Divorce after filing for removal of condition

[BELLAGIO]

Hello house,

I filed for renewal of my 2 year conditional green card a couple of months ago jointly with my spouse. Now she wants a divorce due to serious issues we have been having. She is threatening to withdraw her application and also tell USCIS I married her for the sole purpose of the green card. we live in separate states for employment purposes and see each other every 2 weeks and she also approved my moving for the job. I have sufficient evidence and history of emails and conversations. My question is ; what effect will this have on the already submitted application. Would it be cancelled since she is now claiming I married her just for the green card??? PLEASE HELP

[krypton9591]

Hello house,

I filed for renewal of my 2 year conditional green card a couple of months ago jointly with my spouse. Now she wants a divorce due to serious issues we have been having. She is threatening to withdraw her application and also tell USCIS I married her for the sole purpose of the green card. we live in separate states for employment purposes and see each other every 2 weeks and she also approved my moving for the job. I have sufficient evidence and history of emails and conversations. My question is ; what effect will this have on the already submitted application. Would it be cancelled since she is now claiming I married her just for the green card??? PLEASE HELP

Well first off since you just posted a question in January of this year asking about forms to show that your spouse meets the income requirements so that you can interview for your GC, I'm not sure how you're already trying to remove conditions on your green card. Secondly assuming you actually are able to remove conditions after this short amount of time which is highly unlikely, to me it sounds like you need to speak to an immigration attorney, either way, if you divorce right after or during the ROC process it looks bad and it mainly looks bad on your part. and they'll believe her over you. so if you really only married her for the GC then you best have a way to prove it. and it will take ALOT of evidence to prove so, not just emails and conversations. Good luck. you're going to need it.

[newacct]

Hello house,

I filed for renewal of my 2 year conditional green card a couple of months ago jointly with my spouse. Now she wants a divorce due to serious issues we have been having. She is threatening to withdraw her application and also tell USCIS I married her for the sole purpose of the green card. we live in separate states for employment purposes and see each other every 2 weeks and she also approved my moving for the job. I have sufficient evidence and history of emails and conversations. My question is ; what effect will this have on the already submitted application. Would it be cancelled since she is now claiming I married her just for the green card??? PLEASE HELP

See this memo and this memo about divorce and Removal of Conditions.

It's possible for a jointly-filed (i.e. filed based on still being married) Removal of Conditions application to still be approved, even if the people are separated or in the process of divorce, as long as the divorce hasn't been finalized, and the spouse doesn't withdraw the application, and the spouse is willing to attend the interview if there is one. Given your description, I would presume that your spouse is probably not willing to attend an interview if there is one, and she is probably going to withdraw the application anyway. So you would most likely have to switch to Removal of Conditions by yourself on the basis of divorce.

A Removal of Conditions on the basis of divorce cannot be approved until the divorce is final, but you can still file it even if the divorce isn't final yet. But you should start the divorce as soon as possible (if your spouse doesn't initiate divorce, then you should do it yourself). If you file ROC on the basis of divorce but do not provide the final divorce order, they will give you an RFE of 87 days to provide the final divorce order. Depending on how long divorce takes in your state, that may or may not be enough to finalize the divorce. If the divorce is still not finalized, the ROC will be denied, but when you are placed into removal proceedings in immigration court, you can file ROC with the immigration judge, and the immigration judge will process it if your divorce is final at that time or you can request a continuance to wait for your divorce to finish if it it still hasn't yet. (Removal proceedings might sound scary, but it doesn't mean you're doing anything wrong; it's normal in the case of ROC with a pending divorce that takes a long time. As long as you can prove your marriage was genuine, you will be able to stay in the end, even if in some cases there is some hassle.)

Although she has a right to withdraw from the joint application if she wants, she has no right to lie and say the marriage was fraudulent. I am not sure why she is "threatening" to do this; is she trying to blackmail you into giving her something? Otherwise, it doesn't benefit her, so I am not sure why she would go out of her way to lie about it, except out of spite. In any case, just because she can claim it doesn't mean they will believe her. They have seen bitter ex-spouses before and will take her report with a grain of salt. Just focus on gathering evidence to prove that your marriage was genuine.