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Thread: Am I required to notify USCIS of divorce?

  1. #1
    Hello All,

    I am a USC. My soon-to-be ex-husband left me soon after receiving his conditional green card late last summer and has permanently relocated to Florida. I live in a no-fault divorce state and the divorce should be final late this Aug or early Sept. Since we filed all the paperwork together to get his green card, am I required to notify USCIS or provide them with a copy of the final divorce decree? He has changed his address in Florida several times and has changed or turned off his cell phone number to keep me from finding him. I know, I know, I was a complete idiot...and you have no idea how I have kicked myself for not "figuring it out" sooner; but I thought he loved me. So much for my thinking, huh?
    I just don't want to be in dutch with the government for not notifying them of the divorce; if it is something I must do. And if I must, what is the process, please.
    Thanks in advance for any helpful advice.

  2. #2
    Hello All,

    I am a USC. My soon-to-be ex-husband left me soon after receiving his conditional green card late last summer and has permanently relocated to Florida. I live in a no-fault divorce state and the divorce should be final late this Aug or early Sept. Since we filed all the paperwork together to get his green card, am I required to notify USCIS or provide them with a copy of the final divorce decree? He has changed his address in Florida several times and has changed or turned off his cell phone number to keep me from finding him. I know, I know, I was a complete idiot...and you have no idea how I have kicked myself for not "figuring it out" sooner; but I thought he loved me. So much for my thinking, huh?
    I just don't want to be in dutch with the government for not notifying them of the divorce; if it is something I must do. And if I must, what is the process, please.
    Thanks in advance for any helpful advice.

  3. #3
    Dear rainydays,

    I'm sorry this happened. Please try not to blame yourself for not seeing through his lies. I do think you should notify USCIS. Make a copy of the divorce decree and send it with a cover letter, which includes your ex-husband's name, A#, case # and other information that you have by certified mail or return receipt. In your letter simply state that you are notifying them of the divorce and that you do not have a forwarding address or phone number for him. After this, let it go. Obsessing will only hurt you more. I will you healing and happiness in the immediate future.

    Where is our husband from?

    best wishes,
    bigdummy

  4. #4
    Michael
    Guest
    STOP THE DIVORCE !!!!

    It is much better to get an ANNULLMENT BASED ON FRAUD !!!!!!

    You should definitely notify USCIS once it is FINAL by sending letters to the local office and the regional office; INCLUDE HIS "A" Number !

  5. #5
    bigdummy, he is from Managua, Nicaragua. He entered legally with his Visa, but overstayed. I didn't know he was illegal until he "confided" in me 6 months into our relationship. He said he was trying to become legal and obtain a work permit before we met. I thought he had a lawyer and was taking care of this all on his own!! I should have known better - it was all a lie. It's all been nothing but lies from him. And *I* was the Biggest Dummy of all for being so naive.

    Michael, I cannot afford an attorney. He has sent no money back to help with the house payments or any of the other bills associated with the house. In Washington, where I live, I've downloaded all the court documents needed to file for divorce, completed my sections and have mailed them to his work address. I am waiting to receive the papers back from him with his signature. Washington is a no-fault divorce state so I am not sure I can file for divorce because of fraud; at least not without hiring a very expensive attorney. And again, I just don't have the money to pay for it. And he isn't helping me financially.
    Believe me when I tell you, I am so ashamed and embarassed. Not to mention broken-hearted. This is without a doubt the hardest lesson I have ever had to learn.

    Thank you both for being so kind and for offering your helpful advice. I appreciate you both!

  6. #6
    Michael
    Guest
    If you think he will sign those papers, then you must be on drugs; an annullment is NOT expensive but only if you strike first; we are talking 1 or 2 thousand dollars (mine cost $1500 in New York; a fault state); if I kept on waiting for her to sign, she would have filed against me and cost me much more; believe me; HE WILL NOT SIGN; you better go see a lawyer right now and get an annullment based on fraud; the expenses be d a m n e d; its cheaper in the long run

  7. #7
    Since he only has a "conditional" green card, there's no requirement on your part to notify USCIS of the divorce, unless you wish to report fraud to USCIS to try to evade the I864 requirement. If you do, you will have to have compelling evidence to show.

    Once the divorce is final he will be able to petition to remove the conditions. He does not need to wait until 90-days before the 2 year anniversary of the award of his green card in order to do so. He would file a waiver on the basis that he claims the marriage was bona fide but ended in divorce. The onus would be on him to show that by way of documentation that you co-mingled your financial and social lives.

    The sooner the divorce occurs, the sooner he gets to file his waiver. If he has little in the way of evidence he may have difficulty overcoming the hurdle. If the divorce if filed later and it just happens that he has not yet finalised the divorce at the time he should normally file his I751, then he would run the risk of not being able to file in a timely fashion. If he does not meet the deadline with a waiver he would fall out of status and receive notification that he is subject to removal.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    Thank you all so much! You are all so kind and so very helpful!!
    Michael, I am calling around to see if I can find a reasonably priced atty for an annulment based on fraud. Keep your fingers crossed for me! One atty already quoted me $2400 retainer. YIKES!!!
    SappyConifer, I hear what you're saying. If I have to go the divorce route, I will make it take as loooooong as I possibly can!!

    You all are GREAT!! I cannot thank you all enough for the kindness, advice and support!!

  9. #9
    Michael
    Guest
    Shop around; you dont need a rocket scientist; you need to act fast; that is much more important

  10. #10
    Michael, I'm calling and calling; I've spent most of my afternoon calling. No one accepts AMEX and they all want between $2400 and $2700 retainer fees. PLUS, the cost of having him served ((because he WILL contest this)) all the way over in Florida. I'm doing my best, but it looks like I'm going to have to get a divorce. THAT, he won't contest.
    Don't give up on me, Michael........I don't have cash, my AMEX won't let me get that high of a cash advance, and I can't find anyone who will help me for less than $2400 cash.
    Please, do you have any other suggestions? I'm open to anything and I will listen to any advice you have to offer.

    Many Thanks!

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