Getting divorced on temporary green card

[prettylilraindrop 3]

Hi everyone, unfortunately my husband of almost 2 years has cheated on me. I’m obviously heartbroken, we were together 6 years, known him for 9. I am now trying to think practically and protect myself.

 

I got my conditional green card in February of this year so it doesn’t expire until 2023. Does this mean if we get divorced I will need to leave to country? What are my rights and what do I do to stay in the country (if that’s what I decide) after divorce? I’m completely clueless so please give me as much info as possible as well as prices if possible.

 

thank you! 

[EM_Vandaveer 2,408]

As soon as you have your divorce decree (if earlier than when your conditional card expires), you can file I-751 with a divorce waiver.

If you have documentation that proves co-habitation & financial co-mingling during the marriage, you are likely to be approved & given a 10-year GC.

You will need to wait 5 years (minus 3 months) from the date you got your first GC to be able to file for naturalization.

Edited December 14, 2021 by EM_Vandaveer

[igoyougoduke 1,660]

35 minutes ago, prettylilraindrop said:

Hi everyone, unfortunately my husband of almost 2 years has cheated on me. I’m obviously heartbroken, we were together 6 years, known him for 9. I am now trying to think practically and protect myself.

 

I got my conditional green card in February of this year so it doesn’t expire until 2023. Does this mean if we get divorced I will need to leave to country? What are my rights and what do I do to stay in the country (if that’s what I decide) after divorce? I’m completely clueless so please give me as much info as possible as well as prices if possible.

 

thank you! 

you are permanent resident. no one can take it away.  By november 2022 you should get ready to file for condition removal (i-751). This form can be filed in two ways. If you married than  you file with your husband and than attend the interview with your sponsor - husband during the process  to show that you marriage is still intact and you get a permanent green card. there will be an interview 

 

On the other if your choose to separate than you can file i-751 condition removal process with a divorce waiver. in this case you would get a court document showing that your divorce is complete in order for USCIS to approve the removal of conditions petition . in this case your petition is by yourself.

 

That is the essence of the process . so you are either married or divorced.. with regards to USCIS 

[da95826 387]

50 minutes ago, prettylilraindrop said:

Does this mean if we get divorced I will need to leave to country?

No, absolutely not. You have a conditional green card and you remain a lawful permanent resident even after divorce.

 

1 hour ago, prettylilraindrop said:

I am now trying to think practically and protect myself.

Collect evidence that you enter into the marriage in good faith to submit with an i751 divorce waiver application.

 

You will be required to show you lived with your spouse as a married couple (lived at the same address) some evidence you should save: Joint Lease, joint bills, travel together, photos together… also showing co-mingling of money (shared income, spending, and savings) ; joint tax returns, joint bank accounts statements, joint insurance --health, life, auto--...

 

Be prepared to file an i751 waiver application as soon as you get a divorce, or file a joint application if you can reconcile with your spouse.

 

Sorry this has happened to you. You have rights to stay in the USA if you wish and to file to remove conditions on your LPR.

[Don Godwin 225]

2 hours ago, prettylilraindrop said:

Hi everyone, unfortunately my husband of almost 2 years has cheated on me. I’m obviously heartbroken, we were together 6 years, known him for 9. I am now trying to think practically and protect myself.

 

I got my conditional green card in February of this year so it doesn’t expire until 2023. Does this mean if we get divorced I will need to leave to country? What are my rights and what do I do to stay in the country (if that’s what I decide) after divorce? I’m completely clueless so please give me as much info as possible as well as prices if possible.

 

thank you! 

File your i751 as soon as divorce is finalized the process to get Roc can take anywhere from 2-3yrs I was in same boat had my i751 interview today, and I filed early in 2019 and I just got interviewed today my conditional GC got expired Sept 2020 but I got an 18mos extension letter. 

[prettylilraindrop 3]

On 12/14/2021 at 4:26 AM, da95826 said:

No, absolutely not. You have a conditional green card and you remain a lawful permanent resident even after divorce.

 

Collect evidence that you enter into the marriage in good faith to submit with an i751 divorce waiver application.

