What happens if my divorce doesn't come through in time to submit for the removal of conditions on my green card?

I am currently trying to get a divorce, I need it to submit it when I apply to remove conditions on my green card, if it doesnt come through before my application deadline, is evidence of filing enough?

Brooklyn, NY -

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Attorney Answers (2)

Jeffrey N Lisnow

Jeffrey N Lisnow

Immigration Attorney - Staten Island, NY

You should consult with a immigration attorney like myself before you do anything that may SEVERELY jeopardize your case. If you can not come to the office I offer consultations over the telephone. A denial of that application may subject you to removal proceedings.

LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case... more
Veronica Tunitsky

Veronica Tunitsky

Immigration Attorney - Houston, TX

You're obviously filing the I-751 based on an exception that allows you to file with evidence of a bona fide marriage that has/will be terminated by divorce. Technically speaking, that application does not need to be filed before the 2nd anniversary and can be filed up until the government tries to remove the person. Having said that, I try to file these within the 2-year window anyway because no one wants the govt breathing down their neck. What happens generally is that USCIS will give you an extension while your divorce is pending (since they can't approve the petition until the divorce is final). All this can be tricky and I advise you to get some help.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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