Do I need to stay in US during the two years conditional GC??

[Hana1220 0]

Hi. I would appreciate if I could receive your kind response to my following questions: 

 

1. If divorce process starts within the two years of conditional GC, would it matter to USCIS to leave US until divorce is completed and once it's done, the immigrant comes back to US  in order to apply for I-751 petition within the last 90 days of the end of the two year term? Do I need to stay in the country for the entire two years and going through the process of divorce and etc or I can leave to my home country (canada) during that period and come back only for applying g for I-751 petition? 

 

2. Is it the case that if I-751 was jointly filed, the immigrant will be eligible to apply for citizenship after 3 years while if the petition was solely filed and divorce happened, the immigrant could only apply for citizenship status after 5 years? Does divorce within the two year conditional GC, prolonged applying for citizenship for another two years? 

 

Looking forward to have your response. 

Thanks much 

🙏

 

[C90 376]

3 minutes ago, Hana1220 said:

Hi. I would appreciate if I could receive your kind response to my following questions: 

 

1. If divorce process starts within the two years of conditional GC, would it matter to USCIS to leave US until divorce is completed and once it's done, the immigrant comes back to US  in order to apply for I-751 petition within the last 90 days of the end of the two year term? Do I need to stay in the country for the entire two years and going through the process of divorce and etc or I can leave to my home country (canada) during that period and come back only for applying g for I-751 petition? 

 

2. Is it the case that if I-751 was jointly filed, the immigrant will be eligible to apply for citizenship after 3 years while if the petition was solely filed and divorce happened, the immigrant could only apply for citizenship status after 5 years? Does divorce within the two year conditional GC, prolonged applying for citizenship for another two years? 

 

Looking forward to have your response. 

Thanks much 

🙏

 

1. You can stay max 12 months outside the US without re-enter permit to avoid abandoning your GC (https://help.cbp.gov/app/answers/detail/a_id/820/~/can-a-u.s.-lawful-permanent-resident-leave-multiple-times-and-return), but when you file I-751 and they see that you were outside the US more than 6 months they may deny your ROC, since it shows you're not that fond to live in the US. It's always advised to spend more time per year inside the US than outside the US.

 

2. If you divorce you can't file for citizenship under the 3 year rule. For that you have to be married to the same USC at the time of naturalization ceremony. So you'd have to file under the 5 year rule.

 

Where in the process are you? Did you just get your GC and are you getting divorced? 

[geowrian 22,335]

ROC cannot be denied due to time spent abroad.

 

You can travel abroad fine. Just don't spend too much time abroad or risk abandoning residency (this has nothing to do with ROC...it applies to all LPRs).

Over 1 year = presumption of abandoning residency. There is no hard time limit for staying abroad otherwise, just potential continuous residency being broken if staying abroad more time within the US, which is a factor for naturalization.

 

Jointly filing ROC isn't the determining factor for naturalization under the 3 year rule. It's having LPR status + being married to a USC and in marital union for the 3 years prior to filing the N-400 (and staying legally married to them until the oath ceremony).

Edited March 20, 2019 by geowrian

[SusieQQQ 11,584]

1 hour ago, Hana1220 said:

Hi. I would appreciate if I could receive your kind response to my following questions: 

 

1. If divorce process starts within the two years of conditional GC, would it matter to USCIS to leave US until divorce is completed and once it's done, the immigrant comes back to US  in order to apply for I-751 petition within the last 90 days of the end of the two year term? Do I need to stay in the country for the entire two years and going through the process of divorce and etc or I can leave to my home country (canada) during that period and come back only for applying g for I-751 petition? 

 

2. Is it the case that if I-751 was jointly filed, the immigrant will be eligible to apply for citizenship after 3 years while if the petition was solely filed and divorce happened, the immigrant could only apply for citizenship status after 5 years? Does divorce within the two year conditional GC, prolonged applying for citizenship for another two years? 

 

Looking forward to have your response. 

Thanks much 

🙏

 

I just want to confirm - it’s not clear from your post, especially point 1 - you do intend to make the US your permanent home? And you are therefore aware of the physical presence and continuous residence requirements for naturalization? 

Edited March 20, 2019 by SusieQQQ

[Hana1220 0]

Clarification about point one on my most: yes. I do want to make US my home. Just recieved my conditional GC in February 2019. I figured divorce could take up to a year. Still teting to ger as much information as possible before starting the divorce process. 

I just want to know if I have to stay in US all the time during the divorce process or I can spend some times in home country and also to see if I can change state in US from where I am located now during the process  within the two year and If I do, will the new state's rules will apply to my divorce and filing for I-751? Also I am not quite familiar with concept of ROC or LPRS, ...Etc. where can u get some info about all these terminologies. Feeling lost. 🥀🙏

[geowrian 22,335]

1 hour ago, Hana1220 said:

I just want to know if I have to stay in US all the time during the divorce process or I can spend some times in home country and also to see if I can change state in US from where I am located now during the process  within the two year and If I do, will the new state's rules will apply to my divorce and filing for I-751? Also I am not quite familiar with concept of ROC or LPRS, ...Etc. where can u get some info about all these terminologies. Feeling lost. 🥀🙏

You can move across states fine. Remember to complete an AR-11 (either via paper or online). As for how this affects the divorce, I would check with your divorce attorney (or get one).

 

You can visit Canada (or anywhere) fine. You just need to maintain permanent residency within the US. So don't claim residency elsewhere, and don't stay abroad for very long periods of time (6 months can start to raise questions, with 12 months being a very large hurdle).

 

ROC = Removal of Conditions. This is what you must complete in order to get a 10 year green card. You must file for it before the expiration date on your green card. You can file for it starting 90 days before the expiration, OR anytime after the divorce is finalized.

The purpose of ROC is to show that the marriage is bona-fide (or more specifically in your case since you are getting divorced, that the marriage was entered into in good faith).

I am not trying to worry you too much, but green card in Feb. 2019 and divorce in March 2019 is going to raise some red flags.

 

LPR = Legal Permanent Resident (AKA green card holder).

Edited March 20, 2019 by geowrian