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When marriage breaks down during green card process

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  • When marriage breaks down during green card process

    Hello,
    I am trying to find out some information/advice, etc on the green card process when the marriage breaks down. My friend received his interview just a few weeks before his 2 yr wedding anniversary...he was not made aware of the waiver if he had the interview just a few weeks later after his 2 yr anniv. Therefore, he was issued a 2 yr "conditional card" and told to come back with his spouse in 2 yrs time...Can he not receive a waiver of the conditional status since he has now been married for 2 full years...?? Also,my friend would like to separate from the spouse for reasons of his own and she threatened him with deportation if he tried to leave her, also that she would deport him and he would never see his child...she has blackmailed him saying that she will deport him if he does not stay with her for the next 2 years and has waved the actual conditional green card in his face in front of friends saying..."this ensures HE stays with ME for the next 2 years"...

    Any advice you have would be greatly appreciated...

    My friends seems to think he must comply with her or else face deportation.

    Thanks,

    Morgan

  • #2
    Hello,
    I am trying to find out some information/advice, etc on the green card process when the marriage breaks down. My friend received his interview just a few weeks before his 2 yr wedding anniversary...he was not made aware of the waiver if he had the interview just a few weeks later after his 2 yr anniv. Therefore, he was issued a 2 yr "conditional card" and told to come back with his spouse in 2 yrs time...Can he not receive a waiver of the conditional status since he has now been married for 2 full years...?? Also,my friend would like to separate from the spouse for reasons of his own and she threatened him with deportation if he tried to leave her, also that she would deport him and he would never see his child...she has blackmailed him saying that she will deport him if he does not stay with her for the next 2 years and has waved the actual conditional green card in his face in front of friends saying..."this ensures HE stays with ME for the next 2 years"...

    Any advice you have would be greatly appreciated...

    My friends seems to think he must comply with her or else face deportation.

    Thanks,

    Morgan

    Comment


    • #3
      You can file to have conditions removed even if you are divorced or getting a divorce. You have to prove that the marriage was entered into in good faith.
      I think you will need to get a lawyer because it seems to me that this lady will try to say that the marriage was not entered into in good faith, that he did it just for the green card.

      Here is some info from the INS page as to the conditions being removed:

      http://www.ins.usdoj.gov/graphics/howdoi/remcond.htm

      Comment


      • #4
        Does this mean this happens often in the process? If he obtains a lawyer and petitions on his own, he should be able to obtain his perm. card in a a couple of years then? Regardless of divorce proceedings? Yes the marriage was entered into in good faith, and I see what you mean with the spouse's reactions so far, as to what she might threaten in future.

        Thanks,

        Morgan

        Comment


        • #5
          I have no idea if this happens often. Yes theoretically, he could do it all on his own even though he is getting a divorce. He'll be able to get his citizenship too.

          I don't know if this is common and I don't know how many people get their green cards after getting a divorce. Maybe someone has been in that situation and would like to share.

          Comment


          • #6
            Please share any thoughts if so...I am curious to the process and if it will be hard for my friend to move forward with this. It seems it would be fine for him to file for divorce and continue with his green card process...?

            Has anyone experienced a similar situation?

            Thanks!!

            Morgan

            Comment



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