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**Pasha Patel** · 08-31-2003, 11:12 PM

hi we are not getting divorce right now and probably will file a joint petition. i have certain questions if you can pls answer ..
1. if we get separated by mutual agreement and USC spouse is still ready for joint petition and interview...will it cause any problem in INS for joint petition ?
2. if i go through it and get 10 yrs PR GC and then get divorce...will it cause any problem with INS?

09-01-2003, 02:45 AM

Mr Patel,
In a recent BCIS memo, the agency stated that divorce is not separation and vice versa, that divorce is the actual divorce decree.

This means that you can do the joint filing to remove conditions on CPR and have your spouse cooperate IN CASE they call you for an interview, and you will be perfectly fine.

Do not START divorce proceedings until you have the 10 year card in your hands.

But you need to fully trust your wife to go this way and if I were you, I would not start another rship with anyone else or change anything that may make her change her mind, until the day down the years when the divorce is final. That goes along with the idea of respecting her, for her to keep her word and not renege on your agreement.

I hope this helps.

**Pasha Patel** · 09-01-2003, 09:36 PM

Thank you very much Mr. Halali....one more last question....i heard that if INS find out that after getting 10 yrs GC couple are divorced...will it cause any hurdle furthermore or in getting citizenship ? thank you...pls others do write ur comments too...i would appreciate it...Thank you

09-02-2003, 03:19 AM

You would be in trouble if they ever find out that you divorced (not separated) when the I-751 decision was pending and YOU DID NOT TELL THEM.

Thats why you should delay divorce until you have the 10 yr card in your hands.

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