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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3474
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I filed the documents to remove a 2 year conditional card on

Customer Question

Hi there,
I filed the documents to remove a 2 year conditional green card on June 22, 2014. It has been almost 6 months now that I'm still waiting for the 10 year permanent green card.
My question is what if I file a divorce paper before I receive the 10 year green card. Would that affect my status?
Best regards,
Onnapa
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hi Onnapa:

My name is ***** ***** I will be the immigration attorney helping you today.

Did you mean that you filed in on June 22, 2015 or 2014?

Have you been called in for an interview?

Customer: replied 1 year ago.
I filed on June, 2014. I received a letter for biometric and I went, scanned my finger print on July 24th, 2014 , I also received one year extension letter.
Customer: replied 1 year ago.
Oops sorry I meant June 2015
Customer: replied 1 year ago.
Any responses?
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Okay great. That's what I thought you meant.

Yes, if your divorce becomes final before you receive your permanent 10 year green card, you would have to disclose this to USCIS and withdraw your current I-751 and refile a new I751 as "divorced" with a waiver. This can take longer and complicate things. But until the divorce is final, the form you filed now is correct and you don't have to withdraw it or do anything. If you do decide to get divorced, then you do have to take action as I explained above with USCIS once it is final. It would be up to you to decide to do this or wait until you receive a decision.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
let's say if I file a divorce paper sometime in the end of January 2016, and if my permanent card come during this time( Jan or feb 2016) while the divorce process could take up to 6 months if starting from the end of Jan. Do I need to let USCIS know?One more question, if I wait till I get my 10 year card to file a divorce and after I received it, what if I get divorce right away? Would that affect my status in the future?And do you know how long the removing conditional process usually take? They didn't ask for any additional documents and it has been almost 6 months now, would that mean the card could be coming soon ?
Expert:  Jennifer Marie, Esq. replied 1 year ago.

So let's say if I file a divorce paper sometime in the end of January 2016, and if my permanent card come during this time( Jan or feb 2016) while the divorce process could take up to 6 months if starting from the end of Jan. Do I need to let USCIS know? Legally if you file the divorce, you are supposed to inform USCIS, but you don't have to file the new I_751 unless the divorce becomes final. However letting them know about starting the divorce can delay and complicate the process.

One more question, if I wait till I get my 10 year card to file a divorce and after I received it, what if I get divorce right away? Would that affect my status in the future?

It would not affect it any different than if you do it while the I-751 is still pending or if you waited a few more months. It will be about the same.

And do you know how long the removing conditional process usually take? They didn't ask for any additional documents and it has been almost 6 months now, would that mean the card could be coming soon ? There is not a set time. It varies but on average it takes a little less than a year.

Hope that helps and hope that I have now earned your positive rating. Best of luck!

Customer: replied 1 year ago.
Can you please clarify this;
It would not affect it any different than if you do it while the I-751 is still pending or if you waited a few more months. It will be about the same.
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Basically I am just saying that it doesn't really make a difference either way if you get divorced right after getting your 10 year card or if you waited a few months. Once you have the permanent card you are fine. You could just not apply for citizenship until you have had your residency for total 5 years.

Hope that helps and hope that I have now earned your positive rating. Best of luck!

Customer: replied 1 year ago.
Thank you so much your answer helped me a lot. I definitely give you positive ratings.One last thing, for the process if I haven't received any further request evidence letter, would that mean it's almost final? And you said residency total of 5 years, would that count after I got married or just in generally. I've been living in San Francisco since 2011 and I got married in 2013.
Expert:  Jennifer Marie, Esq. replied 1 year ago.

It could mean that you're not receiving a request for evidence. Usually by now you would have received it, but we cannot know this for sure. It can just be that USCIS is delayed in processing I-751's right now.

The 5 years is the total time that you have had residency, both conditional and permanent.

Hope that clarifies now and that I have now earned your positive rating. Please let me know if you have an issues giving the rating tonight. Thanks!! Happy and safe New Year to you!

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