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    peterb011's Avatar
    peterb011 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 15, 2008, 11:24 AM
    Getting divorce while waiting on I-751 approval
    My wife (USC) and I jointly filed I-751 on time, before expiration of 2 year conditional residence that expired in March 2008.
    I received a letter/receipt from USCIS extending my conditional status for another 12 months while the petition is waiting for processing (decision expected in Jun 2009).
    Recently our marriage got very rocky, perhaps beyond salvage. What are possible consequences on processing and/or my status if we get separated or divorced before I get unconditional green card?

    Thanks
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Jul 15, 2008, 12:47 PM
    Quote Originally Posted by peterb011
    My wife (USC) and I jointly filed I-751 on time, before expiration of 2 year conditional residence that expired in March 2008.
    I received a letter/receipt from USCIS extending my conditional status for another 12 months while the petition is waiting for processing (decision expected in Jun 2009).
    Recently our marriage got very rocky, perhaps beyond salvage. What are possible consequences on processing and/or my status if we get separated or divorced before I get unconditional green card?

    Thanx
    Extension of conditional status for another 12 months translates as insufficient proof of relationship, so if the marriage is terminated before the end of this extended period, it could be very risky.

    You have the choices of hanging in there until you become LPR OR divorce and have immigration attorney take care of this issue. None of these is easy as you need to provide to USCIS with documents proving you entered marriage in good faith and denial of this application will cause you extreme hardship.

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