Divorce Help:(
 

Hello everyone,

I'm hoping someone might be able to give me a little info on the situation i'm in at the moment.

I'm from the UK and my Wife is from the US. We've been married approx 2 years now and i currently have a Green card with Conditional Status, and my interview for Conditional status removal is this coming July.

Unfortunately to cut a long story short, we can't live together anymore, so we're getting a divorce. Also there are no hard feeling between us, if that would make a difference.

I have a good job here and i would like to stay. But im not sure where i stand now if i get a divorce before my conditional status removal.

I've read a post that had a link before hand that would kind of explain, but i
cant really make any sense of it:( and im afraid i'll lose everything i've worked for to get this green card( not that thats why i got married) but ive started to worry now.

If anyone can give me some kind of good news it would be greatly appreciated.

Thank you.

jaime

Re: Divorce Help:(
 

You can file for divorce now. When the divorce is final and you have the divorce decree in hand, you can file the I-751 on your own. You do not have to wait until the 90-day window to file your I-751 if you are filing after a divorce. You will need to include proof that your marriage was entered into in good faith. There may or may not be an interview.

You mentioned your interview for removal of conditions is coming up in July. Just to let you know, if you file jointly, there *usually* is no interview in involved in this step. Filing on your own after a divorce might raise your chances of an interview, though. But it's not a big deal, just go to the interview and answer their questions honestly. Much like the AOS interview was.

Best Wishes,
Rene

Re: Divorce Help:(
 

Thanks for the reply Rene!

in your last last paragraph are you basically saying if we file for a divorce together, i.e. using the same Attorney we've been using, it would be better?

Once again Thank you.

Jaime

Re: Divorce Help:(
 

It doesn't really matter how you get the divorce as far as immigration is concerned. What does matter is that you get it over and done with so you can file to remove the conditions. There are two circumstance where you can file for this: married and living together OR divorced. Anywhere in between and you're in limbo.

Re: Divorce Help:(
 

Understood Fatbrit, Thanks!

Re: Divorce Help:(
 

I have 2 questions on this....

1. How do you know this far in advance that you have an interview in July next year!

2. I was under the impression that when you use a lawyer the divorcing partys have to use separate attorneys as it is a conflict of interest!!

Just curious :)

Re: Divorce Help:(
 

No, I wasn't talking about the divorce attorney at all. I doesn't really matter how you get divorced, it only matters that you have the final divorce decree in-hand so you can file the I-751 on your own.

Rene

Re: Divorce Help:(
 

Basically you have your interview for Conditions removed a year after your receive your Conditional Green Card.

We haven't recevied a date, but 3 months before a year was up we have to file a paper, then the following months we would have 2nd interview.

Re: Divorce Help:(
 

Your premise is flawed. There is absolutely no way to know if or when you will have an interview when you file the I-751. Even if you proceed from the position that you will have an interview, there is absolutely no way to know when it will be. It could be a month or a year or more *after* you submit the I-751.

Ian

Re: Divorce Help:(
 

I believe it is *always* prudent for each person to retain their own lawyer... but that's just me. If circumstances warrant (such as an amiable split) perhaps one lawyer would fit the bill.

Ian

Re: Divorce Help:(
 

You are clearly completely confused about the process of removing conditions.

Anyone else reading this - please disregard and read the instructions for I-751.

Re: Divorce Help:(
 

As I mentioned before, there is NOT usually an interview associated with removal of conditions. Most jointly-filed cases are approved without an interview.

Things that might trigger an interview include: officer is confused about something and needs verbal clarification, officer has doubts about the relationship and conducts a joint interview, you are chosen for an interview for quality control purposes, or you file the I-751 with the waiver after having been divorced.

So in a normal, jointly-filed I-751 scenario, there most likely would not be an interview.

Rene

Re: Divorce Help:(
 

Also, it's not *one* year after receiving CPR status, it's the 90-day window prior to your 2nd anniversary as a PR.

Rene

Re: Divorce Help:(
 

A year after you receive your 2-year GC, *nothing* happens, so there is nothing you must do. However, within the 90 day window before that GC expires, you must file the I-751.

Ian

Re: Divorce Help:(
 

This was before we were going to be divorced.