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Divorce before green card renewal in NYC

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  • Divorce before green card renewal in NYC

    Hey guys,
    As I have written a couple of months ago, I am going through a rough situation right now. My wife decided to leave after 3.5 years of marriage. She packed her stuff 6 months ago and never heard since. two times that I have seen her in these 6 months, she didn't want to exchange any words with me. A month ago I went and saw a lawyer and asked about my situation. HE recommended me to file for a divorce and to apply for my Green card renewal and removal of my temporary conditions. The only problem was that instead of jointly I would have to apply by myself and ask for a waiver. Anyone has been in this situation before? And another thing is that my other lawyer asked me for 5k just for a simple divorce. As I am living in New York I can file under "irretrievable marriage" to start the divorce procedures and open a case. My GC renewal is beginning of September.

  • #2
    Originally posted by Angelo1 View Post
    Hey guys,
    As I have written a couple of months ago, I am going through a rough situation right now. My wife decided to leave after 3.5 years of marriage. She packed her stuff 6 months ago and never heard since. two times that I have seen her in these 6 months, she didn't want to exchange any words with me. A month ago I went and saw a lawyer and asked about my situation. HE recommended me to file for a divorce and to apply for my Green card renewal and removal of my temporary conditions. The only problem was that instead of jointly I would have to apply by myself and ask for a waiver. Anyone has been in this situation before? And another thing is that my other lawyer asked me for 5k just for a simple divorce. As I am living in New York I can file under "irretrievable marriage" to start the divorce procedures and open a case. My GC renewal is beginning of September.
    You can file for a divorce yourself. You do not need a lawyer. You will have to file the i-751 yourself with a divorce waiver. You will need to show you entered the marriage for bona fide reasons but it ended in divorce.

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    • #3
      I mean I was thinking on doing so. But wanted somebody that had similarly same situation as me to share their experience. I mean, I am a little stressed out with the whole removal of temporary conditions and the renewal. Can I still re-obtain my GC, even after showing that my wife, packed her stuff and just continued her own life. Will my status be jeopardized? I know that most of you guys will say go and see a lawyer which I already did. but in this period of waiting for my divorce will I reobtain, another conditional GC?

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      • #4
        Originally posted by Angelo1 View Post
        I mean I was thinking on doing so. But wanted somebody that had similarly same situation as me to share their experience. I mean, I am a little stressed out with the whole removal of temporary conditions and the renewal. Can I still re-obtain my GC, even after showing that my wife, packed her stuff and just continued her own life. Will my status be jeopardized? I know that most of you guys will say go and see a lawyer which I already did. but in this period of waiting for my divorce will I reobtain, another conditional GC?
        No you will not obtain another conditional status green card. First you have to file for divorce if this is what you have decided. Then you need to file for ROC within 90 before the expiration of current green card. Filing automatically extends your green card while you await a decision. In your case a decision will not be made until your divorce is finalized. You were married for 3 years so you should have a lot of evidence of a bona fide marriage.

        Just because your marriage has failed does not not necessarily jeopardize your immigration status. Just do the steps outlined above and you shall be ok.

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