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how to ROC if divorced from my husband

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  • how to ROC if divorced from my husband

    I would like to know is it possible to RoC if i divorced my husband before 2 years of conditional of gc?
    What step i should take first?
    Please help me. Thank you

  • #2
    Yes, you may file for the ROC Not Jointly,However, you will need to provide evidence to waive the Joint Filing Process.

    Source: I-751 Instructions

    Filing with a request that the joint filing requirement be waived. You may file this petition at any time after you are granted conditional resident status and before you are removed from the U.S.


    You may file the ROC, Not Jointly for the grounds stated below:

    1. Due to the death of your spouse

    2. Marriage has been terminated

    3. Conditional resident child were battered or subjected to extreme cruelty

    4. The termination of your status and removal would result in ''extreme hardship

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    • #3
      Foreign nationals who entered the US on the basis of marriage to a US citizen are considered conditional residents. As such, these individuals are issued green card and allows them to live, study or work in the US. This green card is valid for two (2) consecutive years. However, they should apply for the removal of conditions within ninety (90) days before the the validity of this two (2) years green card expires. If at that time, your marriage has been terminated, you will still be allowed to file for the Removal of Conditions with a waiver for not filing jointly as one of the circumstances allowed for this process.

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