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**Becky** · 08-29-2005, 07:55 AM

I was wondering if someone could help me out with a problem I'm facing. I've been married for 5 years to a US citizen. I've already filed my application for adjustment of status and am waiting for my 10 year green card. The problem is, I am extremely unhappy in my marriage and want to file for divorce. My question is, if I file for divorce right now, will I affect my status or my green card if I have been approved but haven't physically received it yet in my hand? And if it will affect me to divorce right now, how long does it take for it to actually be mailed to you? I was wondering if it will hurt or help me in any way if I were to marry another US citizen soon. If it's any help, my local office is Detroit and the office that had it was Nebraska. I appreciate any help!

08-29-2005, 08:01 AM

Hi Becky,

have you had an interview yet?

**Becky** · 08-29-2005, 08:10 AM

yes, and I was approved, now I'm just waiting.

08-29-2005, 09:00 AM

If everything is cleared (approved at the interview, fingerprints etc), most people get GC in the mail anytime from a few weeks to two months. How long have you been waiting? Did you get a stamp in your passport?

**Becky** · 08-29-2005, 09:32 AM

It just happened Friday, but I am extremely unhappy and just want to know if it is safe to file for divorce now, or if I need to wait until I physically hold the card in my hand.

**JohnDoe** · 08-29-2005, 10:04 AM

why dont you separate and file for divorce later on? Or do you want to marry someone else?

It may not look good when you divorce soon after getting your green card, in my opinion.

**Becky** · 08-29-2005, 12:26 PM

yeah I do want to marry somebody else, if not right away, very soon.

**Aguila** · 08-29-2005, 01:35 PM

Becky:

That would look terrible for immigration if you plan to ever file for naturalization. It clearly can support a claim on their side that your marriage was not bonafide. Just got your residence approved and then you divorce and re-marry immediately? They might investigate you.

**sappyconifer** · 08-29-2005, 01:42 PM

I'm not sure about that. The AOS approval is USCIS' affirmation that the marriage is bona fide, unless an ex-spouse were to allege something afterwards, I doubt it would have any bearing. She's been married for 5 years. That's a lot longer than many marriages last.

**Becky** · 08-30-2005, 08:26 AM

I guess my real question would be, are there any immigration attorneys that could tell me, if I file for divorce before the green card arrives in the mail, could it affect me, even though I am already approved to receive it and am just waiting? Or do I need to wait to file for divorce until I am physically holding it?

**Kumna** · 08-30-2005, 08:42 AM

Becky,

I am not an attorney, but this is what I can tell you.

Does it make any difference whether or not you have the card in hand? For immigration purpose, not necessarly at this point. The only potential problem is that your husband may take the card but even in that situation, you should be able to submit another form and USCIS should be able to send you another one in the mail. If you want to go throught that hassle, go ahead And have fun. Note that you may run into trouble if your spouse takes the card away and inform USCIS of your fraudulent intent. Now, if you are not sharing the same adress, well you should be ok since he wont get a chance to see the card.

As far divorcing goes, it will be suspicious to divorce less than 2 weeks of receiving the card and worst of all, to marry someone shortly.

Kumna.

**Becky** · 08-30-2005, 12:23 PM

There's not a fraudulent intent at all.

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