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I came into the country on via the K1 process. I have since got my

conditional 2 year greencard. Unfortunately since my

wife and I got married we have been having troubles and I am unsure that the relationship will last. What are my options as I still

have conditions on greencard. If we separate am I still able to have residency in the USA or do I have to leave once my 2 year greencard runs out. Thank you for any help. 

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You can file for ROC with a divorce waiver + evidence of your marriage.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

10/21/19....Bio-letter for K-1 received

10/28/19....Biometrics done 

 

 

 

 

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Separating does not affect your 2 years green card.  You can continue to live here while the card is valid.

 

Not living together is going to make it extremely hard for you to prove a bona fide marriage when it comes time to remove conditions on your 2 years green card in order to get a 10 years green card.

If you divorce, you will need to file to remove conditions with a divorce waiver.  You will still need to prove you had a bona fide marriage.

 

USCIS will look to see if you had a sham marriage for a green card and separated once you got the card.  The onus will be on you to prove that you had a bona fide marriage.  

 

 

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It is very rare for Divorce Waivers not to be successful, I have seen a few with issues but seems they never really had a relationship in the first place.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~~Moved to Effects of Major Family Changes, from AOS FAmily - As similar threads are discussed here.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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You can file for ROC with a divorce waiver. It is fairly common. Marriages do fail. What they care about is the marriage was entered into in good faith (bona fide). If you think that is path this is going, start collecting evidence. I am sorry this is happening. 

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So we are definitely getting divorced. She will be serving me the papers immediately. I believe that takes three months. I can no longer stay in our home but don’t have a huge support network here so my only smart option is to head back up to Canada for the short term. How would that effect my ability to remove my conditions on the basis of divorce if I’m not in the country? 

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4 hours ago, NewZealand25 said:

so my only smart option is to head back up to Canada for the short term. How would that effect my ability to remove my conditions on the basis of divorce if I’m not in the country? 

The general rule of thumb is that as a LPR you need to live in the US, so short visits out of the country should be fine but you should establish a US residence and address and avoid being gone for months at a time, especially if your goal is to remain a LPR in the US and eventually file for citizenship in the future.  Leaving the country for a long time would not help your case to remove conditions with a divorce waiver.  Right now focus on the divorce and gathering all the documents you can that the marriage you had was bona fide (shared residence documents like lease or mortgage together, shared utility bills, joint bank accounts, etc.).  You will need these as evidence that the marriage was real at least for a while.  If you leave right away it may be more difficult to collect these documents.  Good luck!

Edited by carmel34

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