Separated and divorcing in Pennsylvania while on conditional GC

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.


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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