[deeplover25]

Friends,

What would you advice to me in the following situation:

I have been married to my wife for over 2 years now. I have suffered a lot (have couple of police reports, etc.), but always thought that I should suffer it through until I get my real Green Card (10-year-green card).

I am holding a conditional Green Card based on marriage. I filed for the JOINT I-751. My wife wants a divorce now. How should I proceed?

1. Is it better if I file for a divorce myself, before she does (wanted to do it a long time ago)?

2. Should I let her file for a divorce and say "No" at the court, pretending that I still love her? By that way I assume I would get the I-751 approved.
2.1 If I get the I-751 approved before divorce will be finalized, will I be safe?
2.2 What if I get divorce finalized prior to the approval of the I-751? What should I do?

3. Since she moved out of our apartment, do I have to notify USCIS about it now?

4. Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?

People, I very rely on your help and hope for answers as soon as possible, since she is about to file for a divorce.

Please help.

My timeline (TODAY's date: Nov/15/2008):

Got Conditional Green Card: Feb/05/2007
JOINT I-751 was recieved by USCIS (Vermont Service Center): Nov/10/2008

[Noorah101]

If you WANT to get divorced, you can go ahead and start the divorce process. When the divorce is final and you have the final decree in hand, if you don't have your 10-year GC by that time, you will need to file an I-751 on your own with a waiver of the joint filing requirement. You cannot do this until your divorce is final.

Never "pretend" anything when it comes to court and immigration.

If she is the one who moved, then no, you do not need to notify USCIS.

Rene

[ian-mstm]

Originally Posted by deeplover25 Is it better if I file for a divorce myself, before she does ...

It doesn't matter... USCIS doesn't care. If you want to divorce, get divorced.

Should I let her file for a divorce and say "No" at the court, pretending that I still love her?

Absolutely not.

1 If I get the I-751 approved before divorce will be finalized, will I be safe?

Maybe yes... maybe no. You should file another I-751 once your divorce is final.

What if I get divorce finalized prior to the approval of the I-751? What should I do?

You should file another I-751 once your divorce is final.

Since she moved out of our apartment, do I have to notify USCIS about it now?

No. Whether she informs USCIS that she moved is entirely her problem.

Does anyone know how long it takes until I get my I-751 approved by Vermost Service Center?

Maybe a few months... maybe a year or more.

Ian