 

You will be required to show you lived with your spouse as a married couple (lived at the same address) some evidence you should save: Joint Lease, joint bills, travel together, photos together… also showing co-mingling of money (shared income, spending, and savings) ; joint tax returns, joint bank accounts statements, joint insurance --health, life, auto--...

 

Be prepared to file an i751 waiver application as soon as you get a divorce, or file a joint application if you can reconcile with your spouse.

 

Sorry this has happened to you. You have rights to stay in the USA if you wish and to file to remove conditions on your LPR.

Thank you. I will get on this. I am not sure how long the divorce process takes, does it matter if I wait a few months before starting the divorce or does this appear fraudulent to uscis? We are the process of working out closing our joint account and changing/ breaking our lease so I’ll be sure to take evidence before that happens but I just didn’t know if waiting to officially divorce will mess anything up 

[da95826 387]

13 hours ago, prettylilraindrop said:

I am not sure how long the divorce process takes, does it matter if I wait a few months before starting the divorce or does this appear fraudulent to uscis?

You have 14 months before your green card expires so you have time to file for divorce. Waiting a short time to file for divorce will be okay, I don't think USCIS will have any issue with that. But a divorce is important for you to get sooner rather than later to get your ROC approved.

 

The thing that will make USCIS confident that your i751 waiver is valid is to provide as much evidence as you can that your marriage was in good faith. At this point collecting and saving bona fide marriage evidence between wedding and the separation is the most important thing to do.

 

An i751 waiver application can be made at any time you don’t have to wait until 90 days before CGC expires so if you file for divorce and get the final decree long before your green card expires you can file the i751 waiver early.

[Don Godwin 225]

16 hours ago, da95826 said:

You have 14 months before your green card expires so you have time to file for divorce. Waiting a short time to file for divorce will be okay, I don't think USCIS will have any issue with that. But a divorce is important for you to get sooner rather than later to get your ROC approved.

 

The thing that will make USCIS confident that your i751 waiver is valid is to provide as much evidence as you can that your marriage was in good faith. At this point collecting and saving bona fide marriage evidence between wedding and the separation is the most important thing to do.

 

An i751 waiver application can be made at any time you don’t have to wait until 90 days before CGC expires so if you file for divorce and get the final decree long before your green card expires you can file the i751 waiver early.

 

On 12/13/2021 at 7:14 PM, prettylilraindrop said:

Hi everyone, unfortunately my husband of almost 2 years has cheated on me. I’m obviously heartbroken, we were together 6 years, known him for 9. I am now trying to think practically and protect myself.

 

I got my conditional green card in February of this year so it doesn’t expire until 2023. Does this mean if we get divorced I will need to leave to country? What are my rights and what do I do to stay in the country (if that’s what I decide) after divorce? I’m completely clueless so please give me as much info as possible as well as prices if possible.

 

thank you! 

Get the divorced finalized as soon as possible and be prepared to file your ROC immediately, i was in same shoes as you my attorney advised i file asap that it takes 2yrs to get an interview and she was right i was on an extension letter after 1yrs of my GC expiration that when i got interviewed and my case was approved and i got my 10 yrs GC in the mail yesterday, P.S ; Gather as much bonafide marriage evidence and photos of places you've been and your income taxes you both did together thats the most important document the Interviewing officer would be looking out for and if you got bank accounts,car notes,house leases or mortagages together get all those documentation together and you'll be good fear not for you'll get approved, and also if you have proof of what made the marriage didn't work out you can add that to your case and build a perfect  case file for your ROC. All the best.

[Don Godwin 225]

On 12/20/2021 at 6:37 AM, prettylilraindrop said:

Thank you. I will get on this. I am not sure how long the divorce process takes, does it matter if I wait a few months before starting the divorce or does this appear fraudulent to uscis? We are the process of working out closing our joint account and changing/ breaking our lease so I’ll be sure to take evidence before that happens but I just didn’t know if waiting to officially divorce will mess anything up 

also be ready to prove that you both lived under the same address while being married 

 

[Ontarkie 14,254]

~~MOved to Effects of Major Family Changes, form ROC - as similar threads are discussed here~~