Getting a divorce during Conditional Visa

[fenderbender1 0]

First off.  Happy New Years to everyone.  I hope you all enjoy and stay safe.

I would also like to apologize for probably asking a question that has been asked before but I not only would appreciate hopefully some words of encouragement, but also some advice or personal experience with a situation like this.

So we've been married a year and a half(We are residing in NYC). Our marriage was entered in good faith and we do have a lot of documents and pictures to back it up.  Up until recently my partner and I have been coming to terms with the fact that things just aren't working out anymore.  Divorcing has been a topic of discussion multiple times but due to the uncertainty of the whole visa, we've kept things together until we come to the next step in the process.  I want to continue living in the US and work towards becoming a citizen.

Our interview is next week and I obviously am hoping everything goes well.  I know I can file a divorce waiver with the i-751 form but all the articles and help that I'm finding is a little confusing and discouraging. 

I also am curious as to what will happen after the 2 years with a conditional visa if we do decide to try to make it work and stay together.  Do we need even more of the same exact documents as we are currently collecting, i.e.; more evidence/proof that this was/is a bona fide marriage?  Because what I'm finding online is basically saying that if you file for a divorce waiver with a conditional visa, you need to provide proof that this was a bona fide marriage..but isn't that what the interview is for?

 

I'm aware it looks really bad to file for a divorce, which would be a mutual one, so soon after getting(hopefully) the conditional visa, but is this a no-hope situation?  If I file a divorce waiver and go through with the divorce, there is a possibility that they could deny it and I'll be forced to leave the country? 

My next step, if all goes well with the interview, is to wait a little while and then speak to my immigration lawyer to get an idea of what our next step should be.

[Boiler 45,670]

So your other half, well seemingly sort of, is prepared to go through with the obligations under the affidavit of support?

 

Big commitment especially with divorce in the offing. Could also be an interesting interview.

 

Removal of conditions can be filed as soon as the divorce is finalised, no need to wait the 2 years.

 

[Rocio0010 5,579]

50 minutes ago, fenderbender1 said:

Do we need even more of the same exact documents as we are currently collecting, i.e.; more evidence/proof that this was/is a bona fide marriage?  Because what I'm finding online is basically saying that if you file for a divorce waiver with a conditional visa, you need to provide proof that this was a bona fide marriage

Yep

 

50 minutes ago, fenderbender1 said:

marriage..but isn't that what the interview is for?

With this interview, you’ll get a conditional card. Two years from now you’ll file for ROC, basically presenting documentation that the marriage was entered in good faith.

[SalishSea 17,928]

11 minutes ago, ra0010 said:

Yep

 

With this interview, you’ll get a conditional card. Two years from now you’ll file for ROC, basically presenting documentation that the marriage was entered in good faith.

 

1 hour ago, fenderbender1 said:

First off.  Happy New Years to everyone.  I hope you all enjoy and stay safe.

I would also like to apologize for probably asking a question that has been asked before but I not only would appreciate hopefully some words of encouragement, but also some advice or personal experience with a situation like this.

So we've been married a year and a half(We are residing in NYC). Our marriage was entered in good faith and we do have a lot of documents and pictures to back it up.  Up until recently my partner and I have been coming to terms with the fact that things just aren't working out anymore.  Divorcing has been a topic of discussion multiple times but due to the uncertainty of the whole visa, we've kept things together until we come to the next step in the process.  I want to continue living in the US and work towards becoming a citizen.

Our interview is next week and I obviously am hoping everything goes well.  I know I can file a divorce waiver with the i-751 form but all the articles and help that I'm finding is a little confusing and discouraging. 

I also am curious as to what will happen after the 2 years with a conditional visa if we do decide to try to make it work and stay together.  Do we need even more of the same exact documents as we are currently collecting, i.e.; more evidence/proof that this was/is a bona fide marriage?  Because what I'm finding online is basically saying that if you file for a divorce waiver with a conditional visa, you need to provide proof that this was a bona fide marriage..but isn't that what the interview is for?

