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Separated and divorcing in Pennsylvania while on conditional GC

Asked over 2 years ago - Philadelphia, PA

Have a conditional GC based on marriage to USC. Both living in PA. Currently separated (through post-marital) agreement. Going for divorce.

* assuming no problem to prove good faith marriage

1) For immigration law purposes, does the separation consider breaking of the marriage? (since in PA separated for two years leads to divorce) and if so, can I apply now for a waiver of termination?

2) Does the fact who file for no-fault divorce has any affect on the ability of the GC holder to apply for the waiver?

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Attorney answers (1)

David Nabow Soloway

Reputation Level 16

Answered over 2 years ago. Immigration Attorney in Atlanta, GA.

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If a couple no longer is living together, they will be unable to file a joint application for removal of condition. One may not file for a waiver of the joint filing unless and until one's divorce has become final. The USCIS might consider who has filed for the divorce, but that should be deemed a very minor factor at best. Importantly, after a divorce an abundant amount of strong documentary evidence will need to be provided to prove the bona fide nature of the marriage. Documents showing that a couple put their financial lives together (joint bank accounts into which both spouses deposited earnings and from which household expenses were paid; joint investment accounts; joint credit cards; etc.) are considered to be particularly strong evidence.

[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 877/232-5352 dsoloway@fspklaw.com

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