Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Travel Question during divorce

Travel Question during divorce

Old Oct 5th 2021, 6:18 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Sep 2017
Posts: 195
JuniorJ194 is an unknown quantity at this point
Default Travel Question during divorce

Hi guys, might be a stupid question but just want some clarity.

I’m currently at the start of divorce proceedings and in the middle of my removal of conditions.. so in the grey are between submitting my application and my interview date..

Because im getting a divorce and that obviously changes things with my visa. Would I still be able to leave and visit family snd be able to come back home after? I have a form that has extended my green card until September next year as applications are long due to COVID. I haven’t added a divorce waiver because it could take months for me to get one (it’s probably going to be messy). Would my expired green card and extension letter still be valid for me to come back into the US?

also, has anyone had any experience with a divorce during their removal of conditions? I just want some pointers on what I need in terms of evidence. I can get a statement off my ex but she wouldn’t come to the interview if one is scheduled anytime soon.

many advice would be great! Very stressful adding the visa on top of my divorce.

josh
JuniorJ194 is offline  
Old Oct 5th 2021, 9:17 pm
  #2  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,757
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Travel Question during divorce

Your questions are fair ones. I would suggest that you may want to have legal counsel for both the immigration and dissolution aspects your situation. BTW it is not uncommon for attorneys to have both family and immigration law as part of their practice (including one past president of AILA, the national immigration lawyers organization).
S Folinsky is offline  
Old Oct 6th 2021, 4:19 am
  #3  
Forum Regular
 
Joined: Jan 2017
Posts: 132
newacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond repute
Default Re: Travel Question during divorce

Yes, your expired green card plus extension letter are valid for you to come back to the US.

It is also possible to file a Removal of Conditions from abroad, so even if for some unlikely reason your application gets denied while you are abroad, you will still be able to file a new one based on divorce and be able to get back into the US.
newacct is offline  
Old Oct 6th 2021, 1:38 pm
  #4  
Forum Regular
Thread Starter
 
Joined: Sep 2017
Posts: 195
JuniorJ194 is an unknown quantity at this point
Default Re: Travel Question during divorce

Thank you both of you for the information!

Coincidentally I had a notification this morning to submit more evidence. Would this be a good time to tell USCIS that we are separated and going through a divorce? Or should I wait until it’s final and submit the waiver?
JuniorJ194 is offline  
Old Oct 6th 2021, 2:49 pm
  #5  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,757
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Travel Question during divorce

Originally Posted by JuniorJ194 View Post
Thank you both of you for the information!

Coincidentally I had a notification this morning to submit more evidence. Would this be a good time to tell USCIS that we are separated and going through a divorce? Or should I wait until it’s final and submit the waiver?
The prior answer was correct as far as it goes. But it is limited to objective matters. But you need answers as to what is advisable (or inadvisable). Your situation may be straightforward, or not. Answers to your questions requires a holistic approach of knowledge of facts and law. Both in family and immigration.

As a matter of practice, I avoid giving advice here. The one exception I make is when I think legal representation is in order and DIY might be dangerous.

Good luck.
S Folinsky is offline  
Old Oct 9th 2021, 5:27 pm
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 45,194
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Travel Question during divorce

Sorry to hear your news, Junior. May I suggest you post separately about the separation/divorce and the removal of conditions. Your header specifies only travel and people may not read it and see that you have other questions.

If you did a search on this sub-forum, you will find that frequently people do not do anything about filing for the waiver until the divorce is final. So ask separately please.
Rete is offline  
Old Oct 10th 2021, 6:41 pm
  #7  
Account Closed
 
Joined: Mar 2004
Posts: 0
scrubbedexpat099 is an unknown quantity at this point
Default Re: Travel Question during divorce

A divorce is not done until it is done and USCIS will only be interested about a done divorce as it is the basis for filing the waiver.
scrubbedexpat099 is offline  
Old Oct 10th 2021, 7:01 pm
  #8  
Forum Regular
 
Joined: Jan 2017
Posts: 132
newacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond reputenewacct has a reputation beyond repute
Default Re: Travel Question during divorce

Originally Posted by Boiler View Post
A divorce is not done until it is done and USCIS will only be interested about a done divorce as it is the basis for filing the waiver.
However, they are interested in whether the spouse comes to the interview if there is one, and the OP said their spouse will not come to the interview. So if they are called for an interview (or if the spouse otherwise withdraws from the application), then divorce waiver would be the only option.
newacct is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.