 

I'm aware it looks really bad to file for a divorce, which would be a mutual one, so soon after getting(hopefully) the conditional visa, but is this a no-hope situation?  If I file a divorce waiver and go through with the divorce, there is a possibility that they could deny it and I'll be forced to leave the country? 

My next step, if all goes well with the interview, is to wait a little while and then speak to my immigration lawyer to get an idea of what our next step should be.

You've been married for only a year and 1/2, but this is an ROC interview?   Doesn't make sense.

[fenderbender1 0]

15 minutes ago, Boiler said:

So your other half, well seemingly sort of, is prepared to go through with the obligations under the affidavit of support?

 

 

 

I've never heard of this. Can you please elaborate? I'm reading about it on various sites but am still unsure of what this really entails...

[SoCal2021 201]

1 hour ago, fenderbender1 said:

 

Our interview is next week and I obviously am hoping everything goes well. 

What interview do you have next week????  Is it your I-751 interview or is it the initial interview to get your conditional GC.  Please clarify so that you can get better responses.  

[fenderbender1 0]

2 minutes ago, SoCal2021 said:

What interview do you have next week????  Is it your I-751 interview or is it the initial interview to get your conditional GC.  Please clarify so that you can get better responses.  

I'm sorry.  It is the initial interview to get the conditional GC.  I made the post with the idea that all goes well and I will receive the CGC.

Edited December 31, 2021 by fenderbender1

[Boiler 45,670]

I read it that you have yet to receive a GC, you have filed to adjust and removing conditions is way  off in the future.

 

You can read the I 864 to see what the obligations are, beneficiaries have also used it as part of the Divorce proceeding.

 

 

[Dashinka 24,598]

Yes, the obligations under the I864 are long lasting. 

[SalishSea 17,928]

7 minutes ago, fenderbender1 said:

I'm sorry.  It is the initial interview to get the conditional GC.  I made the post with the idea that all goes well and I will receive the CGC.

You've been married for 1.5 years though.  You're out of status?  What visa are you adjusting from?

[fenderbender1 0]

10 minutes ago, Jorgedig said:

 

You've been married for only a year and 1/2, but this is an ROC interview?   Doesn't make sense.

I apologize for any misunderstanding.  This is an interview for the CGC.  In my post, I was speaking through my hopes that it goes well and I receive my CGC.

[SalishSea 17,928]

2 minutes ago, fenderbender1 said:

I apologize for any misunderstanding.  This is an interview for the CGC.  In my post, I was speaking through my hopes that it goes well and I receive my CGC.

The thing is, the entire interview is about seeking an immigration benefit based on your marriage.  You are both under oath to tell the truth at the interview.

 

So she is going to pretend that you're still together, and sign on to be your sponsor etc?

[Rocio0010 5,579]

Just last week somebody posted a video where Jim Hacking flew off the handle for a situation similar like this: a person applied for ROC, which was granted… however that person failed to inform USCIS about the divorce and was getting ready to remarry and petition for someone else. So “pretending” here never ends well. I’m not saying this is your situation, OP. But next week you’ll be under oath, what are you going to do? Pretend you’re still HAPPILY married? (yes, i know you’re still married, but also already talking about divorce).

Next week your interview is for a conditional GC. Two years from now you’ll file for ROC -but first things first!

[fenderbender1 0]

Just now, Jorgedig said:

The thing is, the entire interview is about seeking an immigration benefit based on your marriage.  You are both under oath to tell the truth at the interview.

 

So she is going to pretend that you're still together, and sign on to be your sponsor etc?

We are still together.  We are ready for the initial interview next week and hope that it goes well.  My post was a way of me exploring my options in the near future.  This is a bona fide marriage...we have plenty of supporting documents, proof, and pictures.  If all goes well and I get the conditional green card, I just wanted to get an idea of what filing for a divorce would entail and what my options are.  I've seen a few posts on here saying that if you have a CGC and you want a divorce, you basically can file for a divorce waiver on the i-751, show proof again that it was a bona fide marriage in another interview and hope for the best.

[Boiler 45,670]

The situation does not normally come up as the USC does not want to incur the obligations of the I 864.

 

Quite how you will deal with the interview is another matter.