Jump to content
UScanucks

Divorce while in Conditional green card

 Share

8 posts in this topic

Recommended Posts

Country: Canada
Timeline

I am currently 6 months past my conditional green card. We've been married for 2 years. My USC husband is filing for divorce. We are still currently living together until the end of the month. He is moving out of state. He said he fell out of love :(  I am completely devastated. I came to the US on a TN visa to AOS after marriage.

I am currently gathering evidence (both of us listed as emergency contact and beneficiaries from work, joint account, car insurance, costco memberships, drivers license with the same address, documents for our dogs listed together, over 50 pictures, facebook messages, facebook posts, iMessages, leases, copies of all mails through USPS, Tmobile phone records with his number being called or calling me, VenMo records). He is also willing to give me affidavit and I have 4 other friends who knows us willing to provide affidavits.  I do not know if this is too much but I wanted to make sure I have enough documents for the waiver. Our engagement was a bit to short, only 3 months!  I am actually Canadian and sometimes, I just want to give it up and go back to canada. 

What else do you suggest I should gather now? Can I travel with a conditional green card even with pending divorce?

 

 

 

 

Edited by UScanucks
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jamaica
Timeline

First,  sorry for the short marriage, i know sometimes people from different cultural back grounds find it difficult to adjust.  Well yes u can travel,  your 2yrs Green card is valid for 2 yrs then your file for ROC with waiver, at this point,  gather all the evidence you have to show u entered in the marriage in good intention.  one additional plus, if he files for divorce, then he is the petitioner meaning the idea of divorce came from him. 

You will be okay. 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Iran
Timeline

Sorry for the end of your marriage, Yes collect as much evidence of your bona fide marriage you will need it for your i751 (with divorce waver) filing, I don't think you can have too much relevant evidence.

 

Wait until your divorce is final and submit your i751 package with divorce waver to remove the conditions of your green card. Note you do not need to wait to file until the 90 day before the 2 year card expires, you can file when your ready i.e, after your divorce is final. 

 

So you can file sooner than you could if you were still with your spouse. 

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

Link to comment
Share on other sites

Country: Canada
Timeline

Thank you everyone. I am still at the grieving stages and honestly the last 4 days, I haven't been doing anything other than cry in my room and pretend it's alright :( We still live together for now until each of us have reasonable accommodation.

The uncertainties of the future is giving me too much anxiety. I will likely hire a lawyer to help me with this but thank you so much for your responses. I will start gathering more evidence and keep them safe until we are ready to file and the divorce decree is out :(

Edited by UScanucks
Link to comment
Share on other sites

  • 2 weeks later...
Filed: AOS (apr) Country: Canada
Timeline
On 7/14/2020 at 2:23 AM, UScanucks said:

I am currently 6 months past my conditional green card. We've been married for 2 years. My USC husband is filing for divorce. We are still currently living together until the end of the month. He is moving out of state. He said he fell out of love :(  I am completely devastated. I came to the US on a TN visa to AOS after marriage.

I am currently gathering evidence (both of us listed as emergency contact and beneficiaries from work, joint account, car insurance, costco memberships, drivers license with the same address, documents for our dogs listed together, over 50 pictures, facebook messages, facebook posts, iMessages, leases, copies of all mails through USPS, Tmobile phone records with his number being called or calling me, VenMo records). He is also willing to give me affidavit and I have 4 other friends who knows us willing to provide affidavits.  I do not know if this is too much but I wanted to make sure I have enough documents for the waiver. Our engagement was a bit to short, only 3 months!  I am actually Canadian and sometimes, I just want to give it up and go back to canada. 

What else do you suggest I should gather now? Can I travel with a conditional green card even with pending divorce?

 

 

 

 

I am sorry you're going through this. I am going through the same thing except I've had my conditional green card for one year. We've been married for 2 years as well. I do believe divorce is the best thing in my situation though, even though I do still have love for my husband, we are not compatible. I am also Canadian, so it seems like we have much in common. I came here looking for advice and your post has helped. Thank you for sharing, and I wish you well. 

K-1 Visa AOS Timeline:

Date format is MM/DD/YY

 

10/18/18 - Sent AOS Package to Chicago

10/25/18 - USCIS took AOS fee (credit card payment)

10/30/18 - NOA1 Text Messages Received

11/02/18 - Biometrics Appointment Letter & NOA1 Hard Copies Received

11/13/18 - Biometrics Appointment

11/13/18 - Received RFIE (forgot to include husband’s full tax return)

11/13/18 - AOS status updated to "On November 13, We Sent You A Request For Initial Evidence"

11/29/18 - RFIE response delivered to USCIS

03/25/19 - AOS status updated to "Ready To Be Scheduled For Interview"

04/02/19 - AOS status updated to "Interview Was Scheduled"

04/04/19 - Received Interview Letter

05/07/19 - Green Card Interview - Baltimore (did not get on the spot approval)

05/07/19 - AOS status updated to "Interview Was Completed And My Case Must Be Reviewed"

05/29/19 - EAD status updated to "New Card Is Being Produced"

06/01/19 - EAD & AP 1-797 hard copies received

06/02/19 - EAD status updated to "Card Was Mailed To Me"

06/03/19 - Received updated SSN card with married name.

