Separated or Divorced While Removal Of Conditions Is Pending and 10 Year Green Card

If you have filed your I-751 form jointly for Removal of Conditions on your 2 year green card but are now living separately from your spouse, there are a few things you need to consider.

Yes, you can still get approved for the 10 year green card even if you are no longer with your spouse but it is a little more complicated and can take more time.

What Do I Need To Submit To The USCIS Regarding My Pending Divorce?

  • Divorce decree and Removal of Conditions
    Divorce decree and Removal of Conditions

    If you have sent in a lot of evidence of a bona fide marriage with lots of co-mingling of finances, then you can wait until you get an interview letter to notify the USCIS of your separation. Once your divorce is final, you will need to provide a divorce decree along with filing the waiver.

  • If you have not sent enough documentation of a bona fide marriage you will probably receive an Request for Evidence (RFE) asking for more documentation. You then need to notify the USCIS about your separation and intention to divorce your spouse. Once your divorce is final you need to submit your divorce decree with the waiver.

You will not need to re-file because the Request for Evidence (RFE) notice has a place for you to sign stating that you are converting your application to one with a waiver due to pending divorce.

Will I Have To Pay An Additional Fee To Change My Application To Include The Waiver?

No additional fees for ROC waiver.

Luckily, you do not have to pay an additional fee to change your application from jointly filed to one with a waiver.

The USCIS will need the final divorce decree and you may end up having an interview scheduled that you can attend alone.

Just make sure you have enough documentation to prove you married your spouse in good faith and it just didn’t work out.

Types of Good Evidence of Good Faith Marriage:

  • Tax transcripts
  • Joint bank accounts
  • Joint lease/mortgage
  • Joint car loan
  • Join car insurance
  • Joint credit cards
  • Joint utility bills

In conclusion, if you are about to file for Removal of Conditions or already have submitted the application and are getting a divorce, you can still get approved for the 10 year green card.

Just make sure you have all the documentation that is required because you will probably need to attend an interview.

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