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  • Divorce and I751, help

    I came USA as a F1 visa in 2003. I married USA citizen in 2004. I got the conditional green card in last Oct. We live in different state, he lives in Minnesota, I lives in Michigan because I did not finish my school yet. He ask for a divorce in Jan.2006. I have not joint lease and joint bank statment. the tax return is married file seperately because different state and I am a student.

    What should I do?

  • #2
    I came USA as a F1 visa in 2003. I married USA citizen in 2004. I got the conditional green card in last Oct. We live in different state, he lives in Minnesota, I lives in Michigan because I did not finish my school yet. He ask for a divorce in Jan.2006. I have not joint lease and joint bank statment. the tax return is married file seperately because different state and I am a student.

    What should I do?

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    • #3
      get ready togo home....you havent been married long enough.

      Comment


      • #4
        Consult an immigration attorney. It isn't so much the length of the marriage that has bearing, but the quality of the evidence that you intended to co-mingle your lives. Living in separate states in your situation is not uncommon, but not having much in the way of joint financial and tax filings might be tricky. I recommend some guidance by an attorney as to what types of proofs you do have that could accompany the waiver. Good luck.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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        • #5
          deepbobs:
          Thank you so much!
          I live in detroit, downtown. Where do you live? Could you introduce some immigration lawers in MI?
          My email:qingzhong65@yahoo.com
          I would like to contact with you by email.
          I have not joint bank account, tax is married and seperately file. only have pictures and gifts. How I prepare any document to support my good faith marriage?
          Thank ou again!

          Comment


          • #6
            Do conditional greenn card can change to F1 or H1? any people know?
            Please help,
            Thanks

            Comment


            • #7
              As soon as divorce is final submit I-751, waiver of joint filing requirement to remove conditions with documentary evidence of bona fide marriage.
              See http://uscis.gov/graphics/howdoi/remcond2.htm

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              • #8
                susana,

                Why would a conditional green card holder need to convert to an F1 or H1 status? Are you asking in the event that the LPR is denied?
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  yes, I wonder if the I751 is denied, may i change to other status, or I must be deported out of usa?

                  Thank you

                  Comment


                  • #10
                    Hi many of us have been in this situation. you have valid reason on why you guys were apart-education- so you will still put a fight for it but chances are that you will get the GC. Gather all the evidence. Did you guys go to counseling?
                    i think deep****s will offer you good advice. good luck

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                    • #11
                      Hi susana, we have a similar situation here. Met my husband in 2002 while visiting US. We got married in 2003 and May 2005 we filed divorce. Before we get divorce we lived seperately for over six months because of work. My husband's family has business in NY and CA. He was detained in NY 4 months after i got my cgc. His family didn't let me go with him so i was left working and living with them here in CA. It's the worst decision coz we have to be separated while we are having marital problems (long story). When he came back in April 2005, he asked for divorced. I'm about to file the waiver I-751 next month, I didn't have enough evidence of bonafide marriage either. We only have 1 bank account that was rarely used and one joint tax return and one ammended married filing separately. We have a lot of pictures, junks and support letters. I have a lawyer who charged me for $3000 just to give me a list of everything that i need for the waiver. He also told me that there is no guarantee. I asked about the F1 visa and he said that i can't file anything while i'm filing the waiver. In a divorced case, the best thing you can do is to file a waiver. people correct me if i'm wrong but that's what i heard from my lawyer. even if you get denied you can still appeal it and there will be a long processing and a lot of $$$$. I'm also worried about my case. I couldn't sleep at night and my cgc will expire this coming April. Right now, i got all the documents that i need but i'm just waiting for my lawyers signal.

                      deepbobs, is there anyway i can email you? i want to ask you something if you don't mind. i need your help. thanks. ( kdls9@yahoo.com )

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