Travel Question during divorce
#1
Forum Regular



Thread Starter
Joined: Sep 2017
Posts: 197


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
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
#2

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).
#3
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Joined: Jan 2017
Posts: 188












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.
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.
#4
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Thread Starter
Joined: Sep 2017
Posts: 197


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?
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?
#5

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.
#6

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.
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.
#8
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Joined: Jan 2017
Posts: 188












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.