If a person is on a conditional green card after marrying a U.S.Citizen and somehow before the expiry of the card the marriage ends in a divorce say in 1 year -
Is that person supposed to inform USCIS immediately after the divorce or one can still file the paperwork with divorce documents within 90 day window before the expiry of the conditional green card?
You do not have to inform USCIS immediately. You can do it anytime before or after the two year period. Understand the when I say "notify" I mean file an I-751 waiver application
If you get divorced, now you can file I-751 by yourself, you do it within the time provided by law.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com
I agree with Alena. Though I cannot emphasize enough how important it is to timely file the I-751. It was extremely serious consequences, especially in case of divorce.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
Don't wait! It is best to file as soon as possible, while you have witnesses who remember you and your spouse. If the divorce is final, start working with a competent and experienced immigration attorney, now. It can make a big difference in preserving the evidence that proves that you had a good faith marriage. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.