What happens after divorce under a temporary permanent residency?

[sushiS2 8]

Hello,

I received a 2 year temporary permanent residency/green card back in March this year, and I should file a Form I-751, Petition to Remove the Conditions of Residence, to become a permanent resident in December 2023, but I am planning to file a divorce with a husband that helped me through with that green card journey.

What happens if I file divorce now, although my temporary permanent residency card does not expire until late next year?

and in the meantime, Can I marry someone else and still file the form i-751 before the temporary one expires and still receive a permanent residency card?

 

Thank you!

[Happymallymute 50]

I went through a dyi divorce and divorce waiver 751. 

 

Nothing happens to your LPR status or card while you're going through the divorce.

 

If your divorce is finalized before your 90 day window to file before your conditional GC expiration date, that's great. You don't have to wait for the window and you may file at anytime. 

 

If not, you're going to run into some hurdles to produce the final divorce decree within a tight deadline. 

 

Divorcing and marrying someone else before your 2 year conditional period is over may draw some scrutiny to your case, be prepared. Not accusing you of fraud, but that's quite a quick turn around.

[Timona 3,977]

Is your new love USC or where is he from?

[sushiS2 8]

2 minutes ago, Timona said:

Is your new love USC or where is he from?

Both my husband(to be ex) and my current bf are US citizens

[sushiS2 8]

14 minutes ago, Happymallymute said:

I went through a dyi divorce and divorce waiver 751. 

 

Nothing happens to your LPR status or card while you're going through the divorce.

 

If your divorce is finalized before your 90 day window to file before your conditional GC expiration date, that's great. You don't have to wait for the window and you may file at anytime. 

 

If not, you're going to run into some hurdles to produce the final divorce decree within a tight deadline. 

 

Divorcing and marrying someone else before your 2 year conditional period is over may draw some scrutiny to your case, be prepared. Not accusing you of fraud, but that's quite a quick turn around.

Thank you for your reply.

So does that mean I don’t have to wait to file I-751 until 90 days before my current permanent residency card expires? and Did you get it approved even after the divorce as well?

[Timona 3,977]

Before I answer you, when did you and new beau meet and start talking?

 

Anyway, you're free to divorce. Expect scrutiny on your immigration history. 

Edited September 5, 2022 by Timona

[sushiS2 8]

Just now, Timona said:

Before I answer you, when did you and new beau meet and start talking?

My husband and I have been seperated for 8 months now, and I met my current boyfriend 4 months ago. My husband was nice enough to still help me out with the permanent residency journey, but he cheated on me so we couldn’t stay together.

[Timona 3,977]

3 minutes ago, sushiS2 said:

My husband and I have been seperated for 8 months now, and I met my current boyfriend 4 months ago. My husband was nice enough to still help me out with the permanent residency journey, but he cheated on me so we couldn’t stay together.

 

In your first post, you mentioned that you got your GC in March of this 2022 year. We are in September. So, since it's 8 months since separation, that means you separated in February of 2022 BEFORE your GC was issued/ interview.

 

The above means your GC was not obtained on basis of a bona-fide marriage. So, you should have withdrew your petition. 

 

Did you have a GC interview?

Did you do a CR-1/I-R1 or you adjusted from some other visa? 

[sushiS2 8]

3 minutes ago, Timona said:

 

In your first post, you mentioned that you got your GC in March of this 2022 year. We are in September. So, since it's 8 months since separation, that means you separated in February of 2022 BEFORE your GC was issued/ interview.

 

The above means your GC was not obtained on basis of a bona-fide marriage. So, you should have withdrew your petition. 

 

Did you have a GC interview?

Did you do a CR-1/I-R1 or you adjusted from some other visa? 

We got lucky and they didn’t ask us to attend the interview but requested the medical form to be sent to the field office and once we sent that over, the status changed to new card is being issued and I received my green card. And Like I said, my husband was nice and still didn’t want to end that process because he was sorry about what he did to me.

[Ontarkie 13,979]

~~Moved to Effects of Major Family Changes, from AOS from W,S & T Visas- As similar topics are discussed here.~~

[Timona 3,977]

1 minute ago, sushiS2 said:

We got lucky and they didn’t ask us to attend the interview but requested the medical form to be sent to the field office and once we sent that over, the status changed to new card is being issued and I received my green card. And Like I said, my husband was nice and still didn’t want to end that process because he was sorry about what he did to me.

 

I understand your point. However, your husband has nothing to lose. You have and might when USCIS revisits the timeline. He's not going through immigration. 

Good luck ☘

[nastra30 2,067]

11 minutes ago, sushiS2 said:

We got lucky and they didn’t ask us to attend the interview but requested the medical form to be sent to the field office and once we sent that over, the status changed to new card is being issued and I received my green card. And Like I said, my husband was nice and still didn’t want to end that process because he was sorry about what he did to me.

Even though you got lucky, it does not mean you got your conditional residency based on a bona-fide marriage. USCIS will 100% scrutinize your cases going forward.

 

But let's assume everything was bona-fide from the beginning.  You have a couple of options.

(Option1)The least controversial option (imo) is for you to distance yourself from your current conditional residency by doing the following:

1) divorce your current husband right away

2) Marry your new husband

3) Let your current conditional residency lapse and don't file for removal of condition

4) File a new I-130 and I-485 to adjust status based on new marriage to new husband

 

(Option2)

1) divorce your current husband right away

2) file for removal of conditions (with divorce waiver) right away ased . You don't necessarily have to wait until you hit years to remove condition in the situation because it is allowed by law

3) marry your new husband

 

However, I think maybe an attorney will be suited for circumstance.

 

[Redro 4,602]

21 minutes ago, sushiS2 said:

We got lucky and they didn’t ask us to attend the interview but requested the medical form to be sent to the field office and once we sent that over, the status changed to new card is being issued and I received my green card. And Like I said, my husband was nice and still didn’t want to end that process because he was sorry about what he did to me.

You separated 8 months ago...

Were you living with your STBX when the GC was approved?

Are/were you still living with your husband or did you move out of your shared residence. 

If you have moved out of the shared residence have you registered an address change?

You are allowed to divorce after obtaining the 2 year conditional green card. But, you will have to submit evidence of bonafide relationship AFTER the 2 year GC was obtained.

Your STBX husband had nothing to lose by agreeing to continue with the AOS process but you might have an issue when you apply for ROC.

I would speak to a lawyer about your situation. 

Edited September 6, 2022 by ROK2USA

[Family 3,585]

17 minutes ago, sushiS2 said:

My husband and I have been seperated for 8 months now, and I met my current boyfriend 4 months ago. My husband was nice enough to still help me out with the permanent residency journey, but he cheated on me so we couldn’t stay together

You have unfortunately ended up with some big problems….since you were already separated before I-485 was approved on March 2022. 
 

Did they mail the green card at husband’s address or the new place you were living at? 
 

Is there a reason you delayed the divorce since so much time has passed and you have a new relationship? 

A Divorce Waiver I-751 can be filed anytime, so as soon as divorce is final, no reason to wait for “90 day window “. 

[Family 3,585]

2 minutes ago, nastra30 said:

3) Let your current conditional residency lapse and don't file for removal of condition

4) File a new I-130 and I-485 to adjust status based on new marriage to new husband

# 3 is not an option. OP must file I-751 from current spouse and that marriage WILL be looked at with a magnifying glass…no matter how solid the new marriage is.