More details to this question:
I applied jointly for the removal of conditions in January 2019. My ex husband at the time was emotionally abusive and cheated on me with prostitutes on craigslist ( I have screenshots and copies of the messages and pictures he was sending). We had a real marriage and a lot of strong financial evidence, however I could not stay with him anymore due to what I mentioned. I consulted a lawyer who told me to file for divorce but to not notify USCIS unless they send a request for evidence or call me in for an interview. One of the reasonings for this is that in California, the minimum time to get a divorce decree is 6 months. At the time I filed in May, the I751 application had been pending for 5 months. As soon as a I filed, I moved out and changed my address with USCIS. Fast forward to February 2020, I received my green card without an RFE or an interview. Of course I was relieved and happy. My divorce was finalized a year after receiving my green card. I am terrified, help!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
In my opinion, your immigration status is likely okay. You filed for the I-751 while you were still living together, you did not begin a divorce action until five months later, you never received an RFE or interview notice, and you received the green card before the divorce was finalized. I do not believe that you had an affirmative duty to tell USCIS during the time the petition was pending that you were initiating divorce proceedings. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 09th, 2022 at 3:13 PM