BandBjourney

If I change my name with SS now, will I run into problems when using my greencard (when it comes) because it will have a different name?

HI all! Sorry if this is posted in the wrong forum. I applied to remove conditions on my green card in November 2022. Since then, my divorce has been completed and I want to go back to using my maiden name. I wrote a cover letter when I applied to remove conditions stating that my divorce was pending and I'm expecting a RFE for that. I haven't officially started the process of changing my name back to my maiden name (with social security etc) because I didn't know if it would complicate my green card application, as the names will be different. My question is.. when can I contact social security to change my name back to my maiden name and how will this affect my pending ROC. Any help is appreciated. Please be kind.. I am not knowledgeable in this area and have never been divorced before.

Thank you for this response. I am thinking what makes most sense is to convert my petition from filing jointly to waiver after I have gotten divorced. For now I will apply as filing jointly, then I will find a way for us to get divorced and notify USCIS that I am changing to divorce waiver. This makes sense correct? really appreciate all of these comments at this difficult time. I am never intending to pull the wool over USCIS’ eyes I just want to do what is right and honest in order to stay. Let’s face it.. this whole immigration thing is COMPLICATED. I need all the help I can get.

No it’s totally ok. I appreciate your comment even if it does seem harsh. I will file jointly for now. As soon as it is filed I will look at how to get divorced within the next year. Then present this to USCIS when I have the divorce papers in hand. Does this sound like the most honest and sensible option?

Ok I think this makes sense. File jointly for the time being, then send in divorce decree when I am able to get a divorce. As the waiting period for ROC is over a year I will have the time to get divorced and send them notice of this. i apologise if anything sounds like ‘a red flag’ or that I’m being stupid/naive. I just had the metaphorical rug pulled from under me and am trying to find a way to stay in the country because I built a life there.. with or without my husband.

Not that I should have to explain but my family paid for flights for both me and my husband over a year ago to visit, we were supposed to go over in November. I called and changed the flight to flying alone and changed the dates. I spent no extra money to do this.

Ok thank you. Just one more question, at interview stage, how would I explain me couch surfing in a different state for the whole wait period? Like I said we plan to keep our finances the same even if I am in a different state

I have been in therapy for over a year because I have my own things to work through. Husband is not agreeing to therapy/counselling at this time. It is still so new. So thinking about divorce right now hasn’t been something we’d thought. We are both happy to stay married while this process is … processing. And consider divorce after ROC. (I am currently in England on a visit to get support from my family)

Right so September 22 is the earliest I can apply. Should I get the paperwork done, file jointly, sent off a few days before September 22. Then move to AZ? I will be going back to New York periodically because we have pets there and for my biometrics etc. i would keep my address as my Ny address. I just want to know that I can do this. Thank you for your help.

Stopped, dropped and rolled. (Actually I just took a depression nap). i would love to be able to go to Arizona and be with friends at this time. My mailing address would stay in New York. My husband is still the co sign on my car lease, we have a family phone plan and a joint bank account. Which will not change anytime soon. We plan to keep those things the same. We have joint tax returns also as evidence. I want to make sure I am understanding clearly, could I go couch with my friends in Arizona, maybe get a small job out there to support myself and cool off while still filing jointly with my spouse? This is the route that both of us are more comfortable with because we have not even discussed divorce in detail at this early stage. Went on vacation to Baltimore last week, had the perfect weekend. On the way home my husband says ‘I don’t want to do this anymore’. And that was that. He wants to be free and have no consequences. I want to be with my friends at this time because they have been so supportive. again.. thank you so much for this response. Some of the advice on here has been scary and sent me spiralling thinking there is no hope.

So are we able to file jointly but live in different states? From the above advise from others it suggests not. But my husband is willing to file jointly, go to any interviews and I would fly back to NY for my biometrics. thank you for this thorough advise. I have been in panic mode for the last 24 hours and it is a really difficult time for me. I would love to be able to go to AZ and have the support of my friends at this time. Like I said, my husband is being amicable and wants to help in any way he can.

This is helpful, thank you. I spoke to my husband yesterday and I think the best option is divorce. I don’t think he wants to salvage the relationship at this point. I was under the impression that I can’t file for a divorce waiver unless we are actually divorced. So to be clear, I could file for a divorce waiver with my application, then wait for the RFE? And by that time I’d be able to present evidence of divorce? i just want to be super clear on what I need to do because I think at this point divorce is the right option

I don’t really have friends in New York that could host me at this time. I also considered renting my own place but this is not something that I can afford. If I need to apply for ROC before December 22nd when my green card runs out and can’t file for divorce in Arizona for 90 days after establishing residency, it sounds as if I will not have enough time to make this work. I appreciate the advice given here but I think my journey may be over at this point. It has been a long 4 years of fighting to get into the country and stay and I feel as though I have nothing left in me to fight.

I should have been clear but I will be staying with friends in Arizona so I can get some space. I’m not sure what the future holds with our relationship. Which is why we have not discussed divorce yet. Neither of us can afford to live alone in NY which is why I haven’t just moved into my own apartment while we take space from each other. The only other option was to go to AZ where my friends are located and can support me.

https://www.hummelaw.com/2015/05/08/separated-but-not-divorced-navigating-the-jointly-filed-i-751-petition-to-remove-conditions-on-residence/ i found this information and do not know how valid it is but it seems to say that we can apply while separated? I am taking in all advice and am very confused. I cannot afford a lawyer at this time

But this all occurred last week. From what I have read, in New York you need to be separated for 6 months before asking for a divorce.

Ok so what is the next step. Do I submit all documents above and then also write a statement asking for a divorce waiver? I am totally new to this situation and feeling very overwhelmed.

Hi all! (I really hope I have written this in the right forum, if not, I apologize) I entered the US on a K1 visa in 2019, got married and later received my 2 year conditional green card (from 2020-expires dec 2022). It is coming up to the 90 day window to apply for removal of conditions on my green card. (It expires in December 2022 and I want to send off my documents as soon as I can in September.) However, my US citizen spouse has decided that he would like to separate. This happened last week and is still very fresh. It has been very amicable between us and he wants me to continue living in the US as we share pets and are also generally good friends. He is happy to sign any documents I need for me to stay. I have already gathered the majority of the documents needed for submission including: joint health insurance, co-signing on car lease, joint bank account, same home address, affidavit from people that know us and photographs of our relationship. I think we have enough evidence to show that we entered the marriage in good faith. At this time, we do not plan on getting divorced and would like to spend time away from each other for space. I will be moving to Arizona and he will stay in New York. My question is, how do I indicate that we are separated but with no intention at this time of divorce. I have written a statement explaining the situation but unsure if this is enough. Our finances will remain mixed but we will be living apart. My questions are: - If I apply for ROC and then get a biometrics appointment, can I reschedule and take it in an AZ location? - Would it go against me if I indicate that I am moving out of state during this time? - I know there is no option for 'separated' on the form, but what else can I provide to USCIS to support my application while still being honest? I have read about requesting a divorce waiver but like I said, we have not considered getting divorced at this time and may work things out in the future. I am moving to Arizona as I have friends there as I cannot afford to live alone in NY. This is a completely unexpected situation for me so please be kind and I appreciate any advice. Thank you so much.