Divorce Whilst Waiting on removal of conditions

[JessnTrev 84]

Hello

 

Before I start rambling please be aware that right now is a VERY raw and hurtful time for me so please be kind - I have just found out my husband cheated on me. We need to talk more about everything but assuming we will be divorcing. I am wondering how this will effect my immigration status? I have been waiting 2 and a half years for an appointment for "removing conditions" to get my 10 year green card extension and I do not want to get deported for getting a divorce and my 3 year old and I are separated. And in all of this I have a 3 year old who was born in the US. Ideally I would like to move back to the UK my home as my entire side of the family is there. I am wondering also what I would need to do to bring her with me? I am a UK citizen and she was born in USA. She has a US passport. I am hurt, lonely and scared. Any input would be amazing. 

Thank you!

[OldUser 9,861]

1 hour ago, JessnTrev said:

I am wondering also what I would need to do to bring her with me?

Full custody

[OldUser 9,861]

1 hour ago, JessnTrev said:

I am a UK citizen and she was born in USA. She has a US passport.

She's probably a UK citizen too and can get Britisgh passport, unless you derived your citizenship from parent overseas yourself. 

Edited June 27 by OldUser

[carmel34 3,741]

10 hours ago, JessnTrev said:

assuming we will be divorcing. I am wondering how this will effect my immigration status? I have been waiting 2 and a half years for an appointment for "removing conditions" to get my 10 year green card extension and I do not want to get deported for getting a divorce

If you are waiting on I-751, removal of conditions, you should contact the USCIS regional office that sent the receipt notice and let them know you are changing the I-751 to a divorce waiver, so a divorce will not negatively affect your immigration status.  File for divorce ASAP, as you will need a final divorce decree to complete the I-751 process.  Sorry to hear about the marital issues, and best wishes to you moving forward.

[JessnTrev 84]

3 minutes ago, carmel34 said:

If you are waiting on I-751, removal of conditions, you should contact the USCIS regional office that sent the receipt notice and let them know you are changing the I-751 to a divorce waiver, so a divorce will not negatively affect your immigration status.  File for divorce ASAP, as you will need a final divorce decree to complete the I-751 process.  Sorry to hear about the marital issues, and best wishes to you moving forward.

Thank you for the info! Do you know if this means I would get deported and my child would be left here?

[carmel34 3,741]

6 minutes ago, JessnTrev said:

Thank you for the info! Do you know if this means I would get deported and my child would be left here?

You will not be deported if you switch your pending I-751 to a divorce waiver and submit a final decree of divorce in response to a likely RFE.  The issue of your child will be up to a judge in the divorce process.  As others have suggested, you need a good divorce attorney who could help you get full legal custody of your child.  If you are successful, you could move back to the UK with your child.  If not, you can legally stay in the USA to co-parent, while the I-751 is pending and after it is approved.  Good luck!

[Boiler 47,446]

Will the husband be OK with the child leaving the US?

[mam521 2,507]

The divorce waver has been covered.  

 

As for your child, you will require full custody or permission from the child's father to move the child to the UK.  The US are quite strict about US born children and parental rights.  

 

Regardless, I would definitely get your Little their British citizenship: https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006 and their UK passport.  

 

So sorry you're going through all of this!  

[JessnTrev 84]

On 6/27/2025 at 7:50 AM, carmel34 said:

You will not be deported if you switch your pending I-751 to a divorce waiver and submit a final decree of divorce in response to a likely RFE.  The issue of your child will be up to a judge in the divorce process.  As others have suggested, you need a good divorce attorney who could help you get full legal custody of your child.  If you are successful, you could move back to the UK with your child.  If not, you can legally stay in the USA to co-parent, while the I-751 is pending and after it is approved.  Good luck!

Just so im understanding correctly, if I change the 1-751 to a divorce waiver I can live in the us?

[OldUser 9,861]

7 minutes ago, JessnTrev said:

Just so im understanding correctly, if I change the 1-751 to a divorce waiver I can live in the us?

If you mean I-751, then yes.

You can successfully remove conditions on your own, without spouse, if you can prove your marriage was real and not for immigration purposes.

[JessnTrev 84]

Hello - Looking for some advice - This is an extremely hard time for me so please be respectful in your commenting.

 

I am a UK citizen and I have been married for 8 years to an American. I reside in Michigan. I just found out my husband cheated on me. We have a 3 year old together who was born here in the US. We will be getting a divorce. I have been waiting 2.5 years for removal of conditions to get my extension for the 10 year green card. I want to remain in the US as my child can still be around her father and family/friends. Where do I start for informing USCIS? What documents do I fill out? Do I file for divorce first and then contact USCIS or do I wait for the divorce to be finalized first? SO many questions and I can not afford a lawyer at this time. I have not filed for divorce yet but I do have the divorce packet in hand. Looking for advice - surely I am not the only one going through this?! Just like everyone else I should have had my interview and green card by now. Please advise on moving forward as right now I am scared and stumped on how to move forward. 

 

Thank you!

Jess.

[OldUser 9,861]

Related to

 

 

[Crazy Cat 44,410]

***Similar threads merged***

[OldUser 9,861]

What's the residence since date on your GC @JessnTrev ?

You need / needed to file I-751 to remove conditions. You can do it on your own.

 

If you filed I-751 jointly with US citizen spouse, you need to file a new I-751 with divorce waiver.

 

Once you get receipt for new case, write a letter to USCIS asking to withdraw your old case mentioning you filed a new case and it's number.

 

Edited Monday at 05:33 PM by OldUser