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  • Attorney or Someone that can answer ?

    I married my girlfriend of 3yrs one year ago. She is from Brazil. we quickly had the first interview and passed and she got her GC stamped. My question is, things arn't working out and I want to get a divorce, and Im hoping when she has her 2nd interview in another year or so, is it possible that she can still pass that interview and get her permanent residence. I just wont stay married if its not for real, but dont want to hurt her and stop her from becoming legal. some back story, she came here about 6 years ago legally, but them overstayed her visa and has never left the country (Please help) thank you

  • #2
    I married my girlfriend of 3yrs one year ago. She is from Brazil. we quickly had the first interview and passed and she got her GC stamped. My question is, things arn't working out and I want to get a divorce, and Im hoping when she has her 2nd interview in another year or so, is it possible that she can still pass that interview and get her permanent residence. I just wont stay married if its not for real, but dont want to hurt her and stop her from becoming legal. some back story, she came here about 6 years ago legally, but them overstayed her visa and has never left the country (Please help) thank you

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    • #3
      can someone please help. Im in a dilema

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      • #4
        If she has the conditional green card already and has plenty of proof (joint financial information, bank statements, proof that you lived together, joint tax returns etc) to document that the marriage was genuine, then you can divorce now and once it is final she would have to file the I751 form alone on the basis that the marriage was bona fide, but ended in divorce.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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        • #5
          is this true , even if the divorce is first filed after it only it being one year

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          • #6
            Any alien with conditional residency that divorces and has a final divorce decree can waive the joint filing requirements to remove the "conditions". Whether he/she will prevail in securing permanent residency depends on the substance and the quantity of evidence he/she has to prove that the marriage was not entered into solely for immigration benefit.
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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            • #7
              thanks for your help. Can anyone tell me what % chances there are of her being ok. the proof she would have is just the pictures we had during our relationship, a bank acct. in both names for 1st yr only, car insurance together for 1st year only, and some mail in her name that would have my address on it.
              Thanks to anyone who knows the chances!!!

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              • #8
                Hmm. Not much evidence. What about
                Joint tax returns?
                Utility bills?
                Driver's license with same home address?
                Credit card accounts in both names?
                Invitations/greeting cards from family?
                Vacations together - hotel bills, itineraries?
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                • #9
                  I care because I dont want to see her get denied and get hurt, just because it didnt work out between us. Thanks ANYONE ELSE HAVE EXPERIENCE WITH THE OUTCOME OF SIMILIAR CASE THANK YOU FOR ANY INFO

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                  • #10
                    Hey Lani,

                    Take your opinion and stick it, you rightous ****. If you think that just because someone is an attorney they will offer competent advice then you need wake up. Immigration attorneys are some of the most incompetent and ruthless *****s on the face of the earth. Indeed they give ALL attorneys a bad name. They don't have clients they have prey. People who go to immigration attorneys are often scared. Immigration attorneys exploit this fear for their own personal gain.

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                    • #11
                      ANYONE ELSE HAVE EXPERIENCE WITH THE OUTCOME OF A SIMILIAR CASE THANK YOU FOR ANY INFO

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                      • #12
                        Lani, will I always be financially responsible for her debt and or any other $ issue that might arise, if I stay married to her?

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                        • #13
                          40 quarters of work

                          Or US Citizenship

                          BUT there was a case where an ex spouse succesfully sued for support, the case details were on this site.

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                          • #14
                            wow! you're a very nice guy at least you still care about her. my usc husband insisted a divorce and didn't care whether i get my permanent gc or not. i have very little proof like, 1 joint tax return, 1 bank account ( rarely used), 1 credit card but my name is not on it cause im only additional card, car insurance, tons of picture together, 3 notarized letters from our friends and 1 from his sister. we separated 6 months after i got my cgc and divorced almost a year. i know its not a long time but things happen. we're already having so much problems even before i got my cgc and i also suspected that he had found someone else since he became cold and starts coming home late at night. but i have no proof thats why i wouldn't even mention it.
                            i can't really do anything yet, i cant file for the waiver coz im still waiting for my divorce decree. my cgc will expires on april 2006. this is really really stressful. right now, im just praying and hoping for a miracle...

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                            • #15
                              You'll be responsible for your joint debts if you remain married to her. Even if you divorce, the Affidavit of Support will remain in force until she naturalizes, leaves the country, accumulates 40 quarters of SSA benefit deposits or dies.
                              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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