Unaware of divorce and got approved of Conditional Residency

[ClaireFrazer 1]

 

 

Hello ,

 

On May 8, 2019, I entered the USA with my son on K1 and K2 visas, respectively. my Us Citizen husband and I were married on July 7, 2019, and we promptly submitted our Adjustment of Status application on July 23, I obtained my Advance Parole and Work Authorization Permit.

 

However, between April 2020 and June 2020, our marriage encountered difficulties, resulting in a temporary separation during which divorce papers were served to me at my workplace. I signed these papers.My husband then withdraw our -I-485 leading to the cancellation of our Adjustment of Status application and the revocation of my work permit.  We reconciled, and stayed married up to the present date .and the divorce was subsequently rescinded as what my husband had told me .

 

Nonetheless, the cancellation of my Adjustment of Status and work permit posed significant challenges.

With the COVID-19 pandemic and travel restrictions in place, returning to the my home country was not feasible.

 

Consequently, we filed a new Adjustment of Status application in September 2020, which was successful, and my work authorization was reinstated. Our marriage has continued, and we have ample evidences to substantiate its legitimacy.

 

Recently, however, my husband revealed that our divorce was finalized in November 2021, a fact of which I was unaware until now. This revelation has left me concerned about potential implications for my residency status, particularly as my conditional green card expires on June 24, 2024, along with my son's on June 28, 2024. Despite this challenge, I am preparing to submit all necessary documents for the I-751 Removal of Conditional Resident status.

 

I would like to seek for an advice I am worried that USCIS might revoke my residency since it will look like our I-485 was approved on the first place during our interview back in 2022 but then again we were already divorce in Nov of 2021 without our knowledge.

[milimelo 4,238]

You need a lawyer for this, this is out of DIY realm. 

[Dashinka 23,355]

I agree, a good lawyer is required for your case as on the surface it appears you are no longer legally married and therefore the second AOS was decided incorrectly.  In simple terms it appears your GC is invalid, and would most likely require a new legal marriage, and a new AOS package.  A good lawyer will know how to proceed and more particularly as to how best to inform USCIS about the mistake with the second AOS decision to alleviate any potential of material misrepresentation claims.  Maybe try getting on Hacking.

 

Good Luck!

[Timona 3,969]

If you're on good terms with hubby, time to sign I-407 and restart process. 

 

Your current GC is dead. It'll be caught. Better fix it right now. 

 

There was a poster here a while back who got ROC without interview, and during that time, she'd divorced (I think she was waiting to got to interview and present divorce papers but got approved without interview and just sat on the divorce papers). Anyway, she applied for N400, got caught and was thrown back to go fix her ROC.

[Bethie 71]

You will need a lawyer, but how did you not know you were divorced?,  Didnt your husband have to go to court for the  approval of the divorce by the Judge & signing of final divorce decree?

 

[Rocio0010 5,572]

11 hours ago, ClaireFrazer said:

without our knowledge

Sounds like it was without YOUR knowledge. But your husband did know about it?

[Ontarkie 13,950]

~~Moved to Effects of Major Family Changes, from ROC- as this is not the typical divorce waiver thread.~~

 

Mod hat off

It sounds like your husband did not pull the divorce petition and lied to you and to the Officer at your AOS interview. It is very important you seek a very good immigration attorney. 

[Redro 4,601]

K1 visa applicants can adjust status even if they divorce. Issue is… divorce was finalized in 2021 and you received the GC in 2022 and didn’t inform USCIS. I would consult with a lawyer. I would also look at your tax documentation- were you and your husband filing MFJ even when divorced or??? You might be able to figure things out but it sounds like filing for ROC is something you need to do alone because your ex husband sounds like he is playing with your status. 

[beloved_dingo 1,939]

2 hours ago, Bethie said:

You will need a lawyer, but how did you not know you were divorced?,  Didnt your husband have to go to court for the  approval of the divorce by the Judge & signing of final divorce decree?

 

Considering the timing, very likely that any court hearings (if there were any) were via Zoom. Simple divorce cases often do not require stepping foot into a courtroom though. 

 

Since OP willingly signed the divorce papers, we can assume the husband submitted all appropriate documents to the court. But either he never followed up to dismiss the case - which would have been incredibly simple - or he actively participated in the ongoing divorce process and hid it from OP. Even once the divorce was finalized, a motion to vacate could have been filed. I am absolutely baffled that, at the very minimum, the husband kept this to himself for so long though. 

 

OP - I agree with others. I would consult a lawyer, and fully expect you're going to have to basically start over and get a new green card. 

 

And personally...I'd suggest having a very blunt, tough conversation with your husband about this. Either he was grossly negligent and hid things from you, or he lied to you and hid things from you. If it were me, I'd be getting the divorce case files directly from the clerk of the court to see exactly what your husband filed and when pertaining to the divorce. There's no way he "accidentally" got divorced.

 

[SalishSea 16,851]

I don’t understand how a person can be divorced by someone and not realize it.   There are signatures required, even for simple divorces.   And it wasn’t like it was a divorce done in absentia for someone who could not be located.

 

There must be more to this story.   One wonders about the future of a marriage where this has occurred.

 

And from an immigration perspective, OP you need a good immigration lawyer like yesterday.   This is well above free internet pay grade.

[Ontarkie 13,950]

22 minutes ago, SalishSea said:

I don’t understand how a person can be divorced by someone and not realize it.   There are signatures required, even for simple divorces.   And it wasn’t like it was a divorce done in absentia for someone who could not be located.

 

There must be more to this story.   One wonders about the future of a marriage where this has occurred.

 

And from an immigration perspective, OP you need a good immigration lawyer like yesterday.   This is well above free internet pay grade.

She signed the forms but when they reconciled he told her he stopped or pulled the forms. She believed him, the divorce continued. 

 

 

 

[Ontarkie 13,950]

2 hours ago, Redro said:

K1 visa applicants can adjust status even if they divorce. Issue is… divorce was finalized in 2021 and you received the GC in 2022 and didn’t inform USCIS. I would consult with a lawyer. I would also look at your tax documentation- were you and your husband filing MFJ even when divorced or??? You might be able to figure things out but it sounds like filing for ROC is something you need to do alone because your ex husband sounds like he is playing with your status. 

I forgot about this possibility. Since he did not pull the AOS, she was still able to adjust. I wonder what he said during the interview.  ROC is probably not impossible, but go get a few consultations to make sure what steps to take. 

[SalishSea 16,851]

1 minute ago, Ontarkie said:

She signed the forms but when they reconciled he told her he stopped or pulled the forms. She believed him, the divorce continued. 

 

 

 

I get that, but in every divorce I’ve ever heard of, both parties are notified of the final dissolution, and generally there are final signatures gathered, etc.

[Conchas Chinas 139]

9 minutes ago, SalishSea said:

I get that, but in every divorce I’ve ever heard of, both parties are notified of the final dissolution, and generally there are final signatures gathered, etc.

Not in all cases - maybe State dependent.

 

The original papers in my divorce were signed by both of us and then she departed the US for the UK. 4 months later, the court case was attended to by only myself and my lawyer - Judge noted that she wasn't there and proceeded to stamp the papers. I called her a few days later to let know that it was completed and sent her a copy of the final papers via FedEx

[Redro 4,601]

18 minutes ago, SalishSea said:

I get that, but in every divorce I’ve ever heard of, both parties are notified of the final dissolution, and generally there are final signatures gathered, etc.

Husband could have hid the mail. 
Husband could have requested she sign documentation and she did so without realizing what she was signing… (we all know couples where one person takes charge and the other trusts and follows).