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  1. #1

    Default Removing Conditions from a Green Card While Getting a Divorce

    I filled form I-751 to remove conditions in April 2014. In May I did the Biometrics. In July Immigration requested more evidence as proof of residence, W2 and more copies of bank statements from my joint account with my wife. I just sent them all evidence to show that marriage was in good faith, however my wife wants to file for divorce and I have not received my green card on the mail box. She said she wants to open a divorce case this week. Im trying to convince her to hold a bit more but she refuses to wait. Once we file for divorce judge s decision could be within 2 months. What would happen if she opens the divorce case this week??? Would Immigration know that we are in the process of divorce??



    BTW, we are not legally separated, we are still married and the divorce will be uncontested without children.

    I would love to hear from you. Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Removing Conditions but Getting Divorce

    Let's clarify one thing first please.

    You mention that you've sent in the paperwork to have the conditions removed. Have you received an approval letter yet? If not, have you tried looking online to see where you are in the process?

    (You can go here: https://egov.uscis.gov/cris/Dashboard/CaseStatus.do )

  3. #3

    Default Re: Removing Conditions but Getting Divorce

    Yes, I have received 2 already. One in April when I first filled form I-751 (Receipt Notice) saying that my conditional resident status was extended for a period of one year. The other one on Friday after I sent them more evidence. This last one says they received my evidence and within 90 days I will receive a decision. My wife wants to start the process of divorce this week and I know that usually takes up to 2 months to receive a decision from Judge for uncontested divorce.



    Thank you for your help

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Removing Conditions but Getting Divorce

    Because you've already applied, whatever happens now should make no difference at all. You entered into a bona fide marriage, and you submitted your documents before either of you filed for divorce - this means you HAVE NOT committed fraud. People get married, they get divorced. That's life.

    The only hiccup I can see - and it shouldn't be an issue anyway - would be if you are actually called for an interview. While you technically don't need your wife to attend or participate any further, it would be best to speak with an immigration attorney if you do have to have an interview.

    Does that help some?

  5. #5

    Default Re: Removing Conditions but Getting Divorce

    It did help a lot. Thank you very much

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