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Dear Sophie: Can I still get a green card through marriage if I’m divorcing?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I received a conditional green card after my wife and I got married in 2019. Recently, we have made the difficult decision to end our marriage. I want to continue living and working in the United States.

Is it still possible for me to complete my green card based on my marriage through the I-751 process or do I need to do something else, like ask my employer to sponsor me for a work visa?

— Better to Have Loved and Lost

Dear Better,

I’m sorry to hear your marriage didn’t work out. Rest assured, you can still proceed with getting a full-fledged green card even though you and your wife are divorcing. Listen to my recent podcast with Anita Koumriqian, my law partner, in which we discuss the removal of conditions on permanent residence for people who got two-year green cards through marriage.

As you know, since you were married for less than two years when you applied for your green card through marriage, you were issued a conditional green card that is only valid for two years rather than a 10-year green card. The purpose of the I-751 is to show that the couple entered into a genuine, good faith marriage. Usually, couples must file an I-751 petition together. However, an individual may file a petition without a spouse if any of the following apply:

  • If the marriage ended through annulment or divorce.
  • If the U.S. citizen spouse died.
  • If the conditional resident (and/or children) was battered or subjected to extreme cruelty.

If your divorce is not yet finalized and you don’t have a family law attorney yet, I do recommend that you work with a family law attorney, who is necessary to help streamline the process. I also recommend consulting an immigration attorney as soon as possible to prepare the I-751 filing since it can get tricky for an individual in divorce proceedings. Both need to work together and in parallel to ensure that everything goes smoothly for you with U.S. Citizenship and Immigration Services.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

When to file to remove conditions on permanent residence

The I-751 should be filed within the 90-day period before your conditional green card is set to expire. I recommend filing as soon as you can within that window. Keep in mind that, if you file your I-751 petition too early, it may be returned to you. And if you file it after your conditional green card expires, you not only face having to leave the U.S., but USCIS could also deny your petition if you fail to provide a compelling reason. If you are in this situation, definitely let your immigration attorney know.

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CoParenter helps divorced parents settle disputes using AI and human mediation

A former judge and family law educator has teamed up with tech entrepreneurs to launch an app they hope will help divorced parents better manage their co-parenting disputes, communications, shared calendar and other decisions within a single platform. The app, called coParenter, aims to be more comprehensive than its competitors, while also leveraging a combination of AI technology and on-demand human interaction to help co-parents navigate high-conflict situations.

The idea for coParenter emerged from co-founder Hon. Sherrill A. Ellsworth’s personal experience and entrepreneur Jonathan Verk, who had been through a divorce himself.

Ellsworth had been a presiding judge of the Superior Court in Riverside County, California for 20 years and a family law educator for 10. During this time, she saw firsthand how families were destroyed by today’s legal system.

“I witnessed countless families torn apart as they slogged through the family law system. I saw how families would battle over the simplest of disagreements like where their child will go to school, what doctor they should see and what their diet should be — all matters that belong at home, not in a courtroom,” she says.

Ellsworth also notes that 80 percent of the disagreements presented in the courtroom didn’t even require legal intervention — but most of the cases she presided over involved parents asking the judge to make the co-parenting decision.

As she came to the end of her career, she began to realize the legal system just wasn’t built for these sorts of situations.

She then met Jonathan Verk, previously EVP Strategic Partnerships at Shazam and now coParenter CEO. Verk had just divorced and had an idea about how technology could help make the co-parenting process easier. He already had on board his longtime friend and serial entrepreneur Eric Weiss, now COO, to help build the system. But he needed someone with legal expertise.

That’s how coParenter was born.

The app, also built by CTO Niels Hansen, today exists alongside a whole host of other tools built for different aspects of the co-parenting process.

That includes those apps designed to document communication, like OurFamilyWizard, Talking Parents, AppClose and Divvito Messenger; those for sharing calendars, like Custody Connection, Custody X Exchange and Alimentor; and even those that offer a combination of features like WeParent, 2houses, SmartCoparent and Fayr, among others.

But the team at coParenter argues that their app covers all aspects of co-parenting, including communication, documentation, calendar and schedule sharing, location-based tools for pickup and drop-off logging, expense tracking and reimbursements, schedule change requests, tools for making decisions on day-to-day parenting choices like haircuts, diet, allowance, use of media, etc. and more.

Notably, coParenter also offers a “solo mode” — meaning you can use the app even if the other co-parent refuses to do the same. This is a key feature that many rival apps lack.

However, the biggest differentiator is how coParenter puts a mediator of sorts in your pocket.

The app begins by using AI, machine learning and sentiment analysis technology to keep conversations civil. The tech will jump in to flag curse words, inflammatory phrases and offensive names to keep a heated conversation from escalating — much like a human mediator would do when trying to calm two warring parties.

When conversations take a bad turn, the app will pop up a warning message that asks the parent if they’re sure they want to use that term, allowing them time to pause and think. (If only social media platforms had built features like this!)

 

When parents need more assistance, they can opt to use the app instead of turning to lawyers.

The company offers on-demand access to professionals as both monthly ($12.99/mo – 20 credits, or enough for two mediations) or yearly ($119.99/year – 240 credits) subscriptions. Both parents can subscribe for $199.99/year, each receiving 240 credits.

“Comparatively, an average hour with a lawyer costs between $250 and upwards of $500, just to file a single motion,” Ellsworth says.

These professionals are not mediators, but are licensed in their respective fields — typically family law attorneys, therapists, social workers or other retired bench officers with strong conflict resolution backgrounds. Ellsworth oversees the professionals to ensure they have the proper guidance.

All communication between the parent and the professional is considered confidential and not subject to admission as evidence, as the goal is to stay out of the courts. However, all the history and documentation elsewhere in the app can be used in court, if the parents do end up there.

The app has been in beta for nearly a year, and officially launched this January. To date, coParenter claims it has already helped to resolve more than 4,000 disputes and more than 2,000 co-parents have used it for scheduling. Indeed, 81 percent of the disputing parents resolved all their issues in the app, without needing a professional mediator or legal professional, the company says.

CoParenter is available on both iOS and Android.

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