Divorce way before temporary GC expiration date

[SebGiron]

Good afternoon you all,

As the title implies, this is not a love story anymore: after being married a year, my wife and I have decided to divorce.
Though I am crash, I have to anticipate and to think about my situation.

Here are the facts:
- We got married on March 2014. Real Love, good faith.
- I received my temporary Green Card on September 2014, it will expire on September 2016.
- Unhappy and frustrated, I had a couple of virtual (only) affaires for like 5 months, then stopped everything to focus on my marriage ; Went way better until she found everything out last February and could not get over it.
(please, I don't need any judgement about what I did. I just explain the reason because I was told it has its importance)

My question:
- Should I send the I-751 right after the divorce is proclaimed, probably this early summer(?), or wait more than a year till 90 days before the expirations of my GC?

Best and good luck for those who need it.
S.

[SebGiron]

Update
She keeps playing it dirty to play it dirty: after kicking me out of our apartment right after work 2 weeks ago, she is now asking not for a divorce but for an annulment for fraud.
I do love her, recognized I failed once, but I now feel totally empty and am about to give up.

Any difference between a divorce and an annulment in term of Green Card?
Can I stay in the US till my Green Card expires even if divorced/"annulled"?

Thanks

[rayb]

For immigration purposes, a divorce favors you over an annulment, An annulment, with accusation of fraud as its basis, can cancel your legal basis for self-petitioning or requesting a waiver for your 10-year card application

--Ray B

Update
She keeps playing it dirty to play it dirty: after kicking me out of our apartment right after work 2 weeks ago, she is now asking not for a divorce but for an annulment for fraud.
I do love her, recognized I failed once, but I now feel totally empty and am about to give up.

Any difference between a divorce and an annulment in term of Green Card?
Can I stay in the US till my Green Card expires even if divorced/"annulled"?

Thanks

[cliff]

Divorce way before temporary GC expiration date

You will definitely need to hire an attorney.. Both an immigration attorney and a family attorney probably..

[rayb]

Cliff,

You are already advising the original poster to invest a minimum of $3,000 for a family law attorney and $1,000+ for an immigration attorney, but probably much more if he listens to the first attorney sales pitch he gets.

Unless he is completely incapable of filling out forms, my advice would be for him to take this a step at a time, and not invest money in somebody's Bar Card until he has a problem and needs representation at a hearing.

If his wife proceeds with a divorce (which I recommend over an annulment), it won't be an issue until his Green Card is within 3 months of expiring, though the I-751 (Removal of Conditions) requests divorced Conditional Green Card holders to apply for a waiver from the joint filing requirement. Given the possibility of the divorce not occurring immediately or the romance being "rekindled," he should hold off until shortly before the expiration of his 2-year Green Card before applying for "Removal of Conditions." His I-751 application for a waiver from the joint filing requirement should then include evidence that the marriage dissolved through no fault of his own and that they sought counselling and/or he was mistreated by his wife.

--Ray B

You will definitely need to hire an attorney.. Both an immigration attorney and a family attorney probably..

[SebGiron]

Cliff,

You are already advising the original poster to invest a minimum of $3,000 for a family law attorney and $1,000+ for an immigration attorney, but probably much more if he listens to the first attorney sales pitch he gets.

Unless he is completely incapable of filling out forms, my advice would be for him to take this a step at a time, and not invest money in somebody's Bar Card until he has a problem and needs representation at a hearing.

If his wife proceeds with a divorce (which I recommend over an annulment), it won't be an issue until his Green Card is within 3 months of expiring, though the I-751 (Removal of Conditions) requests divorced Conditional Green Card holders to apply for a waiver from the joint filing requirement. Given the possibility of the divorce not occurring immediately or the romance being "rekindled," he should hold off until shortly before the expiration of his 2-year Green Card before applying for "Removal of Conditions." His I-751 application for a waiver from the joint filing requirement should then include evidence that the marriage dissolved through no fault of his own and that they sought counselling and/or he was mistreated by his wife.

--Ray B

Thank you Ray. The same way I took care of my Adjustment Status on my own, I don't think I would indeed need any lawyer to fill the Removal of Conditions.
As for me being guilty or not, actually I sort of am: I am the one who had internet affairs for months. Sure I had my own reasons and serious doubts about my happiness in this mariage, but still, I did it, I am the one who was virtually unfaithful.
I wanted to give a second chance, she eventually gave up. And now thinks I manipulated her the whole time for paperwork, which I didn't. I actually never cared that much being in the US, I just wanted to be with her.

[SebGiron]

So, in a nutshell :
- if divorce, I can stay in the US at least till my temporary GC expires (sept 2016) and can apply for my permanent one.
- if annulment, I can not apply for my permanent GC and must leave the country...when? As soon as the annulment is official? Till my temporary GC expires?
Thank you all.

[rayb]

Seb,

Whether a divorce or annulment, I believe you are justified holding off submitting the I-751 paperwork to request a waiver (from joint filing) to apply for your 10-year Green Card until shortly before your Conditional Green Card is scheduled to expire.

Though you will be in a "protected" mode while the I-751 application is being processed, I believe that an annulment may require a stronger evidence package from you.

The above is my opinion and not legal advice, but is based on personal experience with the "Removal of Conditions" procedure.

--Ray B

So, in a nutshell :
- if divorce, I can stay in the US at least till my temporary GC expires (sept 2016) and can apply for my permanent one.
- if annulment, I can not apply for my permanent GC and must leave the country...when? As soon as the annulment is official? Till my temporary GC expires?
Thank you all.

[Anne Saxton]

Divorce way before temporary GC expiration date

Well.... You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.If your application to remove the conditions on your permanent residence is denied, you will receive a letter that will tell you why the application was denied. The process to remove you from the country will begin as soon as your application is denied.have helped many in such cases regarding their GC expiry after divorce.You need to file a petition as soon as possible to get rid of the problem regarding your GC.You might not lose it if you hire a lawyer soon and file a petition before your I-751 application gets rejected.

[balistic]

Impending Divorce and living in different state

Hi guys, I have a weird situation...I got Married last year October while I was in school and my wife was working and living in another state....she moved in with me after I graduated and we lived together briefly....I got a job in another state and moved there for work...the distance seems to be tearing bus apart...I am the sole provider of the house as she has stopped working and has been misbehaving threatened me with divorce and also her family members calling to threaten my life...I pay for everything in my state and her state...I am very stressed I will personally want a divorce...my headache is how can I win my waiver case because we live in different states...please anyone with a similar experience and how did you scale through