Separated and divorcing in Pennsylvania while on conditional GC
Have a conditional GC based on marriage to USC. Both living in PA. Currently separated (through post-marital) agreement. Going for divorce.
Attorney answers (1)
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 1 person marked this answer as good
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