06/03/19 - EAD status updated to "Card Was Picked Up By USPS"

06/04/19 - EAD status updated to "Card Was Delivered To Me By The Post Office"

06/04/19 - Received Combo Card in the mail

07/13/19 - AOS status updated to "New Card Is Being Produced"

07/16/19 - AOS status updated to "Card Was Mailed To Me"

07/17/19 - AOS status updated to "Card Was Picked Up By USPS"

07/19/19 - AOS status updated to "Card Was Delivered To Me By The Post Office"

07/19/19 - Received Green Card in the mail

 

Link to comment
Share on other sites

Country: Canada
Timeline
On 7/30/2020 at 11:10 AM, NikkiFromCanada said:

I am sorry you're going through this. I am going through the same thing except I've had my conditional green card for one year. We've been married for 2 years as well. I do believe divorce is the best thing in my situation though, even though I do still have love for my husband, we are not compatible. I am also Canadian, so it seems like we have much in common. I came here looking for advice and your post has helped. Thank you for sharing, and I wish you well. 

Hello fellow Canadian! Thank you for your post. I read your postings as well and I am so sorry you are experiencing the same. Divorce sucks. It's been 3 weeks and I still couldn't function every day without shedding a tear. Sometimes, I wake up happy and fine, and just suddenly at random times of the day, I feel an extreme sense of sadness and loneliness. I go to therapy now because I needed someone who listens to what I am feeling without judgment. I hope you are doing okay, and as what everyone says, "It's going to get better". I do sometimes think of just going back to Canada. I get anxious and tired at the same time thinking about the future and the uncertainty of being able to stay in the US. 
I wish you well and if ever you need anything, let me know. 

 

Link to comment
Share on other sites

On ‎7‎/‎14‎/‎2020 at 1:23 AM, UScanucks said:

I am currently 6 months past my conditional green card. We've been married for 2 years. My USC husband is filing for divorce. We are still currently living together until the end of the month. He is moving out of state. He said he fell out of love :(  I am completely devastated. I came to the US on a TN visa to AOS after marriage.

I am currently gathering evidence (both of us listed as emergency contact and beneficiaries from work, joint account, car insurance, costco memberships, drivers license with the same address, documents for our dogs listed together, over 50 pictures, facebook messages, facebook posts, iMessages, leases, copies of all mails through USPS, Tmobile phone records with his number being called or calling me, VenMo records). He is also willing to give me affidavit and I have 4 other friends who knows us willing to provide affidavits.  I do not know if this is too much but I wanted to make sure I have enough documents for the waiver. Our engagement was a bit to short, only 3 months!  I am actually Canadian and sometimes, I just want to give it up and go back to canada. 

What else do you suggest I should gather now? Can I travel with a conditional green card even with pending divorce?

 

 

 

 

y'all will be fine. I was divorce as well when filing for ROC. as u already said gather as many evidences as u can. when submitting your package write a letter explaining what happened and the reason why u divorce hopefully you are not at fault even if you were at fault it wouldn't matter USCIS knows that happened. file the ROC with a waiver of course. Do not hire a lawyer or ask advice to one they most likely going to scare the outta you so you hire them. my situation was more complex since I had a misdemeanor in my record. but  they still gave me my 10 years gc. and about traveling hell yeah you can travel as long as GC not expired.  DO u have joints taxes return record ? if not explained in your letter why u don't have it. any important evidence you do not have explain why you don't have it. better come clean the first time than receiving a RFE asking for what missing.

Link to comment
Share on other sites

I wouldn't worry about the facebook or imessages etc.  The USCIS really wants to see co-habitation and co-mingling of finances.  It sounds like you have those items.  Your ROC will be okay if you choose to stay. If you choose to stay in the USA, look at all your costs.  Medical, dental, rent, car insurance etc..  Base that on what you would make living in Canada and decide if staying here really is worth your effort.  Is your ex willing to help you move back to Canada?  You can definitely travel on your gc.  A conditional car is just like a normal LPR card.  The only difference is ROC.  The USCIS doesn't really care that you got divorced, just that you entered into the marriage in good faith.  I'm sorry your life has taken this path.  I know that is hurts and is disheartening.  Positive thoughts for you.  You will survive. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...