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  • Waiting for green card

    Hello. I have a question which implies a little story.

    I already have my 2 year green card which expired in february. I have applied with my wife for the removal of conditional green card (which I have now) back in november 2016.

    Now my question is. I want to divorce her. Badly. I don't want to wait until my next green card comes into mail. I know it may take up to a year. What will happen if I divorce while in process of getting my permanent green card? There has been no fraud relationship, things just don't work out. Can my status receive a deadly blow and get myself kicked out of the country? I have submitted all the proof of marriage they requested back in november, I just can't and don't want to wait for my permanent green card to come in order to divorce, i can't take it anymore.

  • #2
    If the divorce is final before the ROC is approved (or if your wife informs them that you are divorcing and she is no longer willing to go to an interview), you would have to change from a jointly-filed Removal of Conditions to a Removal of Conditions by yourself based on divorce. Note that divorces sometimes takes many months. If the ROC gets changed to based on divorce before your divorce is final, then they will give you a small amount of time to provide the final divorce order (as only someone who is actually divorced is qualified for ROC on the basis of divorce; having a pending divorce doesn't count), and if that is not enough time, then they will deny it and put you in removal proceedings, and you will submit ROC with the final divorce order to the immigration judge in removal proceedings.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your reply. If she wants to hurt me and tell them that we're divorcing, I will have to finish the divorce and then re-apply as if I never applied jointly, is that correct?

      If USCIS is not aware of the situation, and they go through with it and approve it, there shouldn't be any issues, correct? Also, what happenes if they do not know about the divorce and they deny the application requiring more proof aka interview ? Does it even matter at all that the marriage was legit? Do I keep some extra proof of relationship? What is the most valuable proof of relationship they like ?

      I want to go through with it even with this bad odds. I just have to do it.

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      • #4
        Honstly, I do not want to wait for the green card and then divorce like a snake. I don't want her to think that's the reason I married her. lol

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        • #5
          Originally posted by parkmission View Post
          Honstly, I do not want to wait for the green card and then divorce like a snake. I don't want her to think that's the reason I married her. lol

          It has come to the point of whether u want to stay in this country or not...
          Whether you want to be a snake or not a snake..

          I will say if you want to stay, just wait on your green card... Later on u think about divorce.. because she is still going to think that's why u got married to her regardless..

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          • #6
            Originally posted by Blessing007 View Post
            It has come to the point of whether u want to stay in this country or not...
            Whether you want to be a snake or not a snake..

            I will say if you want to stay, just wait on your green card... Later on u think about divorce.. because she is still going to think that's why u got married to her regardless..
            It has nothing to do with whether they want to stay in this country or not. The OP is a permanent resident, and is entitled to stay, permanently, unless the marriage was fraudulent.

            This is my personal opinion and is not to be construed as legal advice.

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