Please help: Already have conditional res, filed for removal, but now divorcing

[newperson07 0]

First, I am so happy I accidentally found this site while almost losing hope! So thank you in advance to all who contribute your advice and experience.

Ok, I came to the USA in FEb 2004, married in March 2004. I have already received my conditional status and I am waiting to have it removed...my husband filed for divorce and I my removal status is still pending. What should I do and am I ok? Our marriage was very happy and real...we dated for over a year in the Philippines prior to me coming here. I sent everything USCIS asked for almost 4 months prior to the filing of the divorce. (The divorce will be final within 2 weeks) I have a s.s. card and my conditional status was extended and additional year due to slow processing. Any help would be greatly appreciated! Also I have car insurance, I am on the deed of our house, I have med ins. etc.)

P.S. My Husband has been trying to scare me and tells me that I should voluntarily deport myself to avoid trouble with immigration. I have been nervous and very stressed out and I really need peace of mind! Thank you and God Bless.

Thank you!

[diadromous mermaid 36]

First, I am so happy I accidentally found this site while almost losing hope! So thank you in advance to all who contribute your advice and experience.

Ok, I came to the USA in FEb 2004, married in March 2004. I have already received my conditional status and I am waiting to have it removed...my husband filed for divorce and I my removal status is still pending. What should I do and am I ok? Our marriage was very happy and real...we dated for over a year in the Philippines prior to me coming here. I sent everything USCIS asked for almost 4 months prior to the filing of the divorce. (The divorce will be final within 2 weeks) I have a s.s. card and my conditional status was extended and additional year due to slow processing. Any help would be greatly appreciated! Also I have car insurance, I am on the deed of our house, I have med ins. etc.)

P.S. My Husband has been trying to scare me and tells me that I should voluntarily deport myself to avoid trouble with immigration. I have been nervous and very stressed out and I really need peace of mind! Thank you and God Bless.

Thank you!

You submitted a joint application with your husband 4 months ago to remove the conditions on your residency, and now your husband has filed for divorce?

[Moldovandish 0]

Since the application has been submitted before the divorce procedures, I think you need to wait and see what the USCIS decision is. Since your status is pending and you have the 1-year extension, you shouldn't worry about leaving the country at this point. Unless they want more evidence, you might just get your approval. Just make sure you notify them if you change your address.

It looks like you've been married for over two years, so even if USCIS rejects your application, you might still be able to get your 10-year green card. I don't know much about that process, but I am sure that someone here will be able to help you.

[diadromous mermaid 36]

Since the application has been submitted before the divorce procedures, I think you need to wait and see what the USCIS decision is. Since your status is pending and you have the 1-year extension, you shouldn't worry about leaving the country at this point. Unless they want more evidence, you might just get your approval. Just make sure you notify them if you change your address.

It looks like you've been married for over two years, so even if USCIS rejects your application, you might still be able to get your 10-year green card. I don't know much about that process, but I am sure that someone here will be able to help you.

Please don't speculate.

[newperson07 0]

First, I am so happy I accidentally found this site while almost losing hope! So thank you in advance to all who contribute your advice and experience.

Ok, I came to the USA in FEb 2004, married in March 2004. I have already received my conditional status and I am waiting to have it removed...my husband filed for divorce and I my removal status is still pending. What should I do and am I ok? Our marriage was very happy and real...we dated for over a year in the Philippines prior to me coming here. I sent everything USCIS asked for almost 4 months prior to the filing of the divorce. (The divorce will be final within 2 weeks) I have a s.s. card and my conditional status was extended and additional year due to slow processing. Any help would be greatly appreciated! Also I have car insurance, I am on the deed of our house, I have med ins. etc.)

P.S. My Husband has been trying to scare me and tells me that I should voluntarily deport myself to avoid trouble with immigration. I have been nervous and very stressed out and I really need peace of mind! Thank you and God Bless.

Thank you!

You submitted a joint application with your husband 4 months ago to remove the conditions on your residency, and now your husband has filed for divorce?

Yes, we filed jointly prior to the divorce procedures. I received the I-797C Notice of Action receipt dated on Nov. 17th 2006. The Divorce was filed on Feb15th 2007, but I didn't sign the divorce papers until March 20th 2007.

