2yr card, you will receive some sort of denial letter based on the failure to file an I-751, and subsequently be issued with an NTA (notice to appear) and have to go see an immigration judge.

You would remain a LPR until a final order of removal is made by an immigration judge, and are entitled to temporary proof of your LPR status for that period. Once a final order of removal is made, your status is terminated and you can no longer file any I-751.

 

31 minutes ago, TrufflePiggy said:

Lastly, you're saying that I can get my social switched to unrestricted now that I have my green card, and with a state ID i'll be okay to work past expiry?

Did you even read the I-9 link I posted?

For proof of work eligibility you choose what documents to present. This is separate from your right to work as a LPR and is only if your employer wants to verify your right to work.

 

As you are now a LPR you should be able to get an unrestricted SS card with no issues.

Edited January 10, 2018 by mindthegap

[Mollie09 1,543]

18 hours ago, mindthegap said:

No. I am saying you can file a waiver I-751 at any time between gaining permanent residence and a final order of removal. 

When you file is for you to decide.

If filing with a divorce waiver, there needs to be a final divorce decree. ROC can be filed anytime after getting the decree, up to and including the 90 day period before expiration.

 

18 hours ago, mindthegap said:

If you are filing with a waiver, you do not need to put your wife's address, as she is not involved in a I-751 waiver filing.

My lawyer asked me to add my ex-husband's last known address. You need that for the divorce filing anyways.

 

[mindthegap 2,543]

7 minutes ago, Mollie09 said:

If filing with a divorce waiver, there needs to be a final divorce decree. ROC can be filed anytime after getting the decree, up to and including the 90 day period before expiration.

No. For it to be approved with a divorce waiver there needs to be a final decree.

It can also be filed at any time up to removal from the US (aka a final order of removal) - well beyond expiry of the card and outside of the 90 day period (this is actually stated in the instructions)

 

7 minutes ago, Mollie09 said:

My lawyer asked me to add my ex-husband's last known address.

You are correct, and I did exactly the same when I filed my latest I-751 with a waiver.

I was confusing it with switching to a waiver from an existing joint petition, which removes the USC from it completely and you do not need to update their address. Blame jetlag.

Edited January 11, 2018 by mindthegap

[Mollie09 1,543]

2 minutes ago, mindthegap said:

No. For it to be approved with a divorce waiver there needs to be a final decree.

 

Fair, but then there will be an RFE for a final divorce decree. With how long it's been taking to process ROC these days, probably not an issue in most situations, but I'd rather avoid trying to race the RFE clock so I waited for the decree.