Filing for I-751 jointly after divorce. Is it possible?

[Suny0101 0]

Hello all,   grateful for your answer to my questions. 

1.Is it possible to file for I-751 jointly after we get divorced (within the first two years) but we are on good terms with each other?

2.How could my US citizen husband help me with getting my permanent greencard if we are discussing divorce? 

3 Does the two year anniversary start on the day I get my conditional greencard? 

Thank you for any help. 

[geowrian 22,335]

1. No. You must be married as of the time of filing to file a joint petition.
   1. See the I-751, page 3 (https://www.uscis.gov/system/files_force/files/form/i-751.pdf). there is no option for a joint filing except with a spouse (or being the child of the spouse), not a former spouse.
   2. If you are still legally married at the time the I-751 is filed, you can do a joint petition still. If you later divorce, you can switch to a divorce waiver.
      1. Technically the I-751 can be approved jointly even if you divorce afterwards, although this is complicating matters and - if not disclosed to USCIS - can raise some questions during a naturalization application.
2. Being cooperative. Otherwise, it's something you can do entirely on your own.
   1. If you are eligible to apply jointly, he can still show up to the interview (if any). That said, I would personally consider this kinda risky....that would likely be 1-2 years down the road, and they have the ability to tank the interview or not show up. It really needs faith in the former spouse.
3. It's 2 years from when you obtained permanent residency. If you came on an immigrant visa, this is 2 years from POE. If you did AOS instead, it's 2 years from AOS approval. This should be 2 years from the "Resident Since" date on the green card (although mistakes on this printing aren't uncommon). You can file starting 90 days prior the 2 year anniversary, or anytime if you are divorced beforehand.

[mindthegap 2,521]

 

1- no. You can file solo after you are divorced within the first two years, but not jointly.

2- By co-operating and not being an a$$ (sorry, its just an unfortunate reality, as many of us who have been through a divorce have discovered).  By filing with a divorce waiver, the ex spouse is no longer involved in the process.

3- two years from your 'resident from' date on your card, which should exactly match the card expiry date.

 

Worth pointing out to you, that divorce is not a reason for I-751 denial.

Edited February 21, 2019 by mindthegap