[newperson07 0]

Since the application has been submitted before the divorce procedures, I think you need to wait and see what the USCIS decision is. Since your status is pending and you have the 1-year extension, you shouldn't worry about leaving the country at this point. Unless they want more evidence, you might just get your approval. Just make sure you notify them if you change your address.

It looks like you've been married for over two years, so even if USCIS rejects your application, you might still be able to get your 10-year green card. I don't know much about that process, but I am sure that someone here will be able to help you.

Thank you and I hope you are right. I may contact an attorny today to find out more.

[diadromous mermaid 36]

First, I am so happy I accidentally found this site while almost losing hope! So thank you in advance to all who contribute your advice and experience.

Ok, I came to the USA in FEb 2004, married in March 2004. I have already received my conditional status and I am waiting to have it removed...my husband filed for divorce and I my removal status is still pending. What should I do and am I ok? Our marriage was very happy and real...we dated for over a year in the Philippines prior to me coming here. I sent everything USCIS asked for almost 4 months prior to the filing of the divorce. (The divorce will be final within 2 weeks) I have a s.s. card and my conditional status was extended and additional year due to slow processing. Any help would be greatly appreciated! Also I have car insurance, I am on the deed of our house, I have med ins. etc.)

P.S. My Husband has been trying to scare me and tells me that I should voluntarily deport myself to avoid trouble with immigration. I have been nervous and very stressed out and I really need peace of mind! Thank you and God Bless.

Thank you!

You submitted a joint application with your husband 4 months ago to remove the conditions on your residency, and now your husband has filed for divorce?

Yes, we filed jointly prior to the divorce procedures. I received the I-797C Notice of Action receipt dated on Nov. 17th 2006. The Divorce was filed on Feb15th 2007, but I didn't sign the divorce papers until March 20th 2007.

So if you are legally divorced (or will be in two weeks, it appears) then the above recommendation is quite clearly NOT WHAT YOU SHOULD DO.... in fact, the USCIS is statutorily prohibited from adjudicating a jointly filed petition when the parties are already divorced.

(Moldovandish, this is the hazard of offering answers when all of the facts are not presented)

Of course, I would always suggest that if in doubt "contact an immigration attorney".

[Moldovandish 0]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

[Nancy2015 2]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

In this case, if she ever files for citizenship in the future, USCIS will see that her divorce had been finalized before the joint I-751 was approved. The consequences can be really bad. And USCIS may find out some other way too, even if she decides not to ever file for citizenship.

[newperson07 0]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

In this case, if she ever files for citizenship in the future, USCIS will see that her divorce had been finalized before the joint I-751 was approved. The consequences can be really bad. And USCIS may find out some other way too, even if she decides not to ever file for citizenship.

I contacted a few attorneys and have arranged a couple of meetings. Seems like they can help. Its just a little expensive...($2200.00) and up. I guess its better for them to help than for me to do it on my own.

[simple_male 1]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

In this case, if she ever files for citizenship in the future, USCIS will see that her divorce had been finalized before the joint I-751 was approved. The consequences can be really bad. And USCIS may find out some other way too, even if she decides not to ever file for citizenship.

I contacted a few attorneys and have arranged a couple of meetings. Seems like they can help. Its just a little expensive...($2200.00) and up. I guess its better for them to help than for me to do it on my own.

Good Luck to you!

[newperson07 0]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

In this case, if she ever files for citizenship in the future, USCIS will see that her divorce had been finalized before the joint I-751 was approved. The consequences can be really bad. And USCIS may find out some other way too, even if she decides not to ever file for citizenship.

I contacted a few attorneys and have arranged a couple of meetings. Seems like they can help. Its just a little expensive...($2200.00) and up. I guess its better for them to help than for me to do it on my own.

Good Luck to you!

Thank You! I appreciate everyone's input.

[diadromous mermaid 36]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

The PR could be revoked retroactively.

[R751 0]

So what happens if the USCIS, not knowing about the divorce, approves the petition?

In this case, if she ever files for citizenship in the future, USCIS will see that her divorce had been finalized before the joint I-751 was approved. The consequences can be really bad. And USCIS may find out some other way too, even if she decides not to ever file for citizenship.

I contacted a few attorneys and have arranged a couple of meetings. Seems like they can help. Its just a little expensive...($2200.00) and up. I guess its better for them to help than for me to do it on my own.

Just wondering if there is any update on your case?

[cleverkat 0]

Deadromous is correct. It states clearly on USCIS website that I-751 should be resubmitted in case of